May 8,

.1975

LAKE HOLIDAY,

)

STANLEY D.

Petitioner,

v.

)

PCB 75-97

ENVIRONMENTAL PROTECTION AGENCY,

Respondent.

OPINION AND ORDER

OF

THE

BOARD

(by

Mr.

Goodman):

On February

27,

1975,

Lake

Holiday

by

Stanley

D.

Propst

(Holiday)

f:Lled

a

request

for

variance

with

the

Illinois

Pollution

Control

Board

(Board)

Petitioner

sought

a

variance

to

enable

it

to

apply

a

fish

toxicant,

fintrol

concentrate

(ant~mycin)

•

to Lake Holiday

in

amounts

in excess of

the

limits

in

Rule

203(h)

of

the

Water

loilution

Regulations

(Chapter

3)

.

Rule

203

(h)

provides

that:

Any

substance

toxic

to

aquatic

life

shall

not

exceed one~tenthof the 48—hour median tolerance

:Limit

(48-hr.

TLm)

for native fish or essential

fish food organisms.

Lake

Holiday,

an

artificial impoundment,

is owned by

the

Lake

Holiday Sportsmans Club,

Inc.

of

Peoria,

Illinois

and is located in Section

3 of Township

8N,

Range

SE

in

Peoria County.

Holiday requested permission to make its

one application of antimycin

in

Nay of 1975,

Lake Holiday occupies 7.5 acres and contains approxi-

mately 114.7 acre—feet of water.

It

is not a public water

supply and has no usual discharge but does discharge during

heavy rains through

a spillway to Charles Branch, tributary

to the west branch of Kickapoo Creek,

tributary to the

Illinois River.

None of these waters are used as public

water supplies, except the Illinois River over 100 miles

downstream of its confluence with the Kickapoo.

Petitioner

is seeking

a variance so that it can make one application

of 1.0 ppb of antimycin to the lake in order to reduce the

bluegill population and restore the proper bass-bluegill

balance to the lake for the purpose of improved angler

success.

If Petitioner

is granted

a variance,

the fish

toxicant is to be administered by a Fishery Biologist from

the Illinois Department of Conservation.

District Fishery

Biologist,

Mike Conlin,

has stated that potassium perman-

ganate will be used as a detoxifier,

should adverse condi-

tions occur while the antimycin is toxic.

16—629

---

—2—

The Illinois Environmental Protection Agency

(Agency)

filed its recommendation on March

31,

1975.

The Agency

reported that Lake Holiday is not used as a public water

supply and is fed by

50 acres of watershed drainage.

The

Agency also reported that the lake has no usual discharge

except during heavy rains through a spiliway as stated above.

The Agency recommends that the Petitioner be granted a

variance from Rule 203

(h)

of Chapter

3,

subject to certain

conditions.

We grant the variance, subject to the conditions

suggested by the Agency.

Variances have been granted

in

cases

similar to this to correct imbalances

in fish popu—

lation.

See City of Jacksonville

v. Environmental Protection

Agency

PCB

74—92,

13

PCB

631

(September

19,

1974)

and

Lake

Pat

tersonFl shin9C1ubv~roI1ment~iPro!~~ox1Acrenc

PCB

74—341,

14

PCB

529

(November

22,

1974)

.

The

use

of

antimycin

permits

differential

killing of

undesirab:Le

fish

populations;

does

not

harm

indigenous

plants,

insects

and

animals;

and

is

biodegradabi~e

t:.o

non—toxic

form

within

several days.

In light of the

characteristics

of

antimycin,

the precautions to be observed in application

and

the

interests

of

fishing

in

the

area,

it would he

an

unreasonable

hardship

to

deny

the

variance

in

this

case.

This

opinion

constitutes

the

findings

of

fact

and

conclusions

of

law

of

the

Board.

ORDER

Lake

Holiday

Sportsman’s

Club,

Inc.

is

granted

a

variance

from Rule 203(h)

of Chapter

3 to apply

a

1 pph dosage of

antinlycin to Lake Holiday at any time from the adoption of

this order until May 30,

1975, provided the following

con-

ditions are carried out:

(a)

Petitioner shall have potassium permanganate

available for use

if ordered by the fishery biologist; and

(b)

Petitioner shall close Lake Holiday and the lake’s

surrounding land area to all primary and secondary contact

uses, including but not limited to swimming, boating,

fishing,

and camping during the period of administration of the

fish toxicant and until such time as fingerling rainbow

trout or fingerling bluegill survive

48 hours of exposure

in livecars situated in Lake Holiday; and

16—630

---

—3—

(c)

Petitioner shall provide

a method of collecting

dead fish which

is acceptable to the Agency.

Such method

shall be submitted to Manager, Variance Section, Division

of Water Pollution Control, Illinois Environmental Protection

Agency,

2200 Churchill Road, Springfield, Illinois

62706

prior to the application of the toxicant; and

(d)

An approved landfill shall be used to dispose of

the dead fish,

or Petitioner shall use another method of

disposal acceptable to the Agency; and

(e)

No

discharge

shall

be

permitted

from

Lake

Holiday

until such time as fingerling rainbow trout or fingerling

bluegill

shall

survive

48

hours

of

exposure

in

livecars.

No

discharge

shall

be

accomplished

by

using

sandbags

across the

spiliway

or

by

appropriate

drawdown,

if

necessary;

and

(f)

That

prior

to

treatment

Petitioner

shall

supply

a

statement

to

the

Manager of the Variance Section,

at the

address

listed

in

paragraph

(c)

above,

of

ownership

of

the

lake

and

that

all

of

the

owners

have

consented

to

the

treatment.

IT

IS

SO

ORDERED.

I,

Christan

L.

Moffett,

Clerk

of

the

Illinois

Pollution

Control

Board,

hereby

certify the above Opinion and Order

were

adopted

on

the

___________day

of

1?)

,

1975

by

a

vote

of

~

Christan L. Moffett,

/~,4rk

Illinois Pollution CMi6~folBoard