ILLINOIS
    POLLUTION
    CONTROL
    BOARD
    December
    19,
    1974
    THREE
    FOUNTAINS
    ON
    THE
    LAKE
    CONDOMINIUM
    ASSOCIATION
    PETITIONER
    v.
    )
    PCB
    74—378
    ENVIRONMENTAL
    PROTECTION
    AGENCY
    )
    RESPONDENT
    OPINION AND ORDER OF THE BOARD
    (by Mr. Marder)
    This action involves a Petition of Three Fountains on the
    Lake
    Condominium Association for variance from Rule 203
    (h)
    of Chapter
    3, Water Pollution Control Regulations,
    in order to apply a fish tox-
    icant to a recreational
    lake owned by the Association.
    The Petition
    was filed October 24,
    1974.
    The Agency filed its Recommendation to grant the variance subject
    to certain conditions on December 2,
    1974.
    No
    hearing
    was
    held.
    Petitioner is sole owner of a private 3.8 acre lake,
    located at
    5501 Carriage Way Drive,
    Rolling Meadows.
    The lake is spring- and
    surface—fed with no discharge to any other bodies of water.
    In fact,
    when the lake was at its highest known level,
    it was still
    12 feet
    below its banks.
    Therefore,
    it
    is highly unlikely that the toxicant
    could find its way to other waters of the state.
    Petitioner claims that presently the lake
    is overpopulated with
    fish, and consequently there
    is a significant deterioration of the
    lake.
    Harry Wright, Fishery Biologist,
    Department of Conservation, rec-
    ommended that antimycin be used
    as the best possible poison to be used
    in the lake.
    The Board has granted variances
    in the past, where anti-
    mycin was the toxicant ordered.
    City of Jacksonville v. Environmental
    Protection Agency, PCB 74-92.
    The dead fish will be collected as they drift to shore,
    and will
    be removed by
    a commercial hauler.
    The Board feels that to prevent
    the” poisoned fish from coming into contact with other animals, dispos-
    al hill be required in a sanitary landfill.
    The Petitioner alleges that the lake
    is not used for a water supply
    by humans or animals, and swimming is not allowed.
    The Agency suggests
    the lake be closed for use until such time as fingerling trout or blue-
    14
    —
    766
    —2—
    gill survive forty—eight hours’ exposure in livecars.
    The Agency feels that this variance should be granted, as this pro-
    ject will result in an improvement to the environment.
    The disadvant-
    ages to applying the toxicant are far outweighed by the benefits that
    will be brought to the lake.
    This Opinion constitutes the findings of fact and conclusions of
    law of the Board.
    ORDER
    IT IS
    THE
    ORDER of the Pollution Control Board that Three Fountains
    on the Lake Condominium Association is granted variance from Rule
    203
    (h)
    of Chapter
    3 of the Board’s Rules and Regulations,
    in order
    to apply antimycin to the lake located at 5501 Carriage Way Drive,
    Rolling Meadows, Illinois, subject to the following conditions:
    1.
    A Department of Conservation Fishery Biologist shall conduct
    a bioassay on the lake prior to the application of the anti-
    mycin so that the correct amount and proper conditions may be
    established.
    In addition, he shall administer the antimycin.
    The Petitioner shall notify the Agency ten days in advance of
    the treatment,
    so that they may observe the treatment;
    2.
    The lake shall be closed for all use until such time as finger-
    ling rainbow trout or fingerling bluegill survive
    48 hours’ ex-
    posure in livecars;
    3.
    The dead fish shall be removed in
    a proper manner and disposed
    of in enclosed container-type trucks to
    a sanitary landfill;
    4.
    All necessary precautions shall be taken to insure the water
    quality of Three Fountains on the Lake Condominium Association;
    5.
    Petitioner shall comply with all other statements made in its
    petition, and accompanying reports, and its amended petition
    regarding administration of the toxicant;
    6.
    Petitioner shall report to the Agency the results of the sub-
    ject administration of fish toxicant within thirty-five
    (35)
    days of the completion of the operation.
    I, Christan L.
    Moffett, Clerk of the Illinois Pollution Control
    Board, certify that the above Opinion and Order was adopted by the
    Board on the
    19th
    day of
    December
    ,
    l974,by a vote of
    ~
    o
    _~U~uu;tL~
    .~
    14— 766

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