ILLINOIS POLLUTION CONTROL BOARD
    June
    20, 1974
    CITY OF JACKSONVILLE,
    Petitioner,
    v.
    )
    P03 74—92
    ENVIRONMENTAL PROTECTION AGENCY,)
    Respondent.
    INTERIM
    ORDER
    OF
    THE
    BOARD
    (by Dr. Odell)
    On
    March 14,
    1974,
    the City of Jacksonville
    (City)
    filed
    a Petition for Variance with the Illinois Pollution Control Board
    (Board).
    Petitioner sought relief from Rule 203(h)
    of Chapter
    Three: Water Pollution Regulations of Illinois
    (Chapter Three).
    Petitioner wishes to apply the fish toxicant, antimycin,
    (trade
    name Fintrol-5)
    to the water of Lake Jacksonville for the purpose
    of poisoning the undesirable gizzard shad,
    small sunfish,
    and. carp
    which have overpopulated the lake, resulting in a sharp decline
    in the numbers and quality of game fish.
    On April
    4,
    1974,
    the Environmental Protection Agency
    (EPA)
    moved that the Petition be dismissed for inadequacy or that Petitioner
    file an amended petition.
    On April
    18,
    the Board ordered Petitioner
    to file additional information.
    An Amended Petition for Variance
    was
    filed April 25, 1974.
    This Petition answered the questions set
    out in EPA’s motion.
    EPA filed its Recommendation on May 28,
    1974,
    and raised numerous questions it had failed
    to raise at the time of
    the filing of its original Motion.
    The Board agrees with the EPA that additional information
    is
    necessary to determine whether a variance can be granted. Rather than
    dismiss this Petition for inadequacy, a hearing is the best way to
    ensure that reliable and complete information
    is received within the
    shortest possible period of time.
    Issues
    to be considered at the
    hearing should include:
    1.
    Up-to-date research data on the value of Fintrol—5 as
    a
    means of
    fish control,
    including advantages and disadvantages of
    its
    use.
    2.
    Health effects to non-target populations from contact
    with the water treated with Fintrol-5 before and after biodegradation
    of Fintrol—5 has occurred.
    3.
    Measures to be taken by Petitioner to safeguard against
    harm to non—target populations during the period of the Fintrol-5
    application.
    4.
    The length of time for which this treatment will enhance
    the quality of Lake Jacksonville and any methods
    to be taken to
    12
    —
    575
    —2—
    assure long—term enhancement.
    5.
    Procedures to avoid contamination of the public water
    supply during the treatment period, including measures for handling
    emergencies.
    6.
    Groups which will benefit from the toxification program
    and those that may be adversely affected.
    7.
    Possible application of Fintrol-5 with EPA monitoring
    and participation.
    ORDER
    1.
    IT IS THE ORDER of the Pollution Control Board that
    a
    hearing be held in this matter to supply answers to questions raised
    by EPA and the Board.
    2.
    Failure of Petitioner
    to waive the 90-day requirement
    of Section 38 of the Act for an additional 60 days while the hearing
    takes place will cause the Petition to be dismissed for lack of
    information.
    I, Christan L. Moffett, Clerk of the Illinois Pollution Control
    Board,
    her4?by
    certify
    that
    the
    above
    Opinion
    and
    Order
    was
    adopted
    on
    the
    ~~“day
    of)~_)~L~i
    1974,
    by
    a
    vote
    of
    ___
    to
    C~
    QL4~~
    Christan L. Mo2~
    12—576

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