ILLINOIS POLLUTION CONTROL BOARD
    December 16, 1999
    ARCHER DANIELS MIDLAND
    COMPANY and CITY OF DECATUR,
    Petitioners,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 00-101
    (Provisional Variance - Water)
    ORDER OF THE BOARD (by C.A. Manning):
    On December 15, 1999, the Illinois Environmental Protection Agency (Agency) filed a request
    for a provisional variance and notification of recommendation. The Agency recommends that the Board
    grant a 45-day provisional variance to allow pumping of groundwater from four wells located on the
    east side of petitioner Archer Daniels Midland Company’s (ADM) Decatur East Complex into Fairies
    Creek. This groundwater would flow into Lake Decatur, which is the petitioner City of Decatur’s (City)
    primary source of water. This water would then be treated at one of two water treatment facilities
    owned by the City. The purpose of the provisional variance is to allow ADM to assist the City in
    maintaining an adequate public water supply during a period of abnormally low rainfall. In making its
    recommendation, the Agency states that failure to grant the requested provisional variance for 45 days
    will result in an arbitrary or unreasonable hardship on the petitioner.
    The Board grants the petitioners a provisional variance from effluent discharge requirements set
    forth in 35 Ill. Adm. Code 304.141 and permit requirements set forth in 35 Ill. Adm. Code 309.102.
    The Board is required, in a provisional variance, to adopt a formal order, assure formal maintenance of
    the record, assure the enforceability of the variance, and provide notification of the action by press
    release. Pursuant to Section 35(b) of the Environmental Protection Act (Act) (415 ILCS 5/35(b)
    (1998)), the Board must issue the provisional variance within two days of the filing.
    The provisional variance is granted, subject to the following conditions:
    1.
    The variance shall begin on the date when ADM begins pumping groundwater into
    Fairies Creek and shall continue for 45 days or until the Agency issues a National
    Pollutant Discharge Elimination System Permit authorizing the discharges, or until
    sufficient rain has fallen such that an adequate supply of water is available and the public
    water supply is no longer threatened, whichever occurs first.
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    2.
    Prior to discharging groundwater to augment flow into Lake Decatur, ADM shall
    resample each well for mercury and utilize only wells with non-detection’s for this
    contaminant.
    3.
    During the provisional variance period, ADM shall sample each well that it is pumping
    from once per week for pH, total suspended solids, and total iron. In addition,
    continuous flow (million gallons per day) shall be calculated using the capacity of each
    pump and the duration of pumping at each well. ADM shall submit sample results and
    calculated flows weekly to the Agency.
    4.
    During the provisional variance period, the City shall develop and implement a
    comprehensive water conservation plan.
    5.
    Petitioner shall notify Eliana Brown of the Agency by telephone at 217/333-8361 when
    groundwater pumping begins and again when the pumping activities stop. Written
    confirmation of each notice shall be sent within five days to the following address:
    Illinois Environmental Protection Agency
    Bureau of Water, Compliance Assurance Section
    Attention: Mark T. Books
    1021 North Grand Avenue East
    P.O. Box 19276
    Springfield, Illinois 62794-9276
    6.
    Petitioner shall sign a certificate of acceptance of this provisional variance and forward
    that certificate to Mark T. Books at the address indicated above within ten days of the
    date of this order. The certification should take the following form:
    CERTIFICATION
    I (We), _________________________________, hereby accept and
    agree to be bound by all terms and conditions of the order of the Pollution
    Control Board in PCB 00-101 dated December 16, 1999.
    ______________________________________
    Petitioner
    ______________________________________
    Authorized Agent
    ______________________________________
    Title
    ______________________________________
    Date
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    IT IS SO ORDERED.
    Section 41 of the Act (415 ILCS 5/41 (1998)) provides for the appeal of final Board orders to
    the Illinois Appellate Court within 35 days of service of this order. Illinois Supreme Court Rule 335
    establishes such filing requirements. See 172 Ill. 2d R. 335; see also 35 Ill. Adm. Code 101.246,
    Motions for Reconsideration.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that the above
    order was adopted on the 16th day of December 1999 by a vote of 6-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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