ILLINOIS POLLUTION CONTROL
BOARD .~“
~
r Y
BONITA SAXBURY and
)
RICHARD
SAXBURY,
)
Complainants,
)
SEP 032004
)
PCB04-79
PoHt~t~~
)
(Citizens Enforcement-Noise)
ard
ARCHER DANIELS MIDLAND
)
COMPANY, HULL, ILLINOIS
)
DIVISION,
)
)
Respondent.
)
NOTICE OF FILING
PLEASE TAKE NOTICE
that Ihave today filed with the Office ofthe Clerk ofthe
Pollution Control Board a Joint Motion for Site Visit, a copy ofwhich is herewith served
upon you.
August 31,2004
Archer Daniels Midland Company
BY:~~
(~ ~
Corporate Environmental Counsel
Archer Daniels Midland Company
4666 Faries Parkway
Decatur, IL
62526
(217)451-4883
#31101
ILLINOIS POLLUTION CONTROL BOARD
BONITA SAXBURY and
)
RICHARD
SAXBURY,
)
c~$~~D
Complainants,
)
STATE
SEP
O1~1~
03 2004
v.
)
PCB04-79
Pollution c~
ILLtNOIS
•
)
(Citizens Enforcement
—
Noise)
n rog Board
•
ARCHER DANIELS MIDLAND
)
COMPANY, HULL, ILLINOIS
)
DIVISION,
)
)
Respondent.
)
JOINT MOTION FOR SITE VISIT
Bonita and Richard Saxbury (the Saxburys) and Archer Daniels Midland Company
(ADM) hereby request the Board to conduct a site visit to establish a more
comprehensive record in this matter pursuant to 35 Ill. Adm. Code 101.632. In support
thereof, the Saxburys and ADM state as follows:
1. This matter is a citizen’s enforcement action brought by the Saxburys alleging
that sounds emitted from the operation ofbin dryer fans which ADM uses from time to
time at its elevator located in Hull, Illinois, constitute a noise nuisance pursuant to 35 Ill.
Adm. Code 901.102.
2. As the Board is well aware, noise nuisance actions are among the most, if not
the most, difficult cases to decide when there is conflicting testimony regarding the
unreasonableness ofthe noise, which the parties anticipate will be the case in this matter.
3. Both parties believe that if the Board were to actually hear the sounds emitted
from the bin dryer fans it would be in a muchbetter position to decide this matter than if
it were to base its decision solely on the written hearing record.
4. The Saxburys have authorized me to represent to the Board that they have read
this motion and that theyjoin in it.
WHEREFORE, the partiesjointly request the Board to conduct a site visit to ADM’s
elevator in Hull, Illinois, for the purpose oflistemng to the sounds emitted from the
facility’s bin dryer fans
August 31, 2004
Archer Daniels Midland Company
BYLR
~
Corporate Environmental Counsel
Archer Daniels Midland Company
#30994
•
ILLINOIS POLLUTION CONTROL BOARD
BONITA
SAXBURY
and
RICHARD SAXBURY,
Complainants,
)
)
)
)
)
v.
)
)
ARCHER
DANIELS MIDLAND
)
COMPANY, HULL, ILLINOIS
‘)
DIVISION,
)
Respondent.
)
)
PCB 04-79
(Citizens Enforcement-Noise)
CERTIFICATE OF SERVICE
I,
the undersigned, certif~ythat I have served the attached Joint Motion for Site Visit, by
United States Mail, upon the following persons:
•
Bonita and Richard Saxbury
P.O.#3
260 W. Miller
Hull, IL 62343
Dorothy M. Gunn
Illinois Pollution Control Board
James R. Thompson Center
100 W. Randolph Street
Suite 11-500
Chicago, IL 60601
August 31, 2004
Carol Sudman
Hearing Officer•
Illinois Pollution Control Board
600 S. Second Street, Suite 402
Springfield, IL 62704
Archer Daniels Midland Company
BY:
~ 1~C~ç~
Corporate Environmental Counsel
Archer Daniels Midland Company
4666 Faries Parkway
Decatur, IL 62526
(217)451-4883
#31102
