RECE~V~D

Post Hearing Brief

CLERK’S OFFICE

PCB 04-79

OCT 25 2004

(Citizens Enforcement-Noise)

Complamants: Richard M. Saxbury

QThTEOFILLtNOIS

Bonita K. Saxbuiy

Pollution Contro

oar

Respondent: Archer Daniels Midland

~ ~

Lee Cunningham, Attorney

C.—i

On November 6, 2003, Richard and Bonita Saxbury (brother and sister), residing at 260 West Miller St., Hull, Illinois, filed a formal

complaint against Archer Daniels Midland (hereafter known as ADM) alleging ADM was violating Environmental Pollution Act

415

tICS 24 as well as

ILL 900.102.

The complaint was filed as a last resort. We have tried many avenues to resolve this problem. We started pursuing answers to the

noise pollution problem in late 2000. We had been advised by the Environmental Protection Agency to send a good neighbor letter,

which was sent to Wayne Andreas, CEO, ADM. In this letter we explained the problem and asked for a time line in which ADM

would take care of the said problem. The letter was totally ignored. We had also contacted G. W. Dimmift ofthe ADM, Quincy,

Illinois Office several times. Mr. Dimmitt was usually rude and uncooperative. There was also a contact with D.J. Smith, an attorney

for ADM. I, Bonita, had called to speak with Mr. Andreas, and was referred to Mr. Smith. During the conversation, Mr. Smith told

meto do what we had to do. Therefore, the formal complaint was filed.

The noise that we complained about was coming from a tin that was used to thy the grain. The noise from the fin came directly atus,

which Mr. Diinmitt said in his ownwords, but later inthe hearing, under oath, denied saying. Mr. Dim~mittalso said, under oath, that

he had not been in our yard, but he was in our yard, outside our living room window, so close that I, Bonita, could have reached out

and touched him. That was when he made the statement about the tin.

The noise was high pitched, shrill and constant. After ADM tried to fix the problem, which was after the formal complaint was filed,

there is a different sound coming from the fan, but the sound is just as loud and obnoxious. Kent Thompson, manager of the Hull

ADM elevator, said that he could understand where there was a problem with the noise from the fan but he denied making this

statement, at hearing, under oath. He did say this to Richard Saxbury while they were standing in the Saxbuiy yard. He also said that

he might have to buy our home to save his retirement, which he also denied under oath. And it must be said, neither of us, the

Saxburys, had said that we were willing to sell our home.

ADM says that there is just an on and off switch to this fin. We understand that most machinery does have more settings or controls

than just an on and off switch. If there is just an on and off switch, then the other variables are tremendous, such as wind direction,

weather, etc., because the volume wavers. At times, the noise is fairly low, thenat other times is so loudthat it is unbearable.

ADM took possession of the elevator in Hull in the mid to late 1990’s. There had been noise at the elevator before, but not to the

extent that there was after ADM took over the operations. Before ADM acquired the elevator, we had never once had to leave our

home because ofthe noise. Since ADM has operated the elevator, we have had to leave our home many times because the noise was

unbearable.

Today is October 16, 2004, and yesterday, I, Bonita, was taking notes for this brief; and during that time, the elevator fin was running

so high and loud that with all the windows and doors closed and with our home being well insulated, the noise wasjust unbearable. I

have been under a doctor’s care for an upper respiratory infection and was on medication for that problem. Therefore, I had to just sit

and listen to the noise. I was not even able to leave the house to get away from the noise.

We, Richard and Bonita Saxbury have never filed a lawsuit or a formal complaint before this time.

ADM says that there is no problem with the noise from the fin but after the complaint was filed, they spent a great deal oftime trying

to fix a problem, which they said did not exist. Their statements do not make sense there. If there was truly no problem, why would

you spend time and money trying to fix something that didn’t exist.

The noise has been detrimental to our well being

as to our mental, emotional and physical health. As said before, we have had to

leave our home many times because ofthe noise coming from the fan at the elevator. This is just not right, it is unlawtIil. A person

has the right to enjoy their own property withoutexception.

Although this was disputed, under oath, by Mr. Thompson and Mr. Dimmitt, we did have to leave our home on Christmas E~eéDay,

2003 because of the noise of the fin at the ADM elevator, this fin ran all day long on Christmas Eve Day. On another day~ti

Saturday, the tin was running so loud that I, Bonita, called Mr. Dimmitt athome aboutthe noise. He, in a very rude manner, gave rt1~

to understand that I must be hearing things because the elevator was not running today. I told him that Mr. Thompson’s truck was

over at the elevator, at whichtime Mr. Dimmitt said he would have to check into it and get back to me.

ADM should not be above the law. They should have to obey the law or take the consequences. Because ordinary citizens cannot

afford an attorney or a noise expert, they should not be intimidated and overrode by large companies or corporations that have

attorneys on retainer.

We know that we have been bullied by ADM. They have tried to intimidate us with their letters and conversations. If something

cannot be done about this situation, then there is something very wrong with the system, and the pollution laws might as well be

stricken from the books.

As said before, ADM has professed that they have tried to be good neighbors. That just is not so. Good neighbors would not have

treated us as they have treated us. Only after the formal complaint was filed, did we get their till attention. Before that, it was as if

we were a little bug that needed to be squashed and even now at and before hearing, it is as if we, the common people, have to be

squashed.

At hearing, Mr. Dinimitt said that they need to be running the fins twenty four hours a day, but since the hearing date was set, they

have hardly run the fans at all and when they have run them, it was for very short amounts of time and at a very low volume. That

was until yesterday, October

15,

2004. That statement from Mr. Dimmitt does not seem to be a consistant statement.

Let it be knownthat in addition to the stress ofthe noise pollution coming from the ADM Hull Elevator, the stress of filing the formal

complaint and all that process entailed, that has taken nearly a year now, this process has been very hard on us in every way,

emotionally, physically and mentally.

ADM should have to abide by the pollution laws. They should not be above the law.

We ask that ADM cease and desist to operate their Hull Elevator until they have solved thisnuise pollution problem. We are certain,

whhthe right engineers and the output ofmonies that the problem could be solved. After all, we can put a man into space now, why

wouldn’t we be able to solve a noise problem with a fan.

We also ask that ADM be fined a one time fine of$50,000.00 (fifty thousand dollars), a daily fine of$10,000.O0 (ten thousand dollars)

tettoactive, if possible to the year 2000. We believe that these fines and penalties are in accordance with the law, 415 ILCS Title XII.

Itt c1c~sing,we would like to reiterate that we are common citizens and not attorneys.

Ms Bonita K. Saxbuiy

Mr. Richard M. Sã~tfry