ILLINOIS POLLUTION CONTROL BOARD
    February 2,
    1995
    PEOPLE OF THE STATE
    )
    OF ILLINOIS,
    )
    Complainant,
    )
    v.
    )
    PCB 94—123
    )
    (Enforcement-Air)
    ARCHER DANIELS
    )
    MIDLAND COMPANY,
    )
    a Delaware Corporation,
    )
    )
    Respondent.
    OPINION
    AND
    ORDER OF THE BOARD
    (by R.C. Flemal):
    This matter comes before the Board upon a one—count
    complaint filed April 18, 1994,
    by Roland W. Burns, Attorney
    General of the State of Illinois, on behalf of the Illinois
    Environmental Protection Agency and the People of the State of
    Illinois, against Archer Daniels Midland Company,
    a Delaware
    Corporation regarding its two facilities, the East Plant and the
    Division Street Plant located in the City of Decautur, Macon
    County,
    Illinois. The complaint alleges that the Archer Daniels
    Midland Company has violated Section 25b—2 of the Illinois Envi-
    ronmental Protection Act
    (Act)
    (415 ILCS
    5/25b-2) pertaining to
    toxic chemical release reporting requirements.
    Pursuant to 415 ILCS 5/31(a) (2), the parties filed a joint
    Motion requesting relief from the Act’s hearing requirement on
    December 30,
    1994.
    The Board published a notice of the waiver on
    January
    5,
    1995; no objection to granting of the waiver was
    received.
    Waiver of hearing is hereby granted.
    The parties filed a Stipulation and Settlement Agreement on
    December 30,
    1994.
    The Stipulation sets forth facts relating to
    the nature, operations and circumstances surrounding the claimed
    violations.
    The Archer Daniels Midland Company admits the
    alleged violations and agrees to pay a civil penalty of six
    thousand four hundred dollars ($6,400. 00).
    The Board finds the settlement agreement acceptable under 35
    Ill. Adm. Code 103.180.
    This settlement agreement in no way
    affects respondent’s responsibility to comply with any federal,
    state or local regulations, including but not limited to the Act
    and the Board’s pollution control regulations.
    This opinion constitutes the Board’s findings of fact and
    conclusions of law in this matter.
    2
    ORDER
    1)
    The Board hereby accepts the Stipulation and Settlement
    Agreement executed by the People of the State of
    Illinois and the Archer Daniels Midland Company,
    concerning its two facilities,
    the East Plant and the
    Division Street Plant located in the City of Decautur,
    Macon County,
    Illinois.
    The Stipulation and Settlement
    Agreement are incorporated by reference as though fully
    set forth herein.
    2)
    The Archer Daniels Midland Company,
    shall pay the sum
    of six thousand four hundred dollars
    ($6,400.00) within
    30 days of the date of this order.
    Such payment shall
    be made by certified check or money order payable to
    the Treasurer of the State of Illinois, designated to
    the Environmental Protection Trust Fund,
    and shall be
    sent by First Class mail to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    2200 Churchill Road
    P.O. Box 19276
    Springfield,
    IL 62794—9276
    The certified check or money order shall clearly
    indicate on its face, the Archer Daniels Midland
    Company’s Federal Employer Identification Number or
    Social Security Number and that payment is directed to
    the Environmental Protection Trust Fund.
    Any such penalty not paid within the time prescribed
    shall incur interest at the rate set forth in
    subsection
    (a) of Section 1003 of the Illinois Income
    Tax Act,
    (35 ILCS 5/1003), as now or hereafter amended,
    from the date payment is due until the date payment is
    received.
    Interest shall not accrue during the
    pendency of an appeal during which payment of the
    penalty has been stayed.
    3)
    The Archer Daniels Midland Company shall cease and
    desist from the alleged violations.
    IT IS SO ORDERED.
    ~
    Board Member J. Theodore Meyer concurred.
    Section 41 of the Environmental Protection Act
    (415 ILCS
    5/41) provides for the appeal of final Board orders within 35
    days of the date of service of this order.
    (See also 35 Ill.
    Adm. Code 101.246, Motion for Reconsideration.)
    3
    I, Dorothy M. Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certify that the abov
    opinion and order was
    adopted on the
    ~
    day of
    ____________________,
    1995 by a
    vote of
    ______
    Dorothy M.4unn, Clerk
    Illinois ~Sllution Control Board

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