ILLINOIS POLLUTION CONTROL BOARD
    June 3,
    1993
    ILLINOIS ENVIRONMENTAL PROTECTION
    )
    AGENCY,
    )
    Complainant,
    V.
    )
    PCB 83—150
    (Enforcement)
    )
    ARCHER DANIELS MIDLAND,
    )
    )
    Respondent.
    OPINION
    AND
    ORDER OF THE BOARD
    (by C.
    A. Manning):
    This matter comes before the Board on a complaint filed on
    October
    11,
    1983.
    The complaint alleged that Archer Daniels
    Midland of Decatur, Macon County,
    Illinois, violated Sections
    12(a)
    and 12(f)
    of the Environmental Protection Act (“Act”),
    415
    ILCS 5/12
    (1992),
    as well as various sections of the Board’s
    water pollution control regulations.
    On August 20,
    1987, the
    Board issued an Order accepting the parties’ stipulation and
    proposal for settlement.
    The Order recognized that the parties
    had not reached an agreement on all aspects of the settlement.
    On March
    16,
    1993,
    the parties filed a Joint Motion for
    Modification of Final Order.
    The motion sets forth facts
    pertaining to the nature, operations, and circumstances
    surrounding the modification of the compliance plan.
    Pursuant to Section 31(a) (1)
    of the Act, a joint Motion
    requesting relief from the Act’s hearing requirement was filed
    by
    the parties on April
    29,
    1993.
    Notice of the waiver was
    published by the Board on May 5,
    1993;
    no objection to grant of
    the waiver was received.
    Waiver of hearing is granted by the
    Board via today’s opinion and order.
    The Board finds the Modification of the Settlement Agreement
    acceptable under
    35
    Ill.
    Adin.
    Code 103.180.
    This Modified
    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.
    0
    L~.3-0OO
    I
    ORDER
    1)
    The Board hereby accepts the Modification to
    Stipulation and Settlement Agreement executed by the
    People of the State of Illinois and Archer Daniels
    Midland, concerning violation of Section 12(a) and
    12(f)
    of the Illinois Environmental Protection Act
    (“Act”),
    415 ILCS 5/12
    (1992), by Archer Daniels
    Midland, doing business
    in Decatur, Macon County,
    Illinois.
    The Stipulation and Settlement
    Agreement
    and the modifications thereof are incorporated by
    reference as though fully set forth herein.
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act,
    (415 ILCS
    5/41
    (1992), provides for appeal of final orders of the Board
    within 35 days.
    The Rules of the Supreme Court of Illinois
    establish filing requirements.
    (See also 35 Ill. Adm. Code
    101.246, Motion for Reconsideration).
    I, Dorothy N. Gunn,
    Clerk of the Illinois Pollution Control
    Board,
    hereby certify that the abov
    opinion and order was
    adopted on the
    ~
    day of
    __________________,
    1993, by a
    vote of
    (~‘~
    .
    Dorothy M. G4’n,
    Clerk
    Illinois Po~utionControl Board
    01 ~33UOO2

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