ILLINOIS POLLUTION CONTROL BOARD

August

11,

1994

ILLINOIS ENVIRONMENTAL PROTECTION

AGENCY,

Complainant,

V.

)

PCB 83—150

(Enforcement)

)

ARCHER DANIELS MIDLAND,

)

)

Respondent.

ORDER OF THE BOARD

(by C.

A. Manning):

This matter comes before the Board on a “Joint Motion for

Modification” filed on April 29,

1994 by the Archer Daniels

Midland Company

(“ADM”)

pursuant to 35 Ill. Adm. Code

103.241(b)(1).

ADM and the complainant, the Illinois

Enviornmental Protection Agency (“Agency”), request the Board to

modify its June 23,

1993 order and opinion.

The proceeding was

originally before the Board on a complaint alleging that ADM 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. On March 16,

1993, the parties filed a Joint

Motion for Modification of Final Order.

The Board granted that

motion and issued an order on June 23,

1993 modifying the August

20,

1987 order.

In response to the April

29 motion,

by order of May 19,

1994

the Board directed the matter to hearing pursuant to Section 31

of the Act.

On May 31,

1994,

the parties filed a motion for

reconsideration of the May 19 order,

as well as a joint motion

for relief from the Section 31 hearing requirement pursuant to

415 ILCS 5/31(a)(2).

The Board denied the motion to reconsider

on June 23,

but reserved ruling on the motion for relief pending

publication of notice of the waiver and proposed modification.

The Board published a notice of the waiver on

July 11,

1994; no objection to grant of the waiver was received.

Waiver of hearing is hereby granted.

---

2

BACKGROUND

This matter was originally before the Board upon a

seven-count complaint filed by the Agency on October

3,

1983.

The complaint alleged that ADM violated Section 12(a)

and 12(f)

of the Act and certain Board regulations.

ADM owns and operates

a facility located at 4666 Farries Parkway in Decatur,

Illinois.

The facility, commonly referred to as the “East Plant”,

consists

of a soybean refinery,

a corn sweetener plant,

a grain milling

and alcohol refinery plant, and associated buildings and

transportation network.

ADM’s NPDES permit authorized it to

discharge effluent at four discharge points.

There are two

discharge points into the north branch of Farries Park Creek,

one

discharge point is into Lake Decatur,

and the last discharge

point is into the south branch of Farries Park Creek.

The complaint alleged that ADM’s discharged effluent was

above the limitations set forth in its NPDES permit and Board

regulations, that it failed to submit Discharge Monitoring

Reports,

failed to notify the Agency of the exceedences, and that

its discharge contained setteable solids,

floating debris,

visible solids, obvious color, odor and/or turbidity.

The

parties filed a signed Stipulation and Proposal for Settlement on

Agust

5,

1987.

The proposed settlement agreement accepted by the

Board provided that ADM agreed would pay a $10,000 civil penalty

and develop and implement a compliance plan to cure the

violations.

THE REQUESTED MODIFICATION

Pursuant to the Board’s June 3,

1993 order modifying the

settlement agreement, ADM is required to place

its proposed

capture and treatment system into operation by July

1,

1994.

ADM

states that due to the unusually heavy rains during last summer

and fall

in the Decatur area,

and due to the resultant high water

table,

construction of the proposed system, which had commenced

in August, became impracticable since all major components of the

system entail excavation.

As a result, ADM argues that it cannot

meet the deadline of July 1,

1994.

ADM states that it has

requested a permit modification from the Agency to reflect a

completion date of October

1,

1994.

The Agency appropriately

takes the position that due to the Board’s June 3,

1993 order it

has no authority to alter the completion date of July

1,

1994 as

established

in the NPDES permit issued on January 25,

1994.

The parties request that the Board modify its June

3,

1993

order by modifying Condition 2(a)

of the settlement agreement.

This currently reads:

2.

Archer Daniels Midland shall:

a)

construct the capture and treatment system agreed to

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3

pursuant to the schedule set forth in ADM’s renewed

NPDES permit issued on January 25,

1993.

The parties request that the Board add the following

language:

or as that schedule may be extended by the Agency

through issuance of an NPDES permit modification

following a demonstration by ADN that an extension is

justified on the basis of acts or circumstances,

including adverse weather and groundwater conditions,

which are beyond the control of ADM.

The Board finds the requested modification to the settlement

agreement acceptable pursuant to 35 Ill. Adm. Code 103.180.

This

modification to the 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.

IT IS SO ORDERED.

Section 41 of the Environmental Protection Act,

(415 ILCS

5/41

(1192), 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 M. Gunn,

Clerk of the Illinois Pollution Control

Boa~~.hereby cert,i~fythat the above order was adopte~on the

//~1~

day of

~&~/-~-i--~

,

1994, by a vote of

~

Dorothy M.

Illinois P0.

Control Board