ILLINOIS POLLUTION CONTROL BOARD
    April
    22,
    1993
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Complainant,
    v.
    )
    PCB 83—150
    (Enforcement)
    ARCHER DANIELS MIDLAND
    COMPANY,
    Respondent.
    INTERIM ORDER OF THE BOARD
    (by J.
    C. Marlin)
    This matter comes before the Board on an enforcement
    proceeding filed with the Board on October 11,
    1983.
    On August
    20,
    1987,
    the Board issued an order accepting the parties’
    Stipulation and Proposal for Settlement.
    The order was not a
    standard Board order
    in that
    it recognized that the parties had
    not reached agreement on all aspects of the settlement.
    Specifically, the order noted that at the time the order was
    issued,
    the Agency had not yet approved Archer’s compliance plan.
    The order went on to note that
    The settlement agreement
    is silent on what
    is to occur
    in the event the Agency disapproves of the proposed
    compliance plan.
    The Board assumes the intent of the
    agreement
    is that ADM will submit an approvable
    compliance plan,
    even if it requires more than one
    attempt.
    In the event that the parties cannot agree on
    a compliance plan,
    either party is free to request
    relief pursuant to Section 103.241
    of the Board’s
    procedural rules.
    80 PCB 306,
    at
    2.
    On March
    16,
    1993,
    the parties filed a Joint Motion for
    Modification of Final Order.
    The Board does not today address
    the substance of the motion for modification.
    Section 31 of the Environmental Protection Act
    (415 ILCS
    5/31
    (1992).) requires
    a hearing to be conducted where the Agency
    has issued a formal complaint
    in an enforcement proceeding.
    Pursuant to Section 31. (a) (2)
    of the Act, the parties may file
    with the Board a stipulation and proposal for settlement
    accompanied by a request for relief from the requirement of a
    hearing.
    The parties assert that a hearing is unnecessary
    in
    this matter,
    but have not formally requested relief from the
    hearing requirement.
    Any request for relief from the hearing
    requirement should be received by the Board on or before May 26,
    1993.
    O1t~
    I
    ..~j
    169
    IT IS SO ORDERED.
    I,
    Dorothy M. Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby certify that the above order was adopted on the
    ~~A-&day
    of _______________________,
    1993,
    by a vote of
    C
    .
    (I
    ~
    ~
    ~
    Dorothy M.
    inn,
    Clerk
    Illinois P~lution Control Board
    OIL~I-O
    170

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