ILLINOIS POLLUTION CONTROL BOARD
October 8,
1981
CARGILL, INC.,
Petitioner,
v.
)
PCB
81—37
ILLINOIS ENVIRONMENTAL PROTECTION
)
AGENCY,
)
Respondent.
INTERIM ORDER OF THE BOARD
(by J.D.
Dumelle):
This matter comes before the Board upon a March
5,
1981
petition for review filed by Cargill, Inc. concerning certain
conditions of its NPDES Permit No.
IL 0051977 issued by the
Illinois Environmental Protection Agency (Agency) on February
6,
1981,
for Cargill~sCarpentersville plant.
Hearing was held
on June 11,
1981.
Cargill filed its brief with the Board
on
July 23,
1981, and the Agency filed its brief on August 26,
1981.
The Cargill Carpentersville plant is a chemical plant
which manufactures synthetic alkyd and polyester resins.
The
plant has no process waste discharge, but does have a storm
water collection and spill control system for which the
contested NPDES permit was issued.
The issue of whether
an NPDES permit is required for such
a system was not directly raised at hearing or in bhe briefs.
The Board is troubled by this.
The Board, therefore, orders
that within 45 days
of the date of this Order, both parties
submit briefs to the Board on the following issues:
1.
How should the Cargill system be characterized consider-
ing its dual functions of storm water collection
and spill containment:
i.e.
is it a storm water run-
off system or a treatment works;
2.
Is an NPDES permit required for the Cargill facility;
and
3.
If not, can the Agency grant a permit when a permit
is not required and,
if so, does it have the power
to enforce based upon a
“voluntary’s permit?
IT IS SO ORDERED.
43—455
—2—
I, Christan L. Moffett,
Clerk of the Illinois Pollution
Control Board, hereby certify that the above Interim Order
was adopte~1on
the
~~‘-
day of
________________,
1981
by
a
vote
of~--(J
:ontrol Board
43—4
56