ILL:NOIS

POLLUTION

CONTROL

BOARD

March

3,

1971

ENVIRONMENTAL

PROTECTION

AGENCY

)

)

)

v.

)

#70—16

)

)

ALLIED

MILLS,

INC.

)

Opinion of the

Board

(by Mr. Carrie):

The Environmental Protection Agency tIled its complaint

September 30,

1.970, seeking penalties and a cease and desist

order against pollution of an unnamed tributary of the South

Fork Sangamon River

trorn the company’s Taylorville plant,

which processes soybeans.

We scheduled a hearing, which was

cancelled when the parties submitted a proposed consent

order in which the company conceded liability for a one—shot

spillage of soybean oil wastes through a bypass in the waste

treatment system, agreed to pay $2,000 as a penalty, and

promised to file a petition for variance covering its entire

wastewater system.

The parties appeared at our February

3

meeting to explain

their settlement agreement, pursuant tothe hearing officer’s

request and in accordance with our Procedural Rule

333,

which

requires a statement of reasons for any settlement and requires

Board

approval

of

the

agreement.

At

that

meeting

it became

clear

that the bypass responsible for the spill was still in

existence and therefore that there was a continuing threat of

pollution.

Board members therefore requested the parties to

amend

their

agreement

by

including

a

provision

forbidding

future

discharges

through

the

bypass.

We

have

since

received

the modified agreement, which incorporates the Board’s re-

quested provision, and we hereby adopt the settlement agreement

as the order of the Board.

CONSENT ORDER

Petitioner,

Environnental

Protection

Agency,

and

Respondent,

Allied

Mills, Inc., stipulate and agree to the following conditions

of

settlement

to

be

approved

by

the

Pollution

Control

Board,

to—wit:

i-as

---

1.

That on or about August

2,

1970, Allied Mills,

Inc.

discharged polluted

effluent

into the waters

of an unnamed

tributary

to

the

South

Fork

Sangamon

River

in

Christian

County,

Illinois,

in

violation

of

Section

12(a)

of

the

Environmental

Protection Act and Regulation

SWB—l4

of

the

Illinois

Canitary

Water

Board.

2.

That,

on

or

before

February

3,

1971,

AllIed

hills,

Inc.

shall

pay

to

the

Environmental

Protection

Apenc:z

the

sun

of two

thousand

dollars

($2,000.

00)

as

a psnialty

tor these

violations

3.

That,

on

or before February

7,

1971,

Allied

71f ils

Inc.

shall

file

with

the

Pollution

Control

Bcaod

a

Petition

for

Variance

in

accorda

~

ito

~

iFs

s~

~nsLn~J

Protection

Act,

which

Petition

shall cover the

rater

pollution

control

facilities

at

Respondent

haylorville,

Illinois

plant.

0.

Allied

Ellls,

Inc.

covenants

and

agrees

to

cease

and

desist

bypassing

waters

from

the storm

water

collection

pond

located

on

its

orenises

to the unnamed

tributary

of the

South

Fork

Sangamon River

in

Christian

County,

Illinois.

I,

Regina

S.

Ryan,

Clera

of

the

Board,

certify

that

,the

Pollution

~ntro~Boa~d_adopted

the abo

pini

and

Order

this

C~~L

I ç~ncur’

-

I

StISSeflt:

/7

1

—

266