ILLINOIS POLLUTION

CONTROL BOARD

August

11,

1994

PEOPLE OF ThE

STATE

OF

)

ILLINOIS,

)

)

Complainant,

)

)

v.

)

PCB 93-3

)

(Enforcement)

ARCHER

DANIELS

MIDLAND,

)

)

Respondent.

)

ORDER OF THE

BOARD

(by

C.A. Manning):

On

January

4,

1993,

Roland W. Burns,

Attorney General of the

State of Illinois,

on

behalf of the People of the

State of Illiois

and

the Illinois

Environmental

Protection Agency

filed a four-count complaint against Archer

Daniels Midland with

the Board. The complaint

alleges violation of Sections 9(a)

and

(b)

of the Illinois

Environmental

Protection Act

(415

ILCS

5/9(a)

and

5/9(b));

35

Iii.

Adm.

Code Sections 201.141,

201.142

and

212.123.

Pursuant

to our order of April

21,

1994,

the Attorney General filed a

status

report on

July

14,

1994.

In

their prior

status

report of April

14,

1994,

the parties requested at least 60

days in

which to

negotiate a

settlement

regarding the penalty

amount

and

the

specific terms

of

any

written agreement.

Consequently,

the parties

have initiated negotiations regarding the

penalty,

and

the State is

reviewing

all

of the relevant information necessary to

determine its

penalty

demand.

The State anticipates

that an additional

sixty

days will be

necessary to ascertain

whether agreement on

a penalty

amount

is possible.

Accordingly, the Board hereby accepts

the

July

14,

1994

status

report,

and

the parties

are

directed to

file an

additional

status

report

with

the Board

on or before October

13,

1994.

The parties

are

free to

file a

stipulated

settlement agreement

in

lieu

of a

status

report if one is

negotiated on

or before that date.

IT

IS

SO

ORDERED.

---

2

I, Dorothy M.

Gunn, Clerk of the Illinois Pollution

Control Board,

hereby

certify that

the above order

was

adopted on

the

/T~L’

day of

~

,

1993,

by a vote

of 60.

Dorothy M.

GunWClerk

Illinois Pollution’g~ontrolBoard