ILLINOIS POLLUTION CONTROL BOARD

January 20,

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

(“Agency”)

filed

a four-count complaint against Archer Daniels Midland (“ADM”). The

complaint

alleges

violations

of

Sections

9(a)

and

(b)

of

the

Illinois Environmental Protection Act (415 ILCS 5/9(a) and 5/9(b),

and 35 Ill. Adm. Code Sections 201.141, 201.142 and 212.123.

Pursuant to our order of December 16, 1993, the parties filed

a joint status report on January

13,

1994.

We indicated in our

December 16th order that no hearing had been held in this matter

and we were interested in the status of any on-going negotiations,

whether the parties anticipate reaching settlement and if possible,

a projected timeline for completion of settlement.

In response,

the parties jointly represent ADM submitted a

construction

permit

application

to

the

Agency

and

the

Agency

proposed to grant the permit on December

29,

1993, with a public

comment period ending

on February

12,

1994.

The parties

state

they believe the issuance of a final

permit

will

significantly

aid

settlement

of this case and that settlement discussions

are on-

going.

We hereby accept the status report and direct the parties to

file an additional status report on or before April 14,

1994.

IT IS SO ORDERED.

---

2

I, Dorothy N.

Gunn,

Clerk of the Illinois Pollution Control

Board, hereby cert:

‘t the above order was adopted on the

~trZZ

day

1994,

by a vote of

7-&.

~Dorothy

N. ~unn,

Clerk

Illinois Pd)dution Control Board