ILLINOIS POLLUTION CONTROL BOARD
    February 3, 2000
    ARCHER DANIELS MIDLAND
    COMPANY and CITY OF DECATUR,
    Petitioners,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 00-131
    (Provisional Variance - Water)
    ORDER OF THE BOARD (by C.A. Manning):
    On February 1, 2000, the Illinois Environmental Protection Agency (Agency) filed a
    request for a provisional variance extension and notification of recommendation. The Agency
    recommends that the Board grant a 45-day extension of the provisional variance granted to
    Archer Daniels Midland (ADM) and the City of Decatur (City) by the Board’s order of
    December 16, 1999, in PCB 00-101. The provisional variance in PCB 00-101 allows ADM to
    pump groundwater to Lake Decatur to assist the City in maintaining a public water supply
    during a period of abnormally low rainfall. The Agency recommended that the Board grant the
    provisional variance to allow pumping of groundwater from four wells located on the east side
    of ADM’s Decatur East Complex into Fairies Creek. This groundwater would flow into Lake
    Decatur, which is the City’s primary water source.
    Under the Board’s order in PCB 00-101, the provisional variance would become
    effective when ADM began pumping and would continue for 45 days or until the Agency
    issued an National Pollutant Discharge Elimination System (NPDES) permit authorizing the
    discharges, or until sufficient rainfall occurred such that an adequate supply of water was
    available and the public water supply was no longer threatened, whichever occurred first.
    ADM began pumping on December 23, 1999, and the provisional variance therefore
    became effective on that date. ADM has pumped an average of approximately two million
    gallons per day into Lake Decatur. However, continued below normal precipitation has
    caused continued low water levels despite the efforts of ADM and the City to supplement the
    water flowing to Lake Decatur. To date, the Agency has not issued a National Pollutant
    Discharge Elimination System (NPDES) permit authorizing the discharges. In making its
    recommendation, the Agency states that failure to grant the requested provisional variance
    extension will result in an arbitrary or unreasonable hardship on ADM and the City.
    The Board grants ADM and the City an extension of the provisional variance from
    effluent discharge requirements set forth in 35 Ill. Adm. Code 304.141 and permit requirements
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    set forth in 309.102. The Board is required, in a provisional variance, to adopt a formal order,
    assure formal maintenance of the record, assure the enforceability of the variance, and provide
    notification of the action by press release. Pursuant to Section 35(b) of the Environmental
    Protection Act (Act) (415 ILCS 5/35(b) (1998)), the Board must issue the provisional variance
    within two days of the filing.
    The provisional variance is granted, subject to the following conditions:
    1.
    The provisional variance extension shall begin on February 7, 2000, and
    continue for 45 days or until the Agency issues an NPDES permit authorizing
    the discharges, or until sufficient rain has fallen such that an adequate supply of
    water is available and the public water supply is no longer threatened, whichever
    occurs first.
    2.
    During the provisional variance extension period, ADM shall sample each well
    that ADM is pumping from once per week for pH, total suspended solid, and
    total iron. In addition, continuous flow (MGD) shall be calculated using the
    capacity of each pump, and the duration of pumping at each well. ADM shall
    submit its sample results monthly to the Agency.
    3.
    During the provisional variance extension period, the City shall continue
    implementing its comprehensive water conservation plan.
    4.
    ADM shall notify Eliana Brown of the Agency’s Champaign regional office by
    telephone at 217/333-8361 when the groundwater pumping stops. Written
    confirmation shall be sent within five days to the following address:
    Illinois Environmental Protection Agency
    Attention: Mark T. Books
    Bureau of Water, Compliance Assurance Section
    1021 North Grand Avenue E.
    P.O. Box 19276
    Springfield, Illinois 62794-9276
    5.
    Within ten days of the date of this order, ADM and the City shall execute a
    certificate of acceptance and agreement which shall be sent to Mark T. Brooks at
    the address indicated above. The certification should take the following form:
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    CERTIFICATION
    We, _________________________________, hereby accept and
    agree to be bound by all terms and conditions of the order of the
    Pollution Control Board in PCB 00-131, dated February 3, 2000.
    ______________________________________
    Petitioner
    ______________________________________
    Authorized Agent
    ______________________________________
    Title
    ______________________________________
    Date
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1998)) provides for the
    appeal of final Board orders to the Illinois Appellate Court within 35 days of service of this
    order. Illinois Supreme Court Rule 335 establishes such filing requirements. See 172 Ill. 2d
    R. 335; see also 35 Ill. Adm. Code 101.246, Motions for Reconsideration.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above order was adopted on the 3rd day of February 2000 by a vote of 5-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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