ILLINOIS POLLUTION CONTROL BOARD

November 8, 1984

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

)

)

Complainant,

)

PCB 80—151

ARCHER DANIELS MIDLAND, a

)

Delaware Corporation,

)

Respondent.

ORDER OF THE BOARD (by J. D. Dumelle):

This matter comes before the Board upon an October 21, 1984,

motion filed on behalf of the Illinois Environmental Protection

Agency (Agency) requesting that the Board’s March 24, 1983,

Order in this matter be revised to reflect the time that the

Order was stayed during appellate review (March 24, 1983 through

April 26, 1984), The Agency also requests the Board to establish

a briefing schedule regarding the penalty issue which was

remanded to the Board, No response has been filed by Archer

Daniels Midland (ADM),

The Agency’s motion is granted. Conditions (2) and (3) of

the Board~sMarch 24, 1983 Order in this matter are hereby

replaced by the following conditions:

2. ADM shall submit a compliance plan

acceptable to the Agency to remedy these

violations on or before January 3, 1985.

3. ADM shall complete construction and

commence operation of the facilities de-

scribed in its compliance plan and shall

cease and desist from the violations noted

in paragraph 1 above by January 4, 1986.

Condition ~ is hereby deleted and the following briefing schedule

is hereby ordered:

The Agency shall submit a brief in support

of its position relative to the issue

of penalty by December 7, 1984; ADM shall

file its Reply Brief by January 7, 1984;

and the Agency shall file its Rebuttal

Brief by January 22, 1984.

61-05

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2

IT IS SO ORDERED,

I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control

Board, hereby certify that

the above Order was adopted on the

___

day of

__________________,

1984 by a vote of

/I~

-~

Dorothy M. ~nn,

Clerk

Illinois Pollution Control Board