ILLINOIS POLLUTION CONTROL BOARD
    July 21, 1982
    CARGILL, INC.,
    Petitioner,
    v.
    )
    PCB 81—37
    ILLINOIS
    ENVIRONMENTAL
    )
    PROTECTION AGENCY,
    )
    Respondent.
    DISSENTING OPINION
    (by D. Anderson):
    The Board’s Opinion and Order of May 27,
    1982 based the
    determination as to whether an NPDES permit is required of
    this discharge on the physical configuration of the system
    rather than the properties of the effluent:
    a process discharge
    is required to have a permit, but not a stormwater discharge.
    The Agency’s motion does not accept this distinction.
    It
    continues to argue that a permit is required on the basis of
    contaminants appearing in the discharge.
    The Opinion of May 27,
    1982 contains legalistic arguments,
    but ignores the common sense aspect.
    In the first place,
    stormwater discharges generally contain contaminants in excess
    of the effluent standards set by Part IV (Part 304).
    In the
    second place, process discharges which meet the effluent stand-
    ards must nonetheless have
    a permit.
    If the Agency’s argument
    were accepted, that the presence of contaminants determines
    the permit requirement,
    then all storm sewers would be brought
    into the permit system, and process and municipal discharges
    with well-operated treatment works could surrender their permits.
    This would clearly be contrary to the intent of the permit
    system to regulate even well-operated treatment works and to
    exempt uncontrollable non-point source discharges.
    The decision in this case turned on the lack of information
    connecting the discharge to the manufacturing process.
    For
    example, if the plant grounds were shown to be contaminated
    with fall-out from process sources, and that this was the source
    of the contaminants in the stormwater, then a permit would have
    been necessary.
    I would schedule a hearing to allow the parties
    to present evidence on whether the discharge is process or storm—
    water.
    Donald B. ~Anderson, Board Member
    47-131
    —2—
    I, Christan L. Moffett, Clerk of the Illinois Pollution
    Control Board, do hereby certify that the above Dissenting
    Opinion was filed on the
    ~b#’-day
    of
    ~
    ,
    1982.
    Christan L. MoffetU.,
    \q1~er
    Illinois Pollution ~i~?rol
    Board
    47-132

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