ILLTr~ISPOLLUTION CONTROL BOARD
September
3,
1981
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
Complainant,
V.
)
PCB 80—113
ARCHER—DANIELS
MIDLAND CORPORATION,
)
a Delaware Corporation,
)
Respondent.
MARY JO MURRAY, ASSISTANT ATTORNEY GENERAL, APPEARED ON BEHALF
OF
THE COMPLAINANT.
RIC~4ARD P. REISING, CORPORATE COUNSEL, APPEARED ON BEHALF OF THE
RESPONDENT,
OPINION AND ORDER OF THE BOARD
(by N,E,Werner):
This matter comes before the Board on the
June
2,
1980 Complaint
brought by the Illinois
Environmental
Protection Agency (“Agency”).
Count
I of
the Complaint alleged that,
from
March 24,
1978 until
June
2,
1980,
the
Respondent, Archer—Daniels
Midland Corporation
(the
“Company”), operated
its grain elevator
terminal
(the
“facility”
or the “terminal”) which
is located on North
River
Road in Morris,
Grundy County,
Illinois in such a
manner
as
to:
(1)
let grain and
dust accumulate;
(2)
permit “visible
quantities of dust and dirt to
escape into the
atmosphere from the headhouse and
from the baghouse
controlling the pump
pit”; and
(3) allow “the yards and
driveways at
the facility to be used without asphalting, oiling or equivalently
treating such yards and driveways
to control dust” in
violation of
Rule 203(d)(9)(A)
of Chapter
2:
Air Pollution
Control Regulations
(“Chapter 2”) and Section
9(a) of the Illinois Environmental
Protection Act
(“Act”).
Count II alleged
that, from April
30,
1977 until June
2,
1980,
the Respondent
operated the “grain elevator
terminal’s watercraft
loading
spouts,
an existing emission source,
without first obtaining
an operating permit from the Agency”
in
violation of Rule
103(h) (2)
of Chapter
2
and Section
9(b)
of the
Act.
43—263
—2—
Count III alleged that, from March
24,
1978 until ~iune2, 19~0,
the Company’s facility
generated
“uncontrolled
particulate emissions
during watercraft loading” in violation of Rule 203(d)(9)(B)(iv)(C)(1)
of Chapter
2 and Section 9(a)
of the Act,
A hearing was held on June 25,
1981 at which the parties
suhmittc~d
an unsigned copy of the Stipulation and Proposal for Settlement
(“Stipulation”).
The parties filed an executed copy of this
Stipulation on July 30,
1981 which was substantially identical to
the initially submitted unsigned copy of the Stipulation.
The parties have stipulated that, on March
24,
1978, July
18,
1978, April
17,
1979, September 5,
1979, November 21,
1979 and some
other occasions,
the Company has improperly:
(1) permitted grain
and dust to accumulate; and
(2) allowed “visible quantities of dust
and dirt to escape into the atmosphere from the headhouse and from
the baghouse controlling the pump pit” in violation of Rule 203(d)(8)(A)
of Chapter
2 and Section 9(a) of the Act.
(Stip.
2),
It is also stipulated that, at various times
since March
27,
1978,
the Company has “allowed the yards and driveways at the facility
to
be used without asphalting, oiling or equivalently treating such
yards and driveways to control dust”
in violation of Rule 203(d)(8)(A)
and Section 9(a)
of the Act.
(Stip.
2),
Moreover,
the parties have agreed that,
from April
30,
1977
until June
2,
1980,
the Company has allowed the operation of the
terminal’s watercraft loading spouts “without first obtaining an
operating permit from the Agency” in violation of Rules 103(b)(2);
203(d)(8)(B); and 203(d)(8)(J)(i)
of Chapter
2 and Section 9(a)
of
the
Act.
(Stip.
2),
Additionally, the parties have indicated that, on March 24,
1978,
July 18,
1978,
and September
5,
1979, the Company’s terminal generated
“uncontrolled particulate emissions during watercraft loading” in
violation of Rule 203(d)(8)(B)(iv)(C)(1)
of Chapter
2 and Section 9(a)
of the Act,
(Stip.
3).
The proposed settlement agreement provides that the Company will
implement seven “housekeeping measures” which
include:
(1) controlling
dust by asphalting, oiling or similarly treating the yards and
driveways;
(2)
inspecting and maintaining dust control eqiipment,
baghouse ducts,
and conveyors on
.i
daily basis
“to provide adequate
draft at all pick up points”;
(3)
installing a refuse boa. “for
handling spilled grain” and maintaining an “up—to—date ho~sekeeping
checklist..,on a weekly basis”;
~(5)properly maintainin~~the screens
on the dryer house so that
“tears and holes which allow dr~stto
escape will be repaired”;
(6) cleaning up “accumulations of grain
and/or dust from conveyors, transfer points, dump pit ar~as, or
wherever they occur...on a daily basis”;
and
(7)
cleaniriy and
maintaining the headhouse so that dust doesn’t escape into
the
atmosphere.
(Stip.
4;
R.
5—6).
43—264
—3—
Additionally, the Company has agreed to pay a stipulated penalty
of $2,000.00
In evaluating this enforcement action and proposed settlement.
agreement,
the Board has taken into consideration all the facts and
circumstances in light of the specific criteria delineated in
Section 33(c) of the Act,
The Board finds the settlement agreement
acceptable under Procedural Rule 331 and Section 33(c)
of the Act.
Accordingly, the Board finds that the Respondent,
the Archer-
Daniels Midland Corporation,
has violated Rules
103(b)(2),
203(d)(3)(~),
203(d)(8)(B), 203(d)(8)(B)(iv)(C)(1),
and 203(d)(8)(J)(i)
of Chapt’~r2
and Section 9(a)
of the Illinois Environmental Protection Act.
The
sti7ulated penalty of $2,000.00 will be assessed against the Respondent.
This Opinion constitutes the Board’s findings of fact and
conclusions of law in this matter.
ORDER
It is the Order of the Illinois Pollution Control
3oard that:
1.
The Respondent, the Archer-Daniels Midland Corporation,
has violated Rules 103(b)(2),
203(d)(8)(A), 203(d)(8)(B),
203(d)(8)(B)(iv)(C)(1), and 203(d)(8)(J)(i)
of Chapter
2:
Air
Pollution Control Regulations and Section 9(a)
of the Illinois
Environmental Protection Act.
2.
Within 35 days of the date of this Order,
the Respondent
shall, by certified check or money order payable to the State of
Illinois,
pay the stipulated penalty of $2,000.00 which is to
be
sent to:
Illinois Environmental Protection Agency
Fiscal Services Division
2200 Churchill Road
Springfield, Illinois
62706
3.
The Re~:~entshall comply with all the terms and
conñi~ionic~
of the Stipulat~b~
and Proposal for Settlement
riled on July
30, l~i,
which is incorp~~á~ëd
by reference as if fully set forth herein.
Mr. Goodmai1~stains.
I, Christan$~.Moffett, Clerk of the Illinois Pollution Control
Board, her~pce*~tifythat the above Opinion and Order were adopbe~
on the
~
d~ of
_____________,
1981 by a vote of
___
/
Christan L. Moffét,~,/Clerk
Illinois Pollution~i~introlBoard
43—26 5