ILLINOIS POLLUTION CONTROL BOARD

October 8,

1981

CARGILL, INC.,

Petitioner,

v.

)

PCB

81—37

ILLINOIS ENVIRONMENTAL PROTECTION

)

AGENCY,

)

Respondent.

INTERIM ORDER OF THE BOARD

(by J.D.

Dumelle):

This matter comes before the Board upon a March

5,

1981

petition for review filed by Cargill, Inc. concerning certain

conditions of its NPDES Permit No.

IL 0051977 issued by the

Illinois Environmental Protection Agency (Agency) on February

6,

1981,

for Cargill~sCarpentersville plant.

Hearing was held

on June 11,

1981.

Cargill filed its brief with the Board

on

July 23,

1981, and the Agency filed its brief on August 26,

1981.

The Cargill Carpentersville plant is a chemical plant

which manufactures synthetic alkyd and polyester resins.

The

plant has no process waste discharge, but does have a storm

water collection and spill control system for which the

contested NPDES permit was issued.

The issue of whether

an NPDES permit is required for such

a system was not directly raised at hearing or in bhe briefs.

The Board is troubled by this.

The Board, therefore, orders

that within 45 days

of the date of this Order, both parties

submit briefs to the Board on the following issues:

1.

How should the Cargill system be characterized consider-

ing its dual functions of storm water collection

and spill containment:

i.e.

is it a storm water run-

off system or a treatment works;

2.

Is an NPDES permit required for the Cargill facility;

and

3.

If not, can the Agency grant a permit when a permit

is not required and,

if so, does it have the power

to enforce based upon a

“voluntary’s permit?

IT IS SO ORDERED.

43—455

---

—2—

I, Christan L. Moffett,

Clerk of the Illinois Pollution

Control Board, hereby certify that the above Interim Order

was adopte~1on

the

~~‘-

day of

________________,

1981

by

a

vote

of~--(J

:ontrol Board

43—4