ILLINOIS POLLUTION CONTROL BOARD

November

15,

1979

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY,

Complainant,

v.

)

PCB 78—300

ARCHER-DANIELS-MIDLAND COG,

a Delaware corporation,

Respondent.

MR. REED

W..

NEUMAN, ASSISTANT ATTORNEY GENERAL, APPEARED ON BEHALF OF

THE COMPLAINANT.

MR. RICHARD P. REISING, ATTORNEY AT LAW, APPEARED ON BEHALF OF THE

RESPONDENT.

OPINION AND ORDER OF THE BOARD

(by Mr. Werner):

This matter comes before the Board on the December

4,

1978

Complaint brought by the Illinois

Environmental Protection Agency

(“Agency”).

Count

I of the Complaint alleged that,

from July,

1978

until the date of filing of the Complaint, the Respondent’s grain

milling and refining plant

(“East Plant”) has discharged organic and

other wastes into sewers flowing to small

streams

flowing through

Faires Park in Decatur and on into Lake Decatur, causing an unnamed

stream tributary to Lake Decatur to be black in color and have bottom

mold growths, black sludge deposits and a septic odor in violation of

Rules

203(a)

and 402 of Chapter

3:

Water Pollution Control Regulations

(“Chapter 3”)

and Section 12(a) of the Illinois Environmental Protection

Act

(“Act”).

Counts II through VI alleged respectively that,

from July,

1978 until the date of filing the Complaint, discharges of effluents

from the East Plant into the unnamed stream tributary to Lake Decatur

have caused levels of phosphorus; dissolved oxygen;

color, odor and

turbidity; BOD5 and suspended solids; and fecal coliform that are in

violation of Rules 203(a), 203(c),

203(d), 401(c),

402, 403, 404(f)

and 405 of Chapter

3 and Section 12(a) of the Act.

Count VII alleged

that the Respondent allowed the discharges of contaminants into Illinois

waters without an NPDES Permit in violation of Rule 901 of Chapter

3 and

Section 12(f)

of the Act.

A hearing was held on September 10, 1979.

The parties filed a Stipulation and Proposal for Settlement on

October 15, 1979.

Archer-Daniels-Midland Company owns and operates a grain milling

and refining plant

(“East Plant”)

at 4666 Faries Parkway in Decatur,

Illinois which processes corn and soybeans.

The Respondent’s soybean

36—95

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oil refinery and corn sweetener plant both employ pretreatment systems

for process wastes.

However, on occasion,

spills at the plant have

caused contaminated process wastes to bypass the Respondent’s pretreat-

ment system.

(Stip.

3).

These fugitive

(i.e., spilled) wastes have

occasionally entered Faries Park Creek

(which

is

a tributary to Lake

Decatur that runs through, and adjacent to, the Respondent’s property).

On these occasions, the contaminated process wastes flowed into Lake

Decatur.

(Stip.

3).

Agency inspections over the past

2 years, prompted by complaints

from nearby residents and local officials concerning odors and other

unnatural conditions in the creek, have revealed discharges of con-

taminated process wastes into Faries Park Creek at

3 major discharge

points:

(1)

a large

(48” inner diameter) concrete storm sewer located

just north of the corn sweetener plant

(“Point Source B—i”);

(2)

a

12” tile located near a now-dismantled wooden cooling tower at the

soybean oil refinery

(“Point Source B-2”); and

(3)

an 18” tile located

just east of the Company’s corporate office parking lot

(“Point Source

B-4”),

The parties have stipulated that, on at least

3 occasions

prior to the filing of the Complaint,

improper discharges into Faries

Park Creek were positively traced to an origin on the Respondent’s

East Plant property.

(Stip.

4).

On July 10,

1978, in response to complaints about septic and odor-

ous conditions in Faries Park Creek from individuals using the Faries

Park facilities over the Fourth of July weekend, Agency inspectors

(accompanied by officials of the Decatur Park District and the Macon

County Health Department)

investigated the situation.

(Stip.

5).

Observations revealed that the stream was septic with black deposits

on the bottom, rising gas bubbles, foul odors,

and mold growths.

Water

samples taken near the Respondent’s discharge points indicated exces-

sive levels of phosphorus, BaD5 and suspended solids.

(Stip.

6).

On July 27, 1978, Agency employees conducted a follow-up inspection

in the East Plant area.

While some improvement in the condition of

Faries Park Creek was noted, water quality violations still existed.

(Stip.

7—8)

On August

8,

1978, the Agency conducted another inspection.

Near

Lake Decatur, the water quality of the stream was much improved.

How-

ever, while the north branch of Faries Park Creek appeared noticeably

improved,

the south branch of the creek was found to be badly polluted.

(Stip.

9).

The proposed settlement agreement provides that the Respondent

admits the allegations charged in the Complaint

(i.e., Counts

I through

VI inclusive;

the parties have requested that Count VII of the Complaint

be dismissed without prejudice)

and agrees to specified corrective

measures to eliminate all environmentally unacceptable discharges.

(Stip.

11-13).

The Company has indicated that the cost of compliance

will be approximately $100,000.00

.

(Stip.

13).

In evaluating this enforcement action and proposed settlement,

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the Board has taken into consideration all the facts and circumstances

in light of the specific criteria delineated in Section 33(c)

of the

Illinois Environmental Protection Act.

The Board finds the stipulated

agreement acceptable under Procedural Rule 331 and Section 33(c)

of

the Act.

The Board finds that the Respondent, Archer-Daniels-Midland

Company, has violated Rules 203(a),

203(c), 203(d),

401(c),

402,

403,

404(f)

and 405 of Chapter

3:

Water Pollution Control Regulations and

Section 12(a)

of the Act and orders the Respondent to cease and desist

from further violations within

45 days of the date of this Order.

Count VII of the Complaint is hereby dismissed without prejudice.

The

Respondent

is ordered to promptly submit an NPDES permit application

to the Agency and is directed to follow the compliance program set

forth in the Stipulation and Proposal for Settlement.

The stipulated

penalty of $5,000.00 is hereby assessed against the Respondent.

This Opinion constitutes the Board’s findings of fact and con-

clusions of law in this matter.

ORDER

It is the Order of the Illinois Pollution Control Board that:

1.

The Respondent, Archer-Daniels-Midland Company, has violated

Rules

203(a),

203(c), 203(d),

401(c),

402,

403, 404(f)

and 405 of

Chapter

3:

Water Pollution Control Regulations and Section 12(a)

of

the Illinois Environmental Protection Act.

2.

Count VII of the Complaint is hereby dismissed without prejudice.

3.

Within 45 days of the date of this Order, the Respondent shall:

(a)

cease and desist from further violations;

(b)

submit an NPDES permit application to the Agency.

4.

Within

45 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 $5,000.00 which is to be sent

to:

Illinois Environmental Protection Agency

Fiscal Services Division

2200 Churchill Road

Springfield, Illinois

62706

5.

The Respondent shall comply with all the terms and conditions

of the Stipulation and Proposal for Settlement filed October 15,

1979,

which

is incorporated by reference as

if fully set forth herein.

I,

Christan L. Moffett,

Clerk of the Illinois Pollution Control

Board, he eby certify that the above Opinion and Order were adopted on

the

/~

~day

of

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i

1979 by a vote of

4~Ø

Christan L. Moffett,~~rk

Illinois Pollution Control Board

36—97