ILLINOIS POLLUTION CONTROL BOARD

July 7, 1977

ENVIRONMENTAL PROTECTION AGENCY,

Complainant,

v.

)

PCB 77—157

DECATUR SANITARY DISTRICT, A. E. STALEY

MANUFACTURING CO., and ARCHER-DANIELS-

MIDLAND CO.,

Respondents.

DISSENTING OPINION (by Mr. Young):

On July 7, 1977, the Board denied by a vote of 4-1, a

Motion by Respondent Archer-Daniels-Midland Company (A-D-M)

to Dismiss Count II of the Complaint.

Count II alleges that the Respondent A-D-M discharged

organic wastes to the sewers in such quantities and of such

nature to cause the Decatur Sanitary District sewage treatment

facility to become overloaded and caused a violation of the

District’s effluent limitations and caused or contributed to

the presence of operational odors in violation of Rule 701(a)

of Chapter 3.

In the Board Opinion of March 7, 1972 (3 PCB 755), which

was the adopting Opinion in R70-8, R71-l4, and R71-20, the Board

at 3 PCB 775 made the following comment:

“Part VII contains minimum limits on discharges

to sewers, designed to protect treatment works aqainst

hd rm tihat

mi

qht cause viola Lion ol ci 1iuenL or waLer

quality standards. We have added language suggested

by Dr. Pipes to protect against hazards to sewage plant

personnel and against discharge of materials that will

go through the plant without treatment and cause

effluent violations.”

This statement and the transcript

of the hearings which led to

the adoption of Rule 701 establish without doubt the intent

of the Board in promulgating Rule 701(a).

The allegations

of

Count II of the Complaint would not

constitute a violation of

701(a)

even

if

proven because the material allegedly discharged

to the sewer clearly falls outside of that Rule.

---

—2—

The Motion to Dismiss by Respondent A-D-M should be

granted.

J~es L. Young

4~4

I, Chtistan L. Moffett, Clerk of the Illinois Pollution

Control Board, hereby certify the above Dissenting Opinion

was submitted to me on the

/.~Y~’day

of July, 1977.

cAL~

Christan L. M ff

~4I~

Clerk

Illinois Pollutio ontrol Board