ILLINOIS POLLUTION CONTROL BOARD
    June 19, 2003
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    ARCHER DANIELS MIDLAND COMPANY,
    a Delaware corporation,
     
    Respondent.
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    PCB 95-180
    (Enforcement - Air)
     
    ORDER OF THE BOARD (by G.T. Girard):
     
    On June 22, 1995, the Office of the Attorney General, on behalf of the People of the State
    of Illinois (People), filed a complaint against Archer Daniels Midland Company (Archer
    Daniels).
    See
    415 ILCS 5/31(c)(1) (2002); 35 Ill. Adm. Code 103.204. The People allege that
    Archer Daniels violated Sections 9(a), (b) and 9.1(d) of the Environmental Protection Act (Act)
    (415 ILCS 5/4 (2002)) and 35 Ill. Adm. Code 201.142 and 201.143. The People further allege
    that Archer Daniels violated these provisions by constructing and operating a plant without a
    permit, and violating performance and emission standards. The complaint concerns Archer
    Daniel’s complex and physical plant in Decatur, Macon County.
     
    On June 9, 2003, the People and Archer Daniels filed a stipulation and proposed
    settlement, accompanied by a request for relief from the hearing requirement of Section 31(c)(1)
    of the Act (415 ILCS 5/31(c)(1) (2002)). This filing is authorized by Section 31(c)(2) of the Act
    (415 ILCS 5/31(c)(2) (2002)).
    See
    35 Ill. Adm. Code 103.300(a). Under the proposed
    stipulation, Archer Daniels denies the alleged violations and agrees to pay a civil penalty of
    $160,000.
     
    Unless the Board determines that a hearing is needed, the Board must cause notice of the
    stipulation, proposed settlement, and request for relief from the hearing requirement. Any person
    may file a written demand for hearing within 21 days after receiving the notice. If anyone timely
    files a written demand for hearing, the Board will deny the parties’ request for relief and hold a
    hearing. 415 ILCS 5/31(c)(2) (2002); 35 Ill. Adm. Code 103.300(b), (c). The Board directs the
    Clerk of the Board to provide the required notice.
     
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    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on June 19, 2003, by a vote of 6-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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