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 97-33
    (Enforcement - Air)
     
    ORDER OF THE BOARD (by G.T. Girard):
     
    On August 16, 1996, 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 Section 12(a) and (d) of the Environmental Protection Act (Act) (415
    ILCS 5/12(a)(b)(d) (2002)) and 35 Ill. Adm. Code 306.102(b), 620.115, 620.405, 620.410(b).
    The People further allege that Archer Daniels violated these provisions by polluting the water,
    creating a water pollution hazard, violating spill prevention requirements, and violating
    groundwater quality standards. The complaint concerns Archer Daniel’s bulk storage facility
    located on Edmund Street, Peoria, Peoria 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 neither admits nor denies the alleged violations and agrees to pay a
    civil penalty of $80,000.
     
    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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