L~
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
)
Bonita and Richard Saxbury,
)
Complainants,
)
)
RECEIVED
C1.~F.RK’SOFFICE
DEC 2 ~ 2003
PCB 04-79
STATE OF ILLINOIS
(Citizens Enforcement
—
Noise
.
~ol!utionControl Board
NOTICE OF FILING
To:
Bonita and Richard Saxbury
P.O. #3
260 W. Miller
Hull, IL 62343
Dorothy M. Gunn
Illinois Pollution Control Board
James R. Thompson Center
100 W. Randolph Street
Suite 11-500
Chicago, IL 60601
PLEASE TAKE NOTICE that I have today filed with the Office ofthe Clerk ofthe
Pollution Control Board the APPEARANCE and ANSWER OF ARCHER DANIELS
MIDLAND COMPANY, a copy ofwhich is herewith served upon you.
Lee R.
nningham
December 23, 2003
Lee R. Cunningham
Archer Daniels Midland Company
4666 Faries Parkway
Decatur, IL
62526
(217)451-4883
v.
)
)
Archer Daniels Midland Company
)
(Hull Elevator),
)
Respondent.
)
#25852
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
CLERK’SC?/~DOFFICE
Bonita and Richard Saxbury,
)
DEC 2 ~32003
Complainants,
)
Pollutjo,~STATE.
OFControlILLINOIS~oard
v.
)
PCB04-79
)
(Citizens Enforcement
—
Noise)
Archer Daniels Midland Company
)
(Hull Elevator),
)
Respondent.
)
APPEARANCE
I hereby file my appearance in this proceeding, on behalf ofArcher Daniels
Midland Company.
Lee R. Cunningham
Corporate Environmental Counsel
Archer Daniels Midland Company
4666 Faries Parkway, P.O. Box 1470
Decatur, IL
62526
Telephone Number: 217-451-4883
Fax Number: 217-451-4181
Email Address: Cunningham(~admworld.com
RECEIVED
BEFORE THE ILLiNOIS POLLUTION CONTROL BOARD CLERK’S OFFICE
)
DEC2~2003
Bonita and Richard Saxbury,
)
STATE OF ILLINOIS
Complainants,
)
Pollution Control Board
v.
)
PCB04-79
)
(Citizens Enforcement
—
Noise)
Archer Daniels Midland Company
)
(Hull Elevator),
)
Respondent.
)
ANSWER OF ARCHER DANIELS MIDLAND COMPANY
The Respondent in this matter, Archer Daniels Midland Company (ADM),
through its attorney, Lee R. Cunningham, hereby answers the Complaint in this matter
which was filed on or about November 4, 2003, as follows:
1. ADM admits that this Complaint was filed by Bonita and Richard Saxbury at
P.O. #3 —260 W. Miller Street 62343; Phone: 217-432-5738.
2. ADM admits that the Complainants can be contacted during normal business
hours at that address.
3. ADM admits that its address is
4666
Faries Parkway, P.O. Box 1470, Decatur,
IL
62526,
but in so admitting, notes that Complainants failed to include the
P.O. Box number in their complaint.
4. ADM admits that the Complainants allege that a grain elevator is causing or
allowing pollution, but denies that ADM is causing or allowing noise
pollution at the grain elevator it owns and operates in Hull, Illinois.
5.
ADM admits that Complainants allege violations of Section 24 ofthe Illinois
Environmental Protection Act (415 ILCS
5/1, et seq.)
and 35 Ill. Adm. Code
900.102, but denies that ADM committed such violations.
6. ADM admits that sounds, some ofwhich may be high pitched at times, are
caused by its operation ofthe Hull elevator, but denies that such sounds are
loud, shrill or constant and further denies that such sounds constitute noise
pollution.
7. ADM admits that certain pieces ofmachinery at the elevator cause sounds
when operated, but denies that such sounds constitute noise pollution.
8. ADM does not have sufficient knowledge to state what, if any, impact the
sounds caused by its operations have had on Complainants, but ADM denies
that the sounds caused by its operation ofthe Hull elevator would affect a
normal person’s physical orpsychological health or cause stress, headaches,
hearing loss, fatigue or irritability.
9. ADM admits that the Complainants have requested the Board to order ADM
to stop the noise pollution and pay a monetary penalty, but ADM denies that
its operation ofthe Hull elevator causes pollution and, therefore, denies that
any such order or penalty is appropriate.
10. ADM admits that no one other than the Complainants has filed suit or even
complained about noise pollution at the Hull elevator, but ADM denies, based
upon a reasonable inquiry of ADM personnel who may have spoken to the
Complainants about the sounds emanating from the elevator, that it has told
Complainants that they “are the only residence that the noise is hitting head
on.” In further answer, ADM states that there are four residences located
closer to the elevator property than that of Complainants.
11. ADM admits that Complainants are the sole owners ofthe property and that
they are not attorneys.
WHEREFORE, the Respondent Archer Daniels Midland Company denies that
Complainants are entitled to the relief for which they pray, or any relief whatsoever.
December 22, 2003
Archer Daniels Midland Company
BY:____________
Corporate Environmental Counsel
Archer Daniels Midland Company
#25854
CERTIFICATE OF SERVICE
I, the undersigned, certify that I have served the attached APPEARANCE and ANSWER
OF ARCHER DANIELS MIDLAND COMPANY, by Certified Mail upon the following
persons:
Bonita and Richard Saxbury
P.O. #3
260 W. Miller
Hull, IL 62343
Dorothy M. Gunn
Illinois Pollution Control Board
James R. Thompson Center
100 W. Randolph St., Ste.l 1-500
Chicago, IL 60601
Lee R. Cunningham
CorporateEnvironmental Counsel
Archer Daniels Midland Company
4666 Faries Parkway, P.O. Box 1470
Decatur, IL
62526
#25853