ILLINOIS POLLUTION CONTROL BOARD
    October 7, 2004
     
     
    BONITA SAXBURY and RICHARD
    SAXBURY,
     
    Complainants,
     
    v.
     
    ARCHER DANIELS MIDLAND, HULL,
    ILLINOIS DIVISION,
     
    Respondent.
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    PCB 04-79
    (Citizens Enforcement - Noise)
     
     
    ORDER OF THE BOARD (by T.E. Johnson):
     
    On November 6, 2003, Bonita Saxbury and Richard Saxbury (Saxburys) filed a
    complaint against Archer Daniels Midland, Hull, Illinois Division (ADM) alleging that ADM
    violated the Environmental Protection Act (Act) (415 ILCS 24 (2002)) as well as 35 Ill. Adm.
    Code 900.102 by emitting noise at a grain elevator located in Hull, Pike County.
     
     
    A hearing in this matter is scheduled for October 6, 2004. On September 3, 2004, the
    parties filed a joint motion for site visit. In the motion, the parties request the Board to conduct a
    site visit in order to establish a more comprehensive record in this matter as provided for in 35
    Ill. Adm. Code 101.632. Mot. at 1. In the motion, the parties assert that they believe that
    actually hearing the sounds emitted from bin dryer fans at the facility would place the Board in a
    much better position to decide this matter than if the Board were to base its decision solely on the
    written record.
    Id
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    Section 101.632 of the Board’s procedural rules provides,
    inter alia
    , that the Board may
    conduct a site visit to establish a more comprehensive record. 35 Ill. Adm. Code 101.632. The
    Board’s decision in this matter is discretionary. At this time, the Board cannot properly
    determine whether a site visit would assist it in establishing a more comprehensive record.
    Accordingly, the Board will reserve ruling on the motion until after the record has been fully
    developed at hearing.
     
    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on October 7, 2004, by a vote of 4-0.
     
     
     
     
    Dorothy M. Gunn, Clerk
     
    Illinois Pollution Control Board

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