Fire, CEIVED
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
L-ERK'S
OFFICE
JUL 0 3 2008
Pollution
STATE
Control
OF
ILLINOIS
Board
PCB
Ott
Water – Sixty Day Extension
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
NOTICE OF FILING
ARCHER DANIELS MIDLAND COMPANY,
QUINCY,
Petitioner,
v.
John Therriault, Assistant Clerk
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601
Lee R. Cunningham
Archer Daniels Midland Company
Law Department
4666 Faries Parkway
Decatur, Illinois 62526
PLEASE TAKE NOTICE that I have today filed with the Office of the Clerk of the Pollution Control
Board a
JOINT REQUEST FOR SIXTY DAY EXTENSION OF APPEAL PERIOD
of the Illinois
Environmental Protection Agency, a copy of which is herewith served upon you.
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
By:?
Sanjay K. Sofat
Assistant Counsel
Division of Legal Counsel
Dated: July 1, 2008
1021 North Grand Avenue East
Springfield, Illinois 62794-9276
(217) 782-5544
Sani ay.sofat@illinois.gov
1
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AIL 0 3
2008
BEFORE THE ILLINOIS POLLUTION CONTROL
BOAR
V
AToEE
°
F
/LON
ARCHER DANIELS MIDLAND COMPANY,
QUINCY,
Petitioner,
v.
?
PCB 01
-4)
(
Water – Sixty Day Extension
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
JOINT REQUEST FOR SIXTY DAY EXTENSION OF APPEAL PERIOD
NOW COMES the Respondent, Illinois Environmental Protection Agency ("Agency" or "Illinois
EPA"), by and through one of its attorneys, Sanjay K. Sofat, Assistant Counsel, and the ARCHER
DANIELS MIDLAND COMPANY ("Petitioner"), and pursuant to Section 40(a)(1) of the Illinois
Environmental Protection Act ("Act") (415 ILCS 5/40(a)(1)) and the Illinois Pollution Control
Board's ("Illinois PCB") procedural rules at 35
?
Adm. Code 105.206, 105.208, hereby
respectfully requests that the Illinois PCB to grant an additional sixty (60) day extension of the
thirty-five (35) day period for petitioning for a hearing in this matter. In support thereof, the Illinois
EPA respectfully states:
1.
On or about May 22, 2008, the Illinois EPA issued a final determination of the NPDES
permit IL0003590 to the Petitioner.
(See
attached Exhibit A.)
2.
On or about May 28, 2008, the Petitioner received the issued permit.
3.
On or about June 30, 2008, Petitioner made a written request to the Illinois EPA asking
that the thirty-five (35) day period for a hearing be extended for an additional sixty (60)
days to and including September 1, 2008.
(See
attached Exhibit B.)
2
4.
The additional time requested by the parties may eliminate the need for a hearing in this
matter, or in the alternative, allow the parties to identify and limit the issues to be
addressed at any hearing that may be necessary to resolve this matter.
5.
Counsel for the Petitioner has reviewed the request for sixty (60) day extension of appeal
period and agrees with the contents of the request.
WHEREFORE the parties respectfully request that the Illinois PCB, in the interest of
administrative and judicial economy, grant this sixty (60) day extension of the thirty-five (35)
day period for petitioning for a hearing.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY, Respondent
By:
Sanjay K. Sofat
Assistant Counsel
Dated: July 1, 2008
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
(217) 782-5544
Sanj ay.sofat@illinois.gov
3
STATE OF ILLINOIS
SS
COUNTY OF SANGAMON
PROOF OF SERVICE
I, the undersigned, on oath state that I have served the attached
JOINT REQUEST FOR
SIXTY DAY EXTENSION OF APPEAL PERIOD
upon the persons to whom it is directed, by
placing a true and correct copy in an envelope addressed to:
John Therriault, Assistant Clerk
Illinois Pollution Control Board
100 West Randolph Street
Suite 11-500
Chicago, Illinois 60601
Lee R. Cunningham
Archer Daniels Midland Company
Law Department
4666 Faries Parkway
Decatur, Illinois 62526
(OVERNIGHT MAIL)
?
(OVERNIGHT MAIL)
and mailing it from Springfield, Illinois on July 1, 2008, with sufficient postage affixed as indicated
above.
- 1
-1(
\
?
V1Q-1111-4a.
SUBSCRIBED AND SWORN TO BEFORE ME
this day of July 1, 2008.
"yee.
Notary Public
rottiptatet...***444so
OFFICIAL SEAL
NOTARY
?
L. WOLFE
NOTARY PUBLIC, STATE OF IWNOIS
MY
4.1.44.04141404.14+00•00
COMMISSION EXPIRES 1042011
•
4
Exhibit A
Sincerely,
Alan Keller, P.E.
Manager, Permit Section
Division of Water Pollution Control
•
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
1021 NORTH GRAND AVENUE EAST, P.O. Box 19276, SPRINGFIELD, ILLINOIS 62794-9276 - ( 217) 782-3397
JAMES R. THOMPSON CENTER, 100 WEST RANDOLPH, SUITE 11-300,
CHICAGO,
IL 60601 - (312) 814-6026
ROD
R. BLAGOJEVICH, GOVERNOR
?
DOUGLAS
P.
SCOTT, DIRECTOR
217/782-0610
May 22, 2008
Archer Daniels Midland - Quincy
2100 Gardner Expressway
Quincy, Illinois 62306
Re:
Archer Daniels Midland - Quincy
NPDES Permit No. IL0003590
Final Permit
Gentlemen:
Attached is the final NPDES Permit for your discharge. The Permit as issued covers discharge
limitations, monitoring, and reporting requirements. Failure to meet any portion of the Permit could
result in civil and/or criminal penalties. The Illinois Environmental Protection Agency is ready and
willing to assist you in interpreting any of the conditions of the Permit as they relate specifically to
your discharge.
The Agency has begun a program allowing the submittal of electronic Discharge Monitoring Reports
(eDMRs) instead of paper Discharge Monitoring Reports (DMRs). If you are interested in eDMRs,
more information can be found on the Agency website, http://epa.state.il.us/water/edmr/index.html.
If your facility is not registered in the eDMR program, a supply of preprinted paper DMR Forms for
your facility will be sent to you prior to the initiation of DMR reporting under the reissued permit.
Additional information and instructions will accompany the preprinted DMRs upon their arrival.
The attached Permit is effective as of the date indicated on the first page of the Permit. Until the
effective date of any re-issued Permit, the limitations and conditions of the previously-issued Permit
remain in full effect. You have the right to appeal any condition of the Permit to the Illinois
Pollution Control Board within a 35 day period following the issuance date.
Should you have questions concerning the Permit, please contact Shu-Mei Tsai at the telephone
number indicated above.
SAK:SMT:07080101.bah
Attachment: Final Permit
cc:
Records
Compliance Assurance Section
Springfield Region
ROCKFORD -
4302 NMiSliCianieOlaidord, IL 61103 -
(815) 987-7760 •
DES PLAINES -
9511 W. Harrison St.,
Des Plaines,
IL 60016 - (847) 294-4000
ELGIN -
595 South State, Elgin, IL 60123 - (847) 608-3131
?• PEORIA -
5415 N. University St., Peoria,
IL 61614 - (309) 693-5463
BUREAU OF LAND - PEORIA -
7620 N. University St., Peoria, IL 61614 - (309) 693-5462•
CHAMPAIGN -
2125 South First Street, Champaign,
IL 61820 - (217) 278-5800
SPRINGFIELD -
4500 5. Sixth Street Rd., Springfield, IL 62706 - (217) 786-6892 •
COWNSVILLE -
2009 Mall Street, Collinsville, IL 62234 - (618) 346-5120
MARION -
2309 W. Main St., Suite 116, Marion, IL 62959 - (618) 993-7200
PRINTED ON RECYCLED PAPER
NPDES Permit No. IL0003590
Illinois Environmental Protection Agency
Division of Water Pollution Control
1021 North Grand Avenue East
Post Office Box 19276
Springfield, Illinois 62794-9276
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
Reissued (NPDES) Permit
Expiration Date: May 31, 2013
?
Issue Date:
May 22, 2008
Effective Date:
June 1, 2008
Name and Address of Permittee:
?
Facility Name and Address:
Archer Daniels Midland - Quincy
?
Archer Daniels Midland - Quincy
2100 Gardner Expressway
?
2100 Gardner Expressway
Quincy, Illinois 62306
?
Quincy, Illinois 62306
(Adams County)
Discharge Number and Name:
?
Receiving Waters:
001 Non-Contact Cooling Water
?
Mississippi River
002 Stormwater
?
Harrison Slough Tributary to Mississippi River
In compliance with the provisions of the Illinois Environmental Protection Act, Title 35 of III. Adm. Code, Subtitle C and/or Subtitle D,
Chapter 1, and the Clean Water Act (CWA), the above-named permittee is hereby authorized to discharge at the above location to the
above-named receiving stream in accordance with the standard conditions and attachments herein.
Permittee is not authorized to discharge after the above expiration date. In order to receive authorization to discharge beyond the
expiration date, the permittee shall submit the proper application as required by the Illinois Environmental Protection Agency (IEPA) not
later than 180 days prior to the expiration date.
Alan Keller, P.E.
Manager, Permit Section
Division of Water Pollution Control
SAK:SMT:07080101.bah
Page 2
NPDES Permit No. IL0003590
Effluent Limitations and Monitoring
1. From the effective date of this permit until the expiration date, the effluent of the following discharge(s) shall be monitored and limited
at all times as follows:
Outfall(s): 001 Non-Contact Cooling Water (DAF = 6.83 MGD)*
LOAD LIMITS lbs/day
?
CONCENTRATION
DAF (DMF)?
LIMITS moil
30 DAY
?
DAILY
?
30 DAY?
DAILY
?
SAMPLE?
SAMPLE
PARAMETER
?
AVERAGE
?
MAXIMUM?
AVERAGE?
MAXIMUM
?
FREQUENCY
?
TYPE
Flow?
See Special Condition 1?
Once per Week?
Single
Reading
pH?
See Special Condition 2?
Once per Week
?
Grab
Temperature?See Special Condition 3?
Once per Week
?
Single
Reading
Total Residual Chlorine See Special Condition 7?
0.05?
Once per Week?
Single
Reading
" See Special Condition 8.
Outfall(s): 002 Stormwater (Intermittent Discharge)*
*See Special Condition 9.
Page 3
NPDES Permit No. IL0003590
Special Conditions
SPECIAL CONDITION 1. Flow shall be reported in million gallons per day as a daily maximum and a monthly average on the DMR form.
SPECIAL CONDITION 2. The pH shall be in the range 6.0 to 9.0. The monthly minimum and monthly maximum values shall be reported
on the DMR form.
SPECIAL CONDITION 3. Discharge of wastewater from this facility must not alone or in combination with other sources cause the
receiving stream to violate the following thermal limitations at the edge of the mixing zone which is defined by Section 302.211, Illinois
Administration Code, Title 35, Chapter 1, Subtitle C, as amended:
A.
This facility is not allowed any mixing with the receiving stream in order to meet applicable water quality thermal limitations.
Therefore, discharge of wastewater from this facility must meet the following thermal limitations prior to discharge into the
receiving stream.
B.
The discharge must not exceed the maximum limits in the following table during more than one percent of the hours in the 12
month period ending with any month. Moreover, at no time shall the water temperature of the discharge exceed the maximum
limits in the following table by more than 1.7 C (3 F).
Jan.?
Feb.
?
Mar.
?
April
?
May
?
June?
July?
Aug.?
Sept.?
Oct.?
Nov.?
Dec.
°F
60
60
60
90
90
90
90
90
90
90
90
60
°C
16
16
16
32
32
32
32
32
32
32
32
16
C.
In addition, the discharge shall not cause abnormal temperature changes that may adversely affect aquatic life
unless caused by natural conditions.
SPECIAL CONDITION
4. The Permittee shall record monitoring results on Discharge Monitoring Report (DMR) Forms using one such
form for each outfall each month.
In the event that an outfall does not discharge during a monthly reporting period, the DMR Form shall be submitted with no discharge
indicated.
The Permittee may choose to submit electronic DMRs (eDMRs) instead of mailing paper DMRs to the IEPA. More information, including
registration information for the eDMR program, can be obtained on the IEPA website, http://www.epa.state.il.us/water/edmr/index.html.
The completed Discharge Monitoring Report forms shall be submitted to IEPA no later than the 15th day of the following month, unless
otherwise specified by the permitting authority.
Permittees not using eDMRs shall mail Discharge Monitoring Reports with an original signature to the IEPA at the following address:
Illinois Environmental Protection Agency
Division of Water Pollution Control
1021 North Grand Avenue East
Post Office Box 19276
Springfield, Illinois 62794-9276
Attention: Compliance Assurance Section, Mail Code # 19
SPECIAL CONDITION 5. If an applicable effluent standard or limitation is promulgated under Sections 301(bX2)(C) and (D), 304(b)(2),
and 307(a)(2) of the Clean Water Act and that effluent
standard or limitation is more
stringent than any effluent limitation in the permit or
controls a pollutant not limited in the NPDES Permit, the Agency shall revise or modify the permit in accordance with the more stringent
standard or prohibition and shall so notify the permittee.
SPECIAL CONDITION 6. In addition to the other requirements of this permit, no effluent shall contain settleable solid, floating debris,
visible oil, grease, scum or sludge solids, color and odor an turbidity shall be reduced to below obvious levels.
Page 4
NPDES Permit No. IL0003590
Special Conditions
SPECIAL CONDITION 7. All samples for total residual chlorine shall be analyzed by an applicable method contained in 40 CFR 136,
equivalent in accuracy to low-level amperometric titration. Any analytical variability of the method used shall be considered when
determining the accuracy and precision of the results obtained.
SPECIAL CONDITION 8. For the purpose of this permit, the discharge 001 is limited to non-contact cooling water, free from process and
other wastewater discharges. In the event that the permittee shall require the use of water treatment additives, the permittee must
request a change in this permit in accordance with the Standard Conditions -- Attachment H.
SPECIAL CONDITION 9.
STORM WATER POLLUTION PREVENTION PLAN (SWPPP)
A.
A storm water pollution prevention plan shall be maintained by the permittee for the storm water associated with industrial activity
at this facility. The plan shall identify potential sources of pollution which may be expected to affect the quality of storm water
discharges associated with the industrial activity at the facility. In addition, the plan shall describe and ensure the implementation
of practices which are to be used to reduce the pollutants in storm water discharges associated with industrial activity at the facility
and to assure compliance with the terms and conditions of this permit.
B.
The owner or operator of the facility shall make a copy of the plan available to the Agency at any reasonable time upon request.
C.
The permittee may be notified by the Agency at any time that the plan does not meet the requirements of this condition. After such
notification, the permittee shall make changes to the plan and shall submit a written certification that the requested changes have
been made. Unless otherwise provided, the permittee shall have 30 days after such notification to make the changes.
D.
The discharger shall amend the plan whenever there is a change in construction, operation, or maintenance which may affect the
discharge of significant quantities of pollutants to the waters of the State or if a facility inspection required by paragraph G of this
condition indicates that an amendment is needed. The plan should also be amended if the discharger is in violation of any
conditions of this permit, or has not achieved the general objective of controlling pollutants in storm water discharges. Amendments
to the plan shall be made within the shortest reasonable period of time, and shall be provided to the Agency for review upon request.
E.
The plan shall provide a description of potential sources which may be expected to add significant quantities of pollutants to storm
water discharges, or which may result in non-storm water discharges from storm water outfalls at the facility. The plan shall include,
at a minimum, the following items:
1.
A topographic map extending one-quarter mile beyond the property boundaries of the facility, showing: the facility, surface water
bodies, wells (including injection wells), seepage pits, infiltration ponds, and the discharge points where the facility's storm water
discharges to a municipal storm drain system or other water body. The requirements of this paragraph may be included on the site
map if appropriate.
2. A site map showing:
i.
The storm water conveyance and discharge structures;
ii.
An outline of the storm water drainage areas for each storm water discharge point;
iii.
Paved areas and buildings;
iv.
Areas used for outdoor manufacturing, storage, or disposal of significant materials, including activities that generate significant
quantities of dust or particulates.
v.
Location of existing storm water structural control measures (dikes, coverings, detention facilities, etc.);
vi. Surface
water locations and/or municipal storm drain locations
vii.
Areas of existing and potential soil erosion;
viii.
Vehicle service areas;
Page 5
NPDES Permit No. IL0003590
Special Conditions
ix. Material loading, unloading, and access areas.
3. A narrative description of the following:
The nature of the industrial activities conducted at the site, including a description of significant materials that are treated,
stored or disposed of in a manner to allow exposure to storm water;
ii.?
Materials, equipment, and vehicle management practices employed to minimize contact of significant materials with storm
water discharges;
Hi.?
Existing structural and non-structural control measures to reduce pollutants in storm water discharges;
iv.
Industrial storm water discharge treatment facilities;
v.
Methods of onsite storage and disposal of significant materials;
4. A list of the types of pollutants that have a reasonable potential to be present in storm water discharges In significant quantities.
5. An estimate of the size of the facility in acres or square feet, and the percent of the facility that has impervious areas such as
pavement or buildings.
6. A summary of existing sampling data describing pollutants in storm water discharges.
F. The plan shall describe the storm water management controls which will be implemented by the facility. The appropriate controls
shall reflect identified existing and potential sources of pollutants at the facility. The description of the storm water management
controls shall include:
1.
Storm Water Pollution Prevention Personnel - Identification by job titles of the individuals who are responsible for developing,
implementing, and revising the plan.
2.
Preventive Maintenance - Procedures for inspection and maintenance of storm water conveyance system devices such as oil/water
separators, catch basins, etc., and inspection and testing of plant equipment and systems that could fail and result in discharges
of pollutants to storm water.
3.
Good Housekeeping - Good housekeeping requires the maintenance of clean; orderly facility areas that discharge storm water.
Material handling areas shall be inspected and cleaned to reduce the potential for pollutants to enter the storm water conveyance
system.
4.
Spill Prevention and Response - Identification of areas where significant materials can spill into or otherwise enter the storm water
conveyance systems and their accompanying drainage points. Specific material handling procedures, storage requirements, spill
clean up equipment and procedures should be identified, as appropriate. Internal notification procedures for spills of significant
materials should be established.
5.
Storm Water Management Practices - Storm water management practices are practices other than those which control the source
of pollutants. They include measures such as installing oil and grit separators, diverting storm water into retention basins, etc.
Based on assessment of the potential of various sources to contribute pollutants, measures to remove pollutants from storm water
discharge shall be implemented. In developing the plan, the following management practices shall be considered:
i.?
Containment - Storage within berms or other secondary containment devices to prevent leaks and spills from entering storm
water runoff;
Oil & Grease Separation - Oil/water separators, booms, skimmers or other methods to minimize oil contaminated storm water
discharges;
iii.?
Debris & Sediment Control - Screens, booms, sediment ponds or other methods to reduce debris and sediment in storm
water discharges;
Page 6
NPDES Permit No. IL0003590
Special Conditions
iv.
Waste Chemical Disposal - Waste chemicals such as antifreeze, degreasers and used oils shall be recycled or disposed of
in an approved manner and in a way which prevents them from entering storm water discharges.
v.
Storm Water Diversion - Storm water diversion away from materials manufacturing, storage and other areas of potential
storm water contamination;
vi.
Covered Storage or Manufacturing Areas - Covered fueling operations, materials manufacturing and storage areas to
prevent contact with storm water.
6.
Sediment and Erosion Prevention - The plan shall identify areas which due to topography, activities, or other factors, have a high
potential for significant soil erosion and describe measures to limit erosion.
7.
Employee Training - Employee training programs shall inform personnel at all levels of responsibility of the components and goals
of the storm water pollution control plan. Training should address topics such as spill response, good housekeeping and material
management practices. The plan shall identify periodic dates for such training.
8.
Inspection Procedures - Qualified plant personnel shall be identified to inspect designated equipment and plant areas. A tracking
or follow-up procedure shall be used to ensure appropriate response has been taken in response to an inspection. Inspections and
maintenance activities shall be documented and recorded.
G.
The permittee shall conduct an annual facility inspection to verify that all elements of the plan, including the site map, potential
pollutant sources, and structural and non-structural controls to reduce pollutants in industrial storm water discharges are accurate.
Observations that require a response and the appropriate response to the observation shall be retained as part of the plan.
Records documenting significant observations made during the site inspection shall be submitted to the Agency in accordance with
the reporting requirements of this permit.
H.
This plan should briefly describe the appropriate elements of other program requirements, including Spill Prevention Control and
Countermeasures (SPCC) plans required under Section 311 of the CWA and the regulations promulgated thereunder, and Best
Management Programs under 40 CFR 125.100.
I.The
plan is considered a report that shall be available to the public under Section 308(b) of the CWA. The permittee may claim portions
of the plan as confidential business information, including any portion describing facility security measures.
J.
The plan shall include the signature and title of the person responsible for preparation of the plan and include the date of initial
preparation and each amendment thereto.
Construction Authorization
K.
Authorization is hereby granted to construct treatment works and related equipment that may be required by the Storm Water
Pollution Prevention Plan developed pursuant to this permit.
This Authorization is issued subject to the following condition(s).
1.
If any statement or representation is found to be incorrect, this authorization may be revoked and the permittee there upon waives
all rights thereunder.
2.
The issuance of this authorization (a) does not release the permittee from any liability for damage to persons or property caused
by or resulting from the installation, maintenance or operation of the proposed facilities; (b) does not take into consideration the
structural stability of any units or part of this project; and (c) does not release the permittee from compliance with other applicable
statutes of the State of Illinois, or other applicable local law, regulations or ordinances.
3.
Plans and specifications of all treatment equipment being included as part
of
the stormwater management practice shall be included
in the SWPPP.
Construction activities which result from treatment equipment installation, including clearing, grading and excavation activities
which result in the disturbance of one acre or more of land area, are not covered by this authorization. The permittee shall contact
the IEPA regarding the required permit(s).
Page 7.
?
Attachment H
Standard Conditions
Definitions
Act means the Illinois Environmental Protection Act, 415 RCS 5 as Amended.
Agency means the Illinois Environmental Protection Agency.
Board means the Illinois Pollution Control Board.
Clean Water Act (formerly referred to as the Federal Water Pollution Control Act) means
Pub. L 92
.
500, as amended. 33 U.S.C. 1251 et seq.
NPDES (National Pollutant Discharge Elimination System) means the national program for
issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing permits, and
imposing and enforcing pretreatment requirements, under
Sections 307, 402, 318
and
405
of the Clean Water Act.
USEPA means the United States Environmental Protection Agency.
Daily Discharge means the discharge of a pollutant measured during a calendar day or any
24-hour period that reasonably represents the calendar day for purposes of sampling. For
pollutants with limitations expressed in units of mass, the 'daily discharge' is calculated as
the total mass of the pollutant discharged over the day. For pollutants with limitations
expressed In other units of measurements, the 'daily discharge' Is calculated as the average
measurement of the pollutant over the day.
Maximum Daily Discharge Limitation (daily maximum) means the highest allowable daily
discharge.
Average Monthly Discharge Limitation (30 day average) means the highest allowable
average of daily discharges over a calendar month, calculated as the sum of all daily
discharges measured during a calendar month divided
by
the number of daily discharges
measured during that month.
Average Weekly Discharge Limitation (7 day average) means the highest allowable
average of daily discharges over a calendar week, calculated as the sum of all daily
discharges measured during a calendar week divided by the number of daily discharges
measured during that week.
Best Management Practices (BMPs) means schedules of activities, prohibitions of practices,
maintenance procedures, arid other management practices to prevent or reduce the pollution
of waters of the State. BMPs also include treatment requirements, operating procedures, and
practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage
from raw material storage.
Alffinot means a sample of specified volume used to make up a total composite sample.
Grab Sample means an individual sample of at least 100 milliliters collected at a randomly-
selected time over a period not exceeding 15 minutes.
24 Hour Composite Sample means a combination of at least 8 sample aliquots of at least
100 milliliters, collected at periodic intervals during the operating hours of a facility over a 24-
hour period.
8 Hour Composite Sample means a combination of at least 3 sample aliquots of at least 100
milliliters, collected at periodic intervals during the operating hours of a facility over an 8-hour
period.
Flow Proportional Composite Sample means a combination of sample aliquots of at least
100 milliliters collected at periodic Intervals such that either the time interval between each
aliquot or the volume of each aliquot is proportional to either the stream flow at the time of
sampling or the total stream flow since the collection of the previous aliquot.
-(1) Duty to comply. The permittee must comply with all conditions of this permit. My
permit noncompliance constitutes a violation of the Act and is grounds for enforcement
action, permit termination, revocation and reissuance, modification, or for denial of a
permit renewal application. The permittee shall comply with effluent standards or
prohibitions established under Section 307(a) of the Clean Water Act for toxic
pollutants within the time provided in the regulations that establish these standards or
prohibitions, even if the permit has not yet been modified to incorporate the
requirement.
(2)
Duty to reapply. If the permittee wishes to continue an activity regulated by this permit
after the expiration date of this permit, the permittee must apply for and obtain a new
permit. If the permittee submits a proper application as required by the Agency no later
than 180 days prior to the expiration date, this permit shall continue in full force and
effect until
the
final Agency decision on the application has been made.
(3) Need to halt or reduce
activity not a defense. It shall not be a defense for a
permittee in an enforcement action that it would have been necessary to halt or reduce
the permitted activity in order to maintain compliance with the conditions of this permit.
(4)
Duty to mitigate. The permittee shell take at reasonable steps to minimize or prevent
any discharge in violation of this permit which has a reasonable likelihood of adversely
affecting human health or the environment.
(5)
Proper operation and maintenance. The nominee shall at all times properly operate
and maintain all facilities and systems of treatment and control (and related
appurtenances) which are installed or used by the permittee to achieve compliance
with conditions of this permit. Proper operation and maintenance includes effective
performance, adequate funding, adequate operator staffing and training, and adequate
laboratory and process controls, including appropriate quality assurance procedures.
I' his provision requires the operation of back-up. or auxiliary facilities, or similar
systems only when necessary to achieve compliance with the conditions of the permit
(6) , Permit actions. This permit may be modified, revoked and reissued, or terminatea
for cause by the Agency pursuant to 40 CFR 122.62. The filing of a request by the
permittee for a permit modification, revocation and reissuance, or termination, or a
notification of planned changes or anticipated noncompliance, does not stay any
permit condition.
(7)
?
Property rights, This permit does not convey any property rights of any sort. or any
exclusive privilege.
(8) Duty to provide Information. The permittee shall fumish to the Agency within a
reasonable time, any information which the Agency may request to determine whether
cause exists for modifying, revoking and reissuing, or terminating this permit,
or
to
determine compliance with the permit. The nominee shall also furnish to the Agency,
upon request, copies of records required to be kept by this permit.
?
,
(9)
Inspection and entry. The permittee Shall allow an authorized representative of the
Agency, upon the presentation of credentials and other documents as may be required
by law, to:
(a)
Enter upon the permitteffis premises where a regulated facility or activity is
located or conducted, or where records must be kept under the conditions of this
permit;
(b)
Have access to and copy, at reasonable times, any records that must be kept
under the conditions of this permit:
(c)
Inspect at reasonable times any facilities, equipment (including monitoring and
control equipment), practices, or operations regulated or required under this
permR; and
(d) Sample or monitor at reasonable times, for the purpose of assuring permit
compliance, or as Phenyls° authorized by the Act, any substances or parameters
at any location.
(10) Monitoring and records.
(a) Samples and measurements taken for the purpose of monitoring shall be
representative of the monitored activity.
(b) The permittee shall retain records Of all, monitoring information, including all
calibration and maintenance records, and. all original strip chart recordings for
continuous monitoring Instrumentation, copies of all reports required by this
permit, and records of all data used to complete the application for this permit, for
a period of at least 3 years from the date of this permit, measurement, report or
application. This period may be extended by request of the Agency at any time.
(c) Records of monitoring Information shall include:
(1)
The date, exact place, and time of sampling or measurements;
(2)
The indlvidual(s) who performed the sampling or measurements;
(3) The date(s) analyses were performed:
(4) The Individual(s) who performed the analyses;
(5)
The analytical techniques or methods used; and
(6) The results of such analyses.
(d) Monitoring must be conducted according to test procedures approved under 40
CFR Part 136, unless other test procedures have been specified in this permit.
Where no test procedure under 40 CFR Part 136 has been approved, the
permittee must submit to the Agency a test method for approval. The permittee
shall calibrate and perform maintenance procedures on all monitoring and
analytical Instrumentation at intervals to ensure accuracy of measurements.
(11) Signatory requirement At applications, reports or information submitted to the
Agency shall be signed and certified.
(a) Application. All permit applications shall be signed as follows:
(1)
For a corporation: by a principal executive officer of at least the level of
vice president or a person or position having overall responsibility for
envkonmental matters for the corporation;
(2)
For • partnership or sole proprietorship: by a general partner or tie
proprietor, respectively; or
(3)
For • municipality, State, Federal, or other public agency: by either a
principal executive officer or ranking elected official.
(b) Reports. All reports required by permits, or other information requested by the
Agency shall be signed by a person described In paragraph (a) or by a duly
authorized representative
Of that person. A person is a duly authorized
representative only if:
(1) The authorization is made in writing by a
person described in paragraph (a);
and
(2)
The authorization specifies either an individual or a position responsible for
the overall operation of the facility. from which the discharge originates, such
as a plant manager. superintendent or person of equivalent responsibility;
and
(3) The written authorization is submitted to the Agency.
Page 8.
(c) Changes of Authorization. If an authorization under (b) Is no longer accurate
because a different Individual or position has responsibility for the overall
operation of the facility, a new authorization satisfying the requirements of (b)
roust be submitted to the Agency prior to or together with any reports, Information,
or applications to be signed by an authorized representative.
(12) Reporting requirements.
(a) Planned changes. The carmine, shall give notice to the Agency as soon as
possible of any manned physical alterations or additions to the permitted facility.
(b) Anticipated noncompliance. The permillee shall give advance notice to the
Agency of any planned changes in the permitted facility or activity which may
result in noncompliance with permit requirements,
•
(c) Compliance schedules. Reports of compliance or noncompliance with, or any
progress reports on. Interim and final requirements contained in any compliance
schedule of this permit shall be submitted no later than 14 days following each
schedule date.
(d) Monitoring reports. Monitoring results shall be reported at the intervals
specified elsewhere In this permit.
(1) Monitoring results must be reported on a Discharge Monitoring Report
(DMR).
(2)
if the permittee monitors any pollutant more frequently than required by the
permit, using test procedures approved under 40 CFR 138 or as specified
in the permit, the results of this monitoring shall be included in the calculation
and reporting of the data submitted in the DMR.
(3)
Calculations for all limitations which require averaging of measurements
shall utilize an arithmetic mean unless otherwise specified by the Agency in
the permit.
(e) Twenty-four hour reporting. The perrifittee sha
g
report any noncompliance
which may endanger health or the environment. My information shall be
provided orally within 24 hours from tie time the permittee becomes aware of the
circumstances. A written submission shall also be provided within 5 days of the
time the nominee becomes aware of the circumstances. The written submission
shall contain a description of the noncompliance and its cause; the period of
noncompliance, including exact dates and time; and if the noncompliance has not
been corrected, the anticipated time It is expected to continue; and steps taken
or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance.
The following shall be included as information which must be reported within 24
hours:
(1)
Any unanticipated bypass which exceeds any effluent limitation In the
permit;
(2)
Violation of a maximum daily discharge limitation for any of the pollutants
listed by the Agency In the pent to be reported within 24 hours.
The Agency may waive the written report on a case-by-case basis if the oral
report has been received within 24 hours.
(f) Other noncompliance. The permittee shall report
all instances of
noncompliance not reported under paragraphs (12)(c), (d), or (e), at the time
monitoring reports are submitted. The reports shall contain the Information listed
in paragraph (12)(e).
(g) Other Information. Where the permitlee becomes aware that it failed to submit
any relevant facts In a permit application, or submitted incorrect Information In a
permit application. or In any report to the Agency, It shalt promptly submit such
facts or information.
(13) Transfer of permits. A permit may be automatically transferred to a new carmine.
if:
(a) The current carminee notifies the Agency at least 30 days In advance of the
proposed transfer date:
•
(b) The notice includes a written agreement between the existing and new perMifiees
containing a specific date for transfer 'of permit responsibility, coverage and
liability between.the
,
current and new pennittees; and
(c)
The Agency does not notify the existing permittee and the proposed new
permittee of Its Intent to modify or revoke and reissue the permit If this notice is
not received, the transfer is effective on the date specified In the agreement
(14) All manufacturing, commercial, mining, and silvicultural dischargers must notify the
Agency as soon as they know or have reason to believe:
(a) That any
activity has occurred or
Wit
=cur which would result In the discharge of
any toxic pollutant identified under Section 307 of the Clean Water Act which Is
not limited in the permit, if that discharge will exceed the highest of the following
notification levels:
(1) One hundred micrograms per liter (100 unit);
(2)
Two hundred micrograms per liter (200 ugh) for acrolein and aaylonitrile;
five hundred micrograms per liter (500 ugh!) for 2,4-dinitrophend and for 2-
methyl-4,6 dlnitrophenol; and one milligram per liter (1 mgfl) for antimony.
(3)
Five (5) times the maximum concentration value reported for that pollutant
in the NPDES permit application; or
(4)
The level established by the Agency In this permit.
(h) That they have begun or expect to begin to use or manufacture as an Intermediate
or final product or byproduct any toxic pollutant which was not reported in the
NPDES permit application.
(15) All Publicly Owned Treatment Works (POTWs) must provide adequate notice to the
Agency of the following:
(a)
My new introduction of pollutants into that POTW from an indirect discharge
which would be subject to Sections 301 or 306 of the Clean Water Act if it were
directly discharging those pollutants; and
(b) My substantial change in the volume
or character of pollutants being introduced
into that POTW by a source introducing pollutants into the POTW at the time of
issuance of the permit.
(c)
For purposes of this paragraph, adequate notice shall include information on (0
the quality and quantity of effluent introduced into the POTW, and (ii) any
anticipated impact of the change on the quantity or quality of effluent to be
discharged from the POTW.
(18) If the permit is Issued to a publicly owned or publicly regulated treatment works, the
permittee shat require any industrial user of such treatment works to comply with
federal requirements concerning:
(a) User charges pursuant to Section 204(b) of the Clean Water Act, and applicable
regulations appearing in 40 CFR 35;
(b)
Toxic pedant effluent standards and pretreatment standards pursuant to Section
307 of the Clean Water
Act; and
(c)
Inspection, monitoring and entry pursuant to Section 308 of the Clean Water Act.
(17)
If an applicable standard or limitation is promulgated under Section 301(b)(2)(C) and
(D), 304(b)(2), or 307(8)(2) and that effluent standard or limitation Is'
nore stringent
than any effluent limitation in the permit, or controls a pollutant not limited in the
permit, the permit shall be promptly modified or revoked, and reissued to conform to
that effluent standard or limitation.
(18)
Any authorization to construct Issued to the permittee pursuant to 35111. Mm. Code
309.154 is hereby incorporated by reference as a condition of this permit.
(19)
The pentane. shall not make any false statement, representation or certification In any
application, record, report, plan or other document submitted to the Agency or the
USEPA. or required to be maintained under this permit.
(20)
The 'Clean Water Act provides that any person who violates a permit condition
implementing Sections 301, 302, 308, 307, 308. 318, or 405 of the Clean Water Act
Is subject to a civil penalty not to exceed $10,000 per day of such violation. Any
person who willfully or negligently violates permit conditions implementing Sections
301, 302, 308, 307, w308 of the Clean Water Ada subject to a fine of not less than
$2,500 nor more than $25,000 per day of violation, or by imprisonment for not more
than one year, or both.?
'
(21)
The Clean Water Act provides that any person who falsifies, tampers with, or
knowingly renders Inaccurate any monitoring device or method required to be
maintained wider permit shall, upon conviction, be punished by a fine of not more than
$10,000 per violation, or by imprisonment for not more than 6 months per violation, or
by both.
(22)
The Clean Water Act provides that any person who knowingly makes any false
statement, representation, or certification in any record or other document submitted
or required to be maintained under this permit shall, including monitoring reports or
reports of compliance or non-compliance sha
g . upon conviction, be punished by a fine
of not more than $10,000 per violation, or by imprisonment for not more than 6 months
per violation, or by both.
(23)
Collected screening, slurries, sludges, and other solids shall be disposed of in such
a mamef as to prevent entry of those wastes (or runoff from the wastes) into waters
of the State. The proper authorization for such disposal shall be obtained from the
Agency and is incorporated as part hereof by reference.
(24)
In case of conflict between these standard Conditions and any other condition(s)
Included in this permit, the other condition(s) shall govern.
(25)
The permittee shall comply with, in addition to the requirements of the permit, all
applicable provisions of 35111. Mm. Code, Subtitle C, Subtitle 0, Subtitle E, and
applicable orders of the Board.
(28) The provisions of this permit are severable, end If any provision of this permit, or the
application of any provision of this permit is held invalid, the remaining provisions of
this permit shall continue in full force and effect.
(Rev. 3-13-98)
Exhibit B
VL
truly yours,
Lee R. Curunngham
Aft-okts
Corporate Environmental Counsel
ADM
Lee R. Cunningham
Corporate Environmental Counsel
Archer Daniels
Midland Company
Law Depanment
4666 Furies Parkway
Decatur, IL 62526
Telephone: (217) 4244883
Fascimilie: (217) 424-6196
Alan Keller, P.E.
Manager, Permit Section,
Division of Water Pollution Control
Illinois Environmental Protection Agency
1021 N. Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
Re: NPDES Permit No.: IL0003590
ADM Quincy
Dear Mr. Keller:
Archer Daniels Midland Company (ADM) hereby requests an extension of time for
petitioning for a hearing regarding the above-cited NPDES Permit pursuant to Section
40(a)(1) of the Illinois Environmental Protection Act and Sections 105.206 and 105.208 of
the Illinois Pollution Control Board's Procedural Rules. ADM seeks a 60-day extension of
the initial appeal period. Since ADM received the permit on or about May 28, 2008, the
initial appeal period extends to July 2, 2008, and the requested extension is until
September 1, 2008.
Based on discussions with Darin LeCrone of your permitting staff, ADM believes this
matter can be resolved within the requested extension period without the need for a
hearing.
Please call me if you have any questions or desire any further information.
LRCilk
cc:
Sonjay Sofat
Michelle Bublitz
Ken Doellman
#59076
