ILLINOIS POLLUTION CONTROL BOARD
    July 10, 2008
    ARCHER DANIELS MIDLAND COMPANY,
    QUINCY,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    PCB 09-1
    (NPDES Permit Appeal)
    (60-Day Extension)
    ORDER OF THE BOARD (by G.T. Girard):
    On July 3, 2008, the parties timely filed a joint request to extend by 60 days the 35-day
    period within which Archer Daniels Midland Company (ADM) may appeal a May 22, 2008
    determination of the Illinois Environmental Protection Agency (Agency).
    See
    415 ILCS
    5/40(a)(1) (2006); 35 Ill. Adm. Code 101.300(b), 105.206, 105.208. The request was timely
    filed because it was postmarked on or before the filing deadline.
    See
    35 Ill. Adm. Code
    101.300(b)(2) (“mailbox” rule). The Agency’s determination concerns ADM’s facility located at
    2100 Gardner Expressway in Quincy, Adams County. In the determination, the Agency issued a
    National Pollutant Discharge Elimination System (NPDES) permit to ADM with conditions.
    The Board extends the appeal period until September 2, 2008, which is the first business
    day following the 60th day after the 35-day appeal period.
    See
    415 ILCS 5/40(a)(1) (2006); 35
    Ill. Adm. Code 101.300(a), 105.208. If ADM fails to file an appeal on or before that date, the
    Board will dismiss this case and close the docket.
    IT IS SO ORDERED.
    I, John Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that the
    Board adopted the above order on July 10, 2008, by a vote of 4-0.
    ___________________________________
    John Therriault, Assistant Clerk
    Illinois Pollution Control Board

    Back to top