ILLINOIS POLLUTION CONTROL BOARD
July 6, 2006
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
PERFETTI VAN MELLE USA INC. f/k/a
VAN MELLE USA INC., a Kentucky
corporation,
Respondent.
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PCB 02-186
(Enforcement - Air)
OPINION AND ORDER OF THE BOARD (by G.T. Girard):
On April 23, 2002, the Office of the Attorney General, on behalf of the People of the
State of Illinois (People), filed a five-count complaint against Perfetti Van Melle USA Inc.
(Perfetti Van Melle).
See
415 ILCS 5/31(c)(1) (2004); 35 Ill. Adm. Code 103.204. The
complaint concerns Perfetti Van Melle’s candy manufacturing facility at 151 North Hastings
Lane, Buffalo Grove, Lake County. The parties now seek to settle. For the reasons below, the
Board accepts the parties’ stipulation and proposed settlement.
Under the Environmental Protection Act (Act) (415 ILCS 5/1
et seq
. (2004)), the
Attorney General and the State’s Attorneys may bring actions before the Board on behalf of the
People to enforce Illinois’ environmental requirements.
See
415 ILCS 5/31 (2004); 35 Ill. Adm.
Code 103. In this case, the People allege that Perfetti Van Melle violated Sections 9(a) and (b),
9.8(b), and 39.5(6)(b) of the Act (415 ILCS 5/9(a) and (b), 9.8(b), and 39.5(6)(b) (2004)) and 35
Ill. Adm. Code 201.141; 201.143; 203.201; 205.150(c), (d), and (e); 205.300(a); 205.310(a);
218.986; and 270.301(b). The People further allege that Perfetti Van Melle violated these
provisions by (1) operating an emissions source without a permit; (2) failing to timely submit a
Clean Air Act Permit Program (CAAPP) application; (3) failing to timely submit an Emission
Reduction Market System (ERMS) application; (4) releasing volatile organic material (VOM)
into the atmosphere without demonstrating compliance with New Source Review (NSR)
requirements; and (5) failing to reduce uncontrolled VOM emissions.
On May 18, 2006, the People and Perfetti Van Melle 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) (2004)). This filing is authorized by Section 31(c)(2) of the Act
(415 ILCS 5/31(c)(2) (2004)), which requires that the public have an opportunity to request a
hearing whenever the State and a respondent propose settling an enforcement action without a
public hearing.
See
35 Ill. Adm. Code 103.300(a). The Board provided notice of the stipulation,
proposed settlement, and request for relief from hearing. The Board published newspaper notice
in the
Buffalo Grove Countryside
on May 25, 2006. The Board did not receive any requests for
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hearing. The Board grants the parties’ request for relief from the hearing requirement.
See
415
ILCS 5/31(c)(2) (2004); 35 Ill. Adm. Code 103.300(b).
Section 103.302 of the Board’s procedural rules sets forth the required contents of
stipulations and proposed settlements. 35 Ill. Adm. Code 103.302. These requirements include
stipulating to facts on the nature, extent, and causes of the alleged violations and the nature of
Perfetti Van Melle’s operations. Section 103.302 also requires that the parties stipulate to facts
called for by Section 33(c) of the Act (415 ILCS 5/33(c) (2004)), which bears on the
reasonableness of the circumstances surrounding the alleged violations.
Perfetti Van Melle neither admits nor denies the alleged violations. Perfetti Van Melle
has terminated all operations at the Buffalo Grove facility and agrees to obtain all necessary
permits and approvals before recommencing. The stipulation also addresses the factors of
Section 42(h) of the Act (415 ILCS 5/42(h) (2004)), which may mitigate or aggravate the civil
penalty amount. Perfetti Van Melle agrees to pay a civil penalty of $120,000. Perfetti Van
Melle further agrees to pay $60,909.39 for purchase of allotment trading units (ATUs) from the
Agency’s Alternative Compliance Market Account (ACMA) for the 2000 and 2001 emissions
seasons, and $1,800 for the 2004 annual air pollution site fee. The parties stipulate that payment
of this penalty and these fees negates any economic benefit derived from delayed compliance.
The People further assert that this civil penalty will serve to deter further violations and aid in
future voluntary compliance with the Act and Board regulations.
The People and Perfetti Van Melle have satisfied Section 103.302. The Board accepts
the stipulation and proposed settlement. This docket is now closed.
This opinion constitutes the Board’s findings of fact and conclusions of law.
ORDER
1.
The Board accepts and incorporates by reference the stipulation and proposed
settlement.
2.
Perfetti Van Melle, through its attorney of record, must pay each of the following
no later than August 7, 2006, which is the first business day after the 30th day
after the date of this order:
a.
A civil penalty of $120,000;
b.
The amount of $60,909.39 for past-due ATUs, as provided in the ACMA
bill that the Agency issued to Perfetti Van Melle on or about June 25,
2004; and
c.
The amount of $1,800 for the 2004 air pollution site fees, as provided in
the that the Agency invoice issued to Perfetti Van Melle on or about
December 8, 2004.
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Perfetti Van Melle must pay the civil penalty by certified check, money order, or
electronic funds transfer, payable to the Environmental Protection Trust Fund.
The case number, case name, and Perfetti Van Melle’s social security number or
federal employer identification number must be included on the certified check or
money order.
3.
Perfetti Van Melle, through its attorney of record, must send the certified check,
money order, or electronic funds transfer to the following person at the indicated
address:
Illinois Environmental Protection Agency
Fiscal Services Division
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
4.
Perfetti Van Melle, through its attorney of record, must send a copy of the
certified check, money order, or record of electronic funds transfer and any
transmittal letter to the following person at the indicated address:
George D. Theophilos, Assistant Attorney General
Environmental Bureau
188 West Randolph Street, 20th Floor
Chicago, Illinois 60601
Maureen E. Wozniak, Assistant Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
5.
Penalties unpaid within the time prescribed will accrue interest under Section
42(g) of the Environmental Protection Act (415 ILCS 5/42(g) (2004)) at the rate
set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)
(2004)).
6.
Perfetti Van Melle must cease and desist from the alleged violations.
IT IS SO ORDERED.
Section 41(a) of the Environmental Protection Act provides that final Board orders may
be appealed directly to the Illinois Appellate Court within 35 days after the Board serves the
order. 415 ILCS 5/41(a) (2004);
see also
35 Ill. Adm. Code 101.300(d)(2), 101.906, 102.706.
Illinois Supreme Court Rule 335 establishes filing requirements that apply when the Illinois
Appellate Court, by statute, directly reviews administrative orders. 172 Ill. 2d R. 335. The
Board’s procedural rules provide that motions for the Board to reconsider or modify its final
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orders may be filed with the Board within 35 days after the order is received. 35 Ill. Adm. Code
101.520;
see also
35 Ill. Adm. Code 101.902, 102.700, 102.702.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above opinion and order on July 6, 2006, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
