ILLINOIS POLLUTION CONTROL BOARD
    June 1, 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)
    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 People allege that Perfetti Van Melle violated Section 9(a) and (b), 9.8(b), and
    39.5(6)(b) of the Environmental Protection Act (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)).
    See
    35 Ill. Adm. Code 103.300(a). Under the proposed
    stipulation, the Perfetti Van Melle neither admits nor denies the alleged violations but 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) and $1,800 for the 2004 annual air pollution site fee.
    Unless the Board determines that a hearing is needed, the Board must cause notice of the
    stipulation, proposed settlement, and request for relief from the hearing requirement. Any person
    may file a written demand for hearing within 21 days after receiving the notice. If anyone timely
    files a written demand for hearing, the Board will deny the parties’ request for relief and hold a
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    hearing. 415 ILCS 5/31(c)(2) (2000); 35 Ill. Adm. Code 103.300(b), (c). The Board directs the
    Clerk of the Board to provide the required notice.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on June 1, 2006, by a vote of 4-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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