ILLINOIS POLLUTION CONTROL BOARD
November 15, 2001
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
CHIQUITA PROCESSED FOODS, L.L.C.,
Respondent.
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PCB 02-56
(Enforcement - Water)
ORDER OF THE BOARD (by C.A. Manning):
On November 9, 2001, the Office of the Attorney General, on behalf of the People of the
State of Illinois (People), filed a complaint against Chiquita Processed Foods, L.L.C. (Chiquita).
See
415 ILCS 5/31(c)(1) (2000); 35 Ill. Adm. Code 103.204. The People allege that Chiquita
violated Sections 12(a), 12(d), 12(f) of the Environmental Protection Act (Act) (415 ILCS
5/12(a), 12(d), 12(f) (2000)) and Sections 302.202, 302.204, 302.206, 304.106, 304.141(a) of the
Board’s water pollution regulations and standard condition 5 of attachment H of the National
Pollutant Discharge Elimination System (NPDES) permit. The complaint concerns Chiquita’s
pumpkin processing facility in Princeville, Peoria County.
The Board accepts the complaint for hearing.
See
35 Ill. Adm. Code 103.212(c). A
respondent’s failure to file an answer to a complaint within 60 days after receiving the complaint
may have severe consequences. Generally, if Chiquita fails within that timeframe to file an
answer specifically denying or asserting insufficient knowledge to form a belief of a material
allegation in the complaint, the Board will consider Chiquita to have admitted the allegation. 35
Ill. Adm. Code 103.204(d). The Board directs the hearing officer to proceed expeditiously to
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 November 15, 2001, by a vote of 7-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board