ILLINOIS POLLUTION CONTROL BOARD
    April 19, 2001
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    NESTLE USA, INC., a Delaware
    corporation,
    Respondent.
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    PCB 01-80
    (Enforcement – Water)
    ORDER OF THE BOARD (by N.J. Melas):
    On November 9, 2000, the People of the State of Illinois (People) filed a three-count
    complaint against respondent Nestle USA, Inc. (Nestle). The complaint alleges that, on
    October 1, 2000, Nestle caused or allowed the discharge of approximately 200,000 gallons of
    pumpkin processing waste into Bull Run Creek near Morton, Tazewell County, Illinois. This
    activity was in alleged violation of Section 12(d) of the Environmental Protection Act (Act)
    (415 ILCS 5/12(d) (1998)), and the Board’s regulations at 35 Ill. Adm. Code 302.203,
    302.204, 302.206, and 304.106.
    Also on April 13, 2001, the parties filed a stipulation and proposal for settlement,
    accompanied by a motion requesting relief from the hearing requirement of Section 31(c)(1) of
    the Act (415 ILCS 5/31(c)(1) (1998)). Nestle neither admits nor denies the alleged violations
    in the complaint but proposes to pay a $50,000 penalty.
    Pursuant to Section 31(c)(2) of the Act, the complainant may file with the Board a
    stipulation and proposal for settlement accompanied by a request for relief from the hearing
    requirement. (415 ILCS 5/31(c)(2) (1998)). Unless the Board determines that a hearing is
    needed, the Board is required to publish notice of the stipulation and proposal for settlement
    and request for relief from the hearing requirement.
    Accordingly, the Board directs the Clerk of the Board to cause publication of the
    required newspaper notice. Any person may file a written demand for hearing within 21 days
    of the published notice. If a hearing is requested, the Board will deny the parties’ request for
    relief and schedule a hearing.
    IT IS SO ORDERED.
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    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above order was adopted on the 19th day of April 2001 by a vote of 6-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control
    Board

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