ILLINOIS POLLUTION CONTROL BOARD
    January 18, 2001
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    FERRARA PAN CANDY COMPANY,
    INC., an Illinois corporation,
    Respondent.
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    PCB 01-97
    (Enforcement – Water)
    OPINION AND ORDER OF THE BOARD (by C.A. Manning):
    On December 20, 2000, the People of the State of Illinois (People) filed a six-count
    complaint against respondent Ferrara Pan Candy Company, Inc. (Ferrara), a candy
    manufacturer. The complaint alleges Ferrara caused water pollution, created a water pollution
    hazard and offensive conditions, discharged a contaminant without a permit, and failed to
    implement reliable systems at its facility located at 3000 West Washington Boulevard,
    Bellwood, Cook County, Illinois. These actions are in alleged violation of Sections 12(a), (d),
    and (f) of the Environmental Protection Act (Act) (415 ILCS 5/12(a), (d), (f) (1998)) and the
    Board’s water pollution regulations at 35 Ill. Adm. Code 302.203, 304.102, 304.105,
    304.106, and 309.102(a).
    On December 20, 2000, the parties also 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)). Pursuant to Section 31(c)(2) of the Act (415 ILCS
    5/31(c)(2) (1998)), the Board caused publication of the required newspaper notice of the
    stipulation and proposal for settlement and request for relief from the hearing requirement.
    The notice appeared in The
    Sun-Times
    on December 22, 2000. The Board did not receive any
    requests for hearing. Accordingly, the Board grants a waiver from the hearing requirement.
    The stipulation and proposal for settlement sets forth the facts relating to the nature,
    operations, and circumstances surrounding the allegations in the complaint. In the proposed
    stipulation Ferrara neither admits nor denies the allegations contained in counts I, II, IV, and V of
    the complaint. Ferrara admits the violations alleged in counts III and VI of the complaint,
    discharging a contaminant without a permit and causing offensive conditions. Ferrara agrees to
    pay a civil penalty of $15,000.
    The Board accepts the stipulation and proposal for settlement filed by the parties in this
    matter. Ferrara must continue to comply with any federal, State, or local regulations
    including, but not limited to, the Act and the Board’s regulations.
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    This opinion constitutes the Board’s findings of fact and conclusions of law in this
    matter.
    ORDER
    1.
    The Board hereby accepts the stipulation and settlement agreement executed by
    the People of the State of Illinois and Ferrara. The stipulation and settlement
    agreement is incorporated by reference as though fully set forth herein.
    2.
    Ferrara must pay a civil penalty of $15,000. Payment must be made within 30
    days of the date of this order, that is, on or before February 17, 2001. Such
    payment must be made by certified check or money order payable to the Illinois
    Environmental Protection Agency. The case number, case name, and Ferrara’s
    Federal Employer Identification number 363331581 must also be included on
    the certified check or money order and clearly indicate that payment is directed
    to the Environmental Protection Trust Fund.
    3.
    The check or money order must be sent by first class mail to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    1021 North Grand Avenue East
    P.O. Box 19276
    Springfield, Illinois 62794-9276
    A copy of the payment transmittal and check shall be simultaneously submitted
    to:
    Office of the Attorney General
    Kelly Cartwright, Environmental Bureau
    188 West Randolph Street, 20th floor
    Chicago, Illinois 60601
    4.
    Any such penalty not paid within the time prescribed incurs interest at the rate
    set forth in subsection (a) of Section 1003 of the Illinois Income Tax Act, (35
    ILCS 5/1003 (1998)), as now or hereafter amended, from the date payment is
    due until the date payment is received. Interest does not accrue during the
    pendency of an appeal during which payment of the penalty has been stayed.
    5.
    Ferrara must cease and desist future alleged violations of any federal, State, or
    local statutes and regulations.
    6.
    In the event Ferrara fails to comply with the payment terms of this order,
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    Ferrara must pay a stipulated penalty of $100 per day for each of the first 30
    days of non-payment, $500 per day for each of the following 30 days of non-
    payment, and $1000 per day of non-payment thereafter.
    IT IS SO ORDERED.
    Section 41 of the Environmental Protection Act (415 ILCS 5/41 (1998)) provides for
    the appeal of final Board orders to the Illinois Appellate Court within 35 days of the date of
    service of this order. Illinois Supreme Court Rule 335 establishes such filing requirements.
    See 172 Ill. 2d R. 335; see also 35 Ill. Adm. Code 101.520, Motions for Reconsideration.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above opinion and order was adopted on the 18th day of January 2001 by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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