ILLINOIS POLLUTION CONTROL BOARD
    May 17, 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)
     
    OPINION AND 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, (and on several occasions prior to 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
    Sections 12(a) and 12(d) of the Environmental Protection Act (Act) (415 ILCS 5/12(a) and
    5/12(d) (1998)), and the Board’s regulations at 35 Ill. Adm. Code 302.203, 302.204, 302.206,
    and 304.106.
     
    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)). 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 Morton Times-News
    on April 18, 2001. 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. Nestle neither
    admits nor denies the violations alleged by the People, but agrees to pay a civil penalty of
    $50,000. Nestle also agrees to pay $499.82 for recovery of fish that were killed and for
    investigation expenses.
     
    The Board accepts the stipulation and proposal for settlement filed by the parties in this
    matter. Nestle must continue to comply with any federal, State, or local regulations including,
    but not limited to, the Act and the Board’s regulations.
     
     
    This opinion constitutes the Board’s findings of fact and conclusions of law in this
    matter.
     
    2
     
    ORDER
     
    1.
    The Board hereby accepts the stipulation and settlement agreement executed by
    the People of the State of Illinois and Nestle. The stipulation and settlement
    agreement is incorporated by reference as though fully set forth herein.
     
    2.
    Nestle must pay a civil penalty of $50,000. Payment must be made within 30
    days of the date of this order, that is, on or before June 16, 2001. Such
    payment must be made by certified check or money order payable to the Illinois
    Environmental Protection Agency, for deposit in the Environmental Protection
    Trust Fund. The case number, case name, and Nestle’s Federal Employer
    Identification number 95-1572209 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
    Donna Lutes, Environmental Bureau
    500 South Second Street
    Springfield, Illinois 62706
     
    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.
    Nestle must perform the corrective action plan outlined at Exhibit A of the
    stipulation and proposal for settlement.
     
    6.
    Nestle must pay $499.82 to the State of Illinois Fish and Wildlife Fund for
    recovery of the fish that were killed and for investigation expenses incurred as a
    result of the pumpkin processing waste spill into Bull Run Creek. Payment must
    be made within 30 days of the date of this order, that is, on or before June 16,
     
    3
    2001. Such payment must be made by certified check or money order payable
    to the Treasurer of the State of Illinois, for deposit in the State of Illinois Wildlife
    and Fish Fund. The check or money order must be sent to the Illinois
    Environmental Protection Agency at the address listed in Part 3 of this order. A
    copy of the check or money order must be sent to the Office of the Attorney
    General at the address listed in Part 3 of this order.
     
    7.
    Nestle must cease and desist future alleged violations of any federal, State, or
    local statutes and regulations.
     
    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 17th day of May 2001 by a vote of 7-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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