ILLINOIS POLLUTION CONTROL BOARD
    May 2, 2002
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    FERRARA PAN CANDY COMPANY,
     
    Respondent.
    )
    )
    )
    )
    )
    )
    )
    )
    )
     
     
     
     
     
    PCB 02-185
    (Enforcement - Air)
     
    ORDER OF THE BOARD (by C.A. Manning):
     
    On April 23, 2002, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a nine-count complaint against Ferrara Pan Candy Company
    (Ferrara).
    See
    415 ILCS 5/31(c)(1) (2000); 35 Ill. Adm. Code 103.204. The People allege
    that Ferrara violated various provisions of the Environmental Protection Act, the Board’s air
    pollution regulations, and its Federally Enforceable State Operating Permit. The People
    further allege that Ferrara violated these provisions by emitting volatile organic material
    through the uncontrolled operation of its equipment. The complaint concerns Ferrara’s candy
    manufacturing facility located at 7301 West Harrison Street, Forest Park, Cook 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 Ferrara 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 Ferrara 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 May 2, 2002, by a vote of 7-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

    Back to top