ILLINOIS POLLUTION CONTROL BOARD
    June 6, 2002
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    GOELITZ CONFECTIONERY COMPANY,
    and GOELITZ CONFECTIONERY
    EXPORT COMPANY, INC, Illinois
    corporations,
     
    Respondents.
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    PCB 00-227
    (Enforcement - Air)
     
    ORDER OF THE BOARD (by T.E. Johnson):
     
    On June 28, 2000, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a complaint against Goelitz Confectionery Company and Goelitz
    Confectionery Export Company (respondents).
    See
    415 ILCS 5/31(c)(1) (2000); 35 Ill. Adm.
    Code 103.204. The People allege in the complaint that respondents violated Sections 9(a) and
    (b), and 39.5(6)(b) of the Environmental Protection Act (Act) (415 ILCS 5/9(a), (b) and
    39.5(6)(b) (2000)), as well as 35 Ill. Adm. Code 201.141, 201.142, 201.143, 201.144,
    201.302(a), 205.310, 218.986, 254.201, 254.202, 270.201 and 270.301(a). In the
    stipulation’s terms of settlement, the respondent admits that violations occurred as alleged in
    the complaint.
     
    The People further allege that the respondents violated these provisions by discharging
    or emitting volatile organic material (VOM) from the facility into the environment from the
    uncontrolled operation of 54 engrossers and 39 polishing units during the cooking, flavoring,
    coloring and polishing of the confection products they produce and distribute. The complaint
    concerns respondents’ confectionery facility at 1501 Morrow Avenue, North Chicago, Lake
    County.
     
    On May 16, 2002, the People and the respondents filed a stipulation and proposed
    settlement, accompanied by a request for relief from the hearing requirement of Section
    31(c)(1) of the Act (415 ILCS 5/31(c)(1) (2000)). This filing is authorized by Section 31(c)(2)
    of the Act (415 ILCS 5/31(c)(2) (2000)).
    See
    35 Ill. Adm. Code 103.300(a).
     
    Unless the Board determines that a hearing is needed, the Board must cause notice of
    the stipulation, proposed settlement, and request for relief from the hearing requirement. Any
    person may file a written demand for hearing within 21 days after receiving the notice. If
    anyone timely files a written demand for hearing, the Board will deny the parties’ request for
     
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    relief and hold a hearing. 415 ILCS 5/31(c)(2) (2000); 35 Ill. Adm. Code 103.300(b), (c).
    The Board directs the Clerk of the Board to provide the required notice.
     
    IT IS SO ORDERED.
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the
    Board adopted the above order on June 6, 2002, by a vote of 7-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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