ILLINOIS POLLUTION CONTROL BOARD
    September 19, 2002
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    FERRARA PAN CANDY COMPANY,
     
    Respondent.
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    PCB 02-185
    (Enforcement - Air)
     
    ORDER OF THE BOARD (by M.E. Tristano):
     
    On April 23, 2002, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a complaint against Ferrara Pan Candy Company (Ferrara).
    See
     
    415 ILCS 5/31(c)(1) (2000)
    as amended by
    P.A. 92-0574, eff. June 26, 2002; 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.
     
    On September 12, 2002, the People and Ferrara 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)
    as amended by
    P.A. 92-0574, eff. June 26, 2002). This
    filing is authorized by Section 31(c)(2) of the Act (415 ILCS 5/31(c)(2) (2000)
    as amended by
     
    P.A. 92-0574, eff. June 26, 2002).
    See
    35 Ill. Adm. Code 103.300(a). Under the proposed
    stipulation, Ferrara neither admits nor denies the alleged violations but agrees to pay a civil
    penalty of $371,688.00.
     
    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 relief and hold a
    hearing. 415 ILCS 5/31(c)(2) (2000)
    as amended by
    P.A. 92-0574, eff. June 26, 2002; 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 September 19, 2002, by a vote of 7-0.
     
     
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    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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