ILLINOIS POLLUTION CONTROL BOARD
    January 4, 2001
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    FERRARA PAN CANDY COMPANY,
    INC., an Illinois corporation,
    Respondent.
    )
    )
    )
    )
    )
    )
    )
    )
    )
    )
    PCB 01-97
    (Enforcement – Water)
    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 People, along with Ferrara, 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)). 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 proposes
    to pay a $15,000 penalty.
    Pursuant to Section 31(c)(2) of the Act, the complainant may file with the Board a
    stipulation and proposal for settlement accompanied by a request for relief from the hearing
    requirement. 415 ILCS 5/31(c)(2) (1998). Unless the Board determines that a hearing is
    needed, the Board is required to publish notice of the stipulation and proposal for settlement
    and request for relief from the hearing requirement.
    Accordingly, the Board directs the Clerk of the Board to cause publication of the required
    newspaper notice. Any person may file a written demand for hearing within 21 days of the
    published notice. If a hearing is requested, the Board will deny the parties’ request for relief and
    schedule a hearing
    2
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above order was adopted on the 4th day of January 2001 by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

    Back to top