ILLINOIS POLLUTION CONTROL BOARD
    November 7, 2002
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    FERRARA PAN CANDY COMPANY,
     
    Respondent.
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    PCB 02-185
    (Enforcement - Air)
          
     
    OPINION AND 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 5/31.1(c) (2000)
    as amended by
    P.A. 92-0574, eff. June 26, 2002; 35 Ill. Adm. Code
    108.202(c). 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). The Board provided
    notice of the stipulation, proposed settlement, and request for relief. The newspaper notice was
    published in the
    Chicago Sun-Times
    on October 4, 2002. The Board did not receive any requests
    for hearing. The Board grants the parties’ request for relief from the hearing requirement.
    See
     
    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).
     
    Section 103.302 of the Board’s procedural rules sets forth the required contents of
    stipulations and proposed settlements. 35 Ill. Adm. Code 103.302. These requirements include
    stipulating to facts on the nature, extent, and causes of the alleged violations and the nature of
    Ferrara’s operations. Section 103.302 also requires that the parties stipulate to facts called for by
    Section 33(c) of the Act (415 ILCS 5/33(c) (2000)). The People and Ferrara have satisfied
    Section 103.302. Ferrara neither admits nor denies the alleged violations and agrees to pay a
    civil penalty of $371,688. The Board accepts the stipulation and proposed settlement.
     
    This opinion constitutes the Board’s findings of fact and conclusions of law.
     
     
      
     
    2
    ORDER
     
    1.
    The Board accepts and incorporates by reference the stipulation and proposed
    settlement.
     
    2.
    Ferrara must pay a civil penalty of $371,688.00 no later than December 9, which
    is the 30th day after the date of this order. Ferrara must pay the civil penalty by
    certified check or money order, payable to the Environmental Protection Trust
    Fund. The case number, case name, and Ferrara’s social security number or
    federal employer identification number must be included on the certified check or
    money order.
     
    3.
    Ferrara must send the certified check or money order to:
     
     
      
    Illinois Environmental Protection Agency
    Fiscal
    Services
    Division
     
      
    1021 North Grand Avenue East
    P.O.
    Box
    19276
    Springfield,
    Illinois
    62794-9276
     
    4.
    Penalties unpaid within the time prescribed will accrue interest under Section
    42(g) of the Environmental Protection Act (415 ILCS 5/42(g) (2000)) at the rate
    set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)
    (2000)).
     
    5.
    Ferrara must cease and desist from the alleged violations.
     
    IT IS SO ORDERED.
     
    Board Member W.A. Marovitz concurred.
     
    Section 41(a) of the Environmental Protection Act provides that final Board orders may
    be appealed directly to the Illinois Appellate Court within 35 days after the Board serves the
    order. 415 ILCS 5/41(a) (2000);
    see also
    35 Ill. Adm. Code 101.300(d)(2), 101.906, 102.706.
    Illinois Supreme Court Rule 335 establishes filing requirements that apply when the Illinois
    Appellate Court, by statute, directly reviews administrative orders. 172 Ill. 2d R. 335. The
    Board’s procedural rules provide that motions for the Board to reconsider or modify its final
    orders may be filed with the Board within 35 days after the order is received. 35 Ill. Adm. Code
    101.520;
    see also
    35 Ill. Adm. Code 101.902, 102.700, 102.702.
     
      
     
     
      
    3
     
     
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above opinion and order on November 7, 2002, by a vote of 6-0.
     
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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