ILLINOIS POLLUTION CONTROL BOARD
    May 1, 2003
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    CHIQUITA PROCESSED FOODS, LLC, a
    Wisconsin limited liability corporation,
     
    Respondent.
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    PCB 02-56
    (Enforcement - Water)
          
     
    ORDER OF THE BOARD (by T.E. Johnson):
     
    On November 9, 2001, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a complaint against Chiquita Processed Foods, LLC, a Wisconsin
    limited liability corporation (Chiquita).
    See
    415 ILCS 5/31(c)(1) (2002); 35 Ill. Adm. Code
    103.204. The People allege that Chiquita violated Sections 12(a),(d) and (f) of the Illinois
    Environmental Protection Act (Act) (415 ILCS 5/12(a),(d),(f) (2002)); and 35 Ill. Adm. Code
    302.203, 302.204, 302.206, 304.106 304.141(a). The People further allege that Chiquita violated
    these provisions by releasing pumpkin processing waste to Prince Run Creek in Peoria County.
    The complaint concerns Chiquita’s vegetable processing facility in Princeville, Peoria County.
     
    On April 22, 2003, the People 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) (2002). This filing is authorized by Section 31(c)(2) of the Act. 415 ILCS 5/31(c)(2)
    (2002);
    See
    35 Ill. Adm. Code 103.300(a). Under the proposed stipulation, Chiquita neither
    admits nor denies the alleged violations but agrees to pay a civil penalty of $105,000. Chiquita
    also agrees to pay $8,234.76 for the recovery of fish killed and investigation expenses.
     
    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) (2002); 35 Ill. Adm. Code 103.300(b), (c). The Board directs the
    Clerk of the Board to provide the required notice.
     
     
      
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    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 1, 2003, by a vote of 7-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board
     

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