ILLINOIS POLLUTION CONTROL BOARD
    June 5, 2003
     
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    CHIQUITA PROCESSED FOODS, L.L.C.,
     
    Respondent.
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    PCB 02-56
    (Enforcement - Water)
     
     
    OPINION AND 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, L.L.C. (Chiquita
    Processed Foods).
    See
    415 ILCS 5/31(c)(1) (2002); 35 Ill. Adm. Code 103.204. The People
    allege that Chiquita Processed Foods violated Sections 12(a), (d) and (f) of the Environmental
    Protection Act (Act) (415 ILCS 5/12(a), (d), and (f) (2002)) and 35 Ill. Adm. Code 302.203,
    302.204, 302.206, 304.106, and 304.141(a). The People further allege that Chiquita Processed
    Foods violated these provisions by releasing pumpkin processing waste to Prince Run Creek in
    Peoria County. The complaint concerns Chiquita Processed Foods’ vegetable processing facility
    in Princeville, Peoria County.
     
    On April 22, 2003, the People and Chiquita Processed Foods 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). The Board
    provided notice of the stipulation, proposed settlement, and request for relief from hearing. The
    Board published newspaper notice in the
    Peoria Journal Star
    on April 28, 2003. 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) (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
    Chiquita Processed Foods’ 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 Chiquita
    Processed Foods have satisfied Section 103.302. Chiquita Processed Foods neither admits nor
    denies the alleged violations and agrees to pay a civil penalty of $105,000. Chiquita Processed
    Foods further agrees to pay $8,234.76 for the fish killed and investigative expenses. 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. Chiquita Processed Foods must pay a civil penalty of $105,000 no later than
    July 7, 2003, which is the first business day following the 30th day after the date
    of this order. Chiquita Processed Foods must pay the civil penalty by certified
    check or money order, payable to the Environmental Protection Trust Fund. The
    case number, case name, and Chiquita Processed Foods’ federal employer
    identification number must be included on the certified check or money order.
     
    3. Chiquita Processed Foods must pay a civil penalty of $8,234.76 no later than
    July 7, 2003, which is the first business day following the 30th day after the date
    of this order. Chiquita Processed Foods must pay the civil penalty by certified
    check or money order, payable to the State of Illinois Wildlife and Fish Fund.
    The case number, case name, and Chiquita Processed Foods’ federal employer
    identification number must be included on the certified check or money order.
     
    4. Chiquita Processed Foods must send the certified checks or money orders to:
     
    Illinois Environmental Protection Agency
    Fiscal Services Division
    1021 North Grand Avenue East
    P.O. Box 19276
    Springfield, Illinois 62794-9276
     
    5. Penalties unpaid within the time prescribed will accrue interest under Section
    42(g) of the Environmental Protection Act (415 ILCS 5/42(g) (2002)) at the rate
    set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)
    (2002)).
     
    6. Chiquita Processed Foods must cease and desist from the alleged violations.
     
    IT IS SO ORDERED.
     
    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) (2002);
    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 June 5, 2003 by a vote of 6-0.
     
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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