ILLINOIS POLLUTION CONTROL BOARD
    January 7, 2010
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    KRAFT FOODS GLOBAL, INC.,
    Respondent.
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    PCB 07-124
    (Enforcement - Water)
    OPINION AND ORDER OF THE BOARD: (by C.K. Zalewski):
    On June 5, 2007, the Office of the Attorney General, on behalf of the People of the State
    of Illinois (People), filed a seven-count complaint against Kraft Foods Global, Inc. (Kraft).
    See
    415 ILCS 5/31(c)(1) (2008); 35 Ill. Adm. Code 103.204. The complaint concerns discharges in
    2005 of various process wastewaters from respondent’s food processing and production facility,
    located at 1555 West Ogden Avenue, Naperville, DuPage County. The parties now seek to settle
    without a hearing. For the reasons below, the Board accepts the parties’ stipulation and proposed
    settlement.
    Under the Environmental Protection Act (Act) (415 ILCS 5 (2008
    1
    )), the Attorney
    General and the State’s Attorneys may bring actions before the Board to enforce Illinois’
    environmental requirements on behalf of the People.
    See
    415 ILCS 5/31 (2008); 35 Ill. Adm.
    Code 103. In this case, the People allege that Kraft violated Section 12(a), 12(d), and 12(f) of
    the Act (415 ILCS 12(a), 12(d), 12 (f) (2008)) and the Board’s regulations at 35 Ill. Adm. Code
    302.203, 304.105, 304.106, 304.120(a), 306.102(a), 306.102(b) and Section 309.102(a) by (1)
    causing, allowing or threatening to cause water pollution, and (2) depositing process wastewater
    on the land in such place and manner so as to create a water pollution hazard, (3) discharging
    process wastewater without a permit under the National Pollutant Discharge Pollution
    Elimination System, (4) failing to take remedial action to repair its treatment works and
    associated facilities in a timely manner, (5) to avoid causing violations of applicable standards,
    including the (6) failing to employ entrapment dikes in sewers or to take other reasonable
    measures to prevent any spillage of contaminants from causing water pollution, and (7)
    discharging effluent at levels in excess of the standards for five-day biochemical oxygen demand
    and total suspended solids.
    On November 12, 2009, the People and Kraft 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) (2008)). This filing is authorized by Section 31(c)(2) of the Act (415 ILCS
    1
    All citations to the Act will be to the 2008 compiled statutes, unless the provision at issue has
    been substantively amended in the 2008 compiled statutes.
    2
    5/31(c)(2) (2008)), which requires that the public have an opportunity to request a hearing
    whenever the State and a respondents propose settling an enforcement action without a public
    hearing.
    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
    Naperville Sun
    on December 4, 2009. 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) (2006); 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.
    See
    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 respondent’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) (2008)), which bears on the
    reasonableness of the circumstances surrounding the alleged violations. The stipulation also
    addresses the factors of Section 42(h) of the Act (415 ILCS 5/42(h) (2008)), which may mitigate
    or aggravate the civil penalty amount. Kraft does not admit the alleged violations, but agrees to
    pay a civil penalty of $84,570.00. The People and respondent have satisfied Section 103.302.
    The Board accepts the stipulation and proposed settlement.
    This opinion constitutes the Board’s findings of fact and conclusions of law.
    ORDER
    1.
    The Board accepts and incorporates by reference the stipulation and proposed
    settlement filed with the Board November 12, 2009.
    2.
    Kraft Foods Global, Inc. must pay a civil penalty of $84,570.00 for the alleged
    violations no later than February 8, 2010, which is the first business day following
    the 30th day after the date of this order. Respondent Kraft must pay the civil
    penalty by certified check or money order payable to the Illinois Environmental
    Protection Agency, designated to the Illinois Environmental Protection Trust
    Fund. The case name, case number, and respondent Kraft’s Federal Tax
    Identification Number must appear on the face of the certified check or the money
    order.
    3.
    Respondent Kraft must submit payment of the civil penalty to:
    Illinois Environmental Protection Agency
    Fiscal Services Division
    1021 North Grand Avenue East
    P.O. Box 19276
    Springfield, Illinois 62794-9276
    Respondent Kraft must send a copy of the certified check or money order and any
    transmittal letter to:
    3
    Stephen J. Sylvester
    Environmental Bureau
    Illinois Attorney General’s Office
    69 West Washington Street, Suite 1800
    Chicago, Illinois 60602
    4.
    Penalties unpaid within the time prescribed will accrue interest under Section
    42(g) of the Environmental Protection Act (415 ILCS 5/42(g) (2008)) at the rate
    set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)
    (2008)).
    5.
    Respondent Kraft 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) (2008);
    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.
    I, John Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that the
    Board adopted the above opinion and order on January 7, 2010, by a vote of 5-0.
    ___________________________________
    John Therriault, Assistant Clerk
    Illinois Pollution Control Board

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