THIS CIVIL ACTION IS BEING BROUGHT AGAINST THE HERMAN GOELITZ CANDY COMPANY, A PRIVATELY-HELD FAMILY BUSINESS FAMED FOR PRODUCING JELLY BELLY JELLY BEANS. GOELITZ EXPANDED SIGNIFICANTLY FROM 1994-1997, RESULTING IN AN INCREASE OF VOC EMISSIONS BEYOND THE MAJOR SOURCE THRESHOLDS, BUT FAILED TO OBTAIN THE NECESSARY AUTHORITY-TO-CONSTRUCT (ATC) OR INSTALL LOWEST ACHIEVABLE EMISSION RATE (LAER). IN AN ATC ISSUED ON 4/21/99 BY THE BAY AREA AIR QUALITY MANAGEMENT DISTRICT (BAAQMD), GOELITZ WAS REQUIRED TO INSTALL A CATALYTIC THERMAL OXIDIZER (CTS) AND CAPTURE THE VOCS FROM ITS FINISHING/POLISHING AREA (5-6). REGION 9'S PROPOSED RELIEF INCLUDES MODIFYING THIS ATC TO INCLUDE CONTROLLING VOC EMISSIONS FROM THE KITCHEN AREA.REGION 9 ALSO IS REQUESTING A PENALTY OF $323,900 TO RECOVER ECONOMIC BENEFIT AND MITGATE GRAVITY