ILLINOIs
POLLU ~iJON
C)NTROL
BOARD
June
107
1982
CHICAGO HOSPITAL
COUNCIL,
)
Petit:ioner,
PCB
81~-16O
ILLINOIS
ENVIRONMENTAL
PROTECTION
AGENCY,
Respondent.
RICHARD
M. KRIEG
TESTIFIED
ON
BEHALF
OF THE
PETITIONER:
DONALD
L.
GIMBEL
APPEARED ON BEHALF OF RESPONDENT.
OPINION
AND
ORDER
OF
THE BOARD
(by J.
Anderson):
This
matter comes before
the Board on
the
petition
for
variance
filed
by
the Chicago Hospital Council
(CHC)
on behalf of
several hospitals seeking
relief
from
Rule
902
and 903 of Chapter
9:
Special Waste,
which prohibits the
deposit
of
“hazardous
(infectious)
hospital
waste~ (HIUW)
in
any
Illinois
landfill.
The
original petition, filed October
lr
:1981 sought
relief on behalf
of 47 unnamed hospitals.
An amended petition,
filed December
4,
1981, pursuant to the Board~sOrder of October 22, 1981,
noting
certain other deficiencies,,
sought
relief on behalf of 31 named
hospitals.
This amended petition was
also found to be deficient,
and on December 17, 1981 the Board on its own motion directed
that the matter proceed to hearing, at which such deficiencies
could be corrected and
public comment heard,
On February 26,
1982
the Agency filed
its
Recommendation that variance be denied, on
the grounds that the petition “is for the most part insufficient
to allow the Agency
to
make
an
adequate
Recommendation’s.
Hearing was held
in this
matter
on May
3,
1982 at which no
members of the public were
present.
At hearing, on stipulation
of the parties, affidavits
from 10 hospital administrators were
presented
in lieu
of live testimony,
On
the hearing record, the
Agency amended its Recommendation to support grant of variance
from Rules
902 and 903
of Chapter
9
to each of the
10
hospitals
for the periods of time indicated in their respective affidavits.
Of the
10
hospitals
involved,
8 are located in
Chicago, and
are Swedish Covenant
Hospital,
Henrotin Hospital,
Martha Washington
Hospital,
Hospital of
Engiewood,
Ravenswood Hospital, Columbus
Hospital,
Frank Cuneo
Hospital,
and St.
Francis X. Cabrini Hospital.
47~241
The
other
2
hospitals
are
OoLtl:~E~b
~cnorial
Hospital
in
Meirose
Park
and
Oak
Park
FIosp~a.
in
Oa~F~a~k~
Tu
~woid
any
confusion
as
to
the
exact
coverage
of
this
Opinion
and
Order,
the
Board
hereby
joins
the
10
hospitals
as
parties
in
this
action
pursuant
to
Procedural
Rule
30~(c).
Part
IX
of
Chapter
9, prohibiting
the
landfill
disposal
of HIHW and
providing
for
its
disposal
by
incineration
and
sterilization,
became
effective
January
1,
1981 to implement the
legislative
prohibition
of
Section
21U)
of
the
Act
(as
presently
codified)
effective
the
same
day.
~Ul
Illinois
hospitals
were
given a one~year
variance from these rules, adopted
as emergency
rules only shortly before
the
statutory deadline,
in Mercy
Hospital, et
a..
v~.
IEPA, PCB 80~2i8
(December
19,
1980 and
January 22,
1981),
to allow for
orderly,~environmentally sound
disposal of waste
pending development of compliance
plans.
The
original
and
deended
pet~tions
submitted
by
the
CHC
stated
that
the
CHC
had
begun
invest:Lgating
possible
solutions
to
the
waste
disposal
problems of its 103 members
beginning
in
fall,
1980.
By
January,
1981
CHC
had
explored
the initial feasibility
of building
and operating a non~protithospital waste
incinerator.
This was to be
a ~Waste~to~Snergv~ project, wherein incineration
modules would be
sited near CHC~sexisting Hospital
Laundry
Services
operations,
which
are
iocat~a
at 2500 W.
Addison
and
4441 W,
Chicago in Chicago~
HIHW
was
to be incinerated
and steam
generated for
the laundry~suse, which would offset
a significant
portion of
the
laundry~s
natura. qas costs.
In May,
1981 the
47
hospitas
ai:tuded
to
in
the
original
petition had
indicated
interest
in
the
project,
and
CHC
commis-
sioned a
final
technical/engineering
feasibility study.
The
report was completed in October,
1981,
and anticipated that an
incinerator could
he on line by the third or
fourth
quarter of
1982.
Variance
was accordingly requested until
January 1,
1983.
The information
presented at hearing
would indicate that the
“Waste—to—Energy~
project has been abandoned for
one reason or
another.
Each of
the 10 hospitals presenting evidence
at hearing
had participated
in project discussions during the
period of the
Merc~Ho~pital
variance~but each has arrived at
compliance
decisions which do
not involve the p:roposed CHC incinerator.
Swedish
Covenant Hospital,
5145
N.
California,
Chicago is a
324 bed,
26 bassinet
general
acute care
hospital generating 20
pounds of
HIHW
daily.
This waste is currently
being disposed of
by Garden City Waste
Disposal Co. and City Waste
Systems,
Inc.
The hospital
has determined that installation
of a hazardous
waste sterilizer
is the most effective
compliance option, and has
ordered a sterilizer whose
purchase
and installation will cost
$14,706.
It
seeks variance
until July 1,
1982, to allow for the
sterilizer~sdelivery
and
installation.
47~242
3
Uanrct±nCnji’-sü~
1
!
.c
~
3.,
(L.eago, is c 201
medical—surgical bad ç.t.uot
U
I Ct:
t
Ca~o
ho.2ita1 ~j3nerating125
pounds
of HIHti daily.
Sic
~jaste
is currently being hauled by
Acme
Scavenger
Sarvice
fur
disposal
at a
landfill
operated
by
strikin
International
•
Wenrotin
determined that
its
existing
incinerator could not qtutlify for the class of
permit
necessary
to
allow
for lawful incirnr;’ion of its flImi.
It accordingly
has contracted for
rem~nl
of thn i’sctnorator
and
installation
of
a
sterilizer,
which wa’ anticipated to be on
line
May
11, 1982.
Costs expended in pursuit
of
compliance,
including consulting
fees and facility remodeling, have been $30,506.00.
Martha Washington Hospital, 4055 N. Western
Ave., Chicago,
is a 199
bed general
acute
care hospital generating 20 pounds of
MIMI!
daily.
This
waste is currently
disposed
of by
Garden
City
Disposal Co., Inc.
Laboratory waste, needles
and
syringes
are
currently being sterilized prior to disposal, but the hospital
lacks sterilizer capacity to treat the remainder of its
MINI!.
This hospital also has chosen to purchase a sterilizer, at costs
of $15,106, which is expected to be on line by August 1,
1982.
Hospital of Englewood,
6001
S. Green St., Chicago is a 170
bed, 21
bassinet general acute care
hospital generating
35 pounds
of
MIMI!
daily.
Its
waste
is
currently
being disposed
of
by
Ace
Disposal Systems.
This
hospital
seeks
variance
until
August
1,
1982 to allow it
to
continue
to
explore
compliance options.
It
has
been attempting to determine
whether
its
existing
incinerator
can
be
utilized,
but
has
been
unable
to
get
approval
from
the
City
of
Chicago’ s
Environmental
Control
Division,
as
that body will not
inspect
the
incinerator
until
it
receives
specifications
from
the
agency
stating
what
the
Agency
considers
to
be
an
acceptable
incinerator.
Englewood
would
prefer
to
get
the
City’s
opinion
concerning
the
existing
facility,
prior
to
committing
to
expendi-
tures
of
$37,000
for
a
new
incinerator.
The
hospital
also
continues
to
explore
use
of
commercial
waste
disposal
companies.
Gottlieb
Memorial
Hospital,
8700
W.
North
Ave.,
Melrose
Park,
is
a
283
bed,
42
bassinet
general
acute
care
hospital,
generating
66.3
pounds
of
MIMI!
daily.
Its
waste
is
currently
being
disposed
of by Charles
Lenz and Co.
This hospital
has determined
to
purchase a
sterilizer, to be on-line by September 1, 1982.
Costs
to be incurred, including consulting and site renovation fees,
are estimated
to
be
$119,000.
Oak
Park
Hospital,
520
S.
Maple
Ave.,
Oak
Park,
is
a
375
bed
24
bassinet
hospital
generating
53
•
6
pounds
of
MIMI!
daily.
The
waste
is
currently
hauled
by
Van
Der
Molen
Disposal
Co.
to
a
landfill
for
disposal.
Pathological
waste
is
sterilized
prior
to
disposal,
but
the
hospital
lacks
sterilizer
capacity
to
so
treat
the
remainder of
its
MIMI!.
This
hospital
has
chosen
to
purchase
a
sterilizer,
which
was
ordered
in
March,
1982
and
would
seem
to be expected
to be on line by
September,
1982.
In Oak
47-243
Park~sopinion, the anticipated $15,000 initial cost and $2,000
yearly operation
cost
compares
favorably
with
the
$25,000 yearly
cost for disposal of hazardous waste quoted by P.E,S,
Inc.*
Ravenswood
Hospital,
4550
N.
Winchester, Chicago, is a 462
bed,
19
bassinet general acute care hospital generating 400 lbs
of HIHW
weekly,
which is disposed of in a landfill.
This hospital
has chosen to purchase an incinerator at a cost which has not been
specified, which
is to be installed by June 30,
1982,
Columbus Hospital,
2520 N. Lakeview Ave.,
Chicago,
is a 556
bed,
22 bassinet general acute care hospital, generating 700
pounds of
11111W
weekly.
This waste is hauled by C. Groot,
Inc.
for landfill disposal at CID,
Inc.
The hospital has chosen to
purchase a sterilizer to be operational by November,
1982, with
purchase and installation costs totalling $22,000.
Frank Cuneo Memorial
Hospital,
750 W, Montrose Ave., Chicago,
is a 216 bed general acute care hospital generating 160 pounds of
HIHW weekly,
This
waste
is currently hauled by C. Groot,
Inc.
for landfill disposal by CID,
Inc.
Cuneo plans
to transport its
waste
2 miles south in a Columbus Hospital permitted truck to
Columbus Hospital, where the waste will be rendered innocuous
through sterilization,
The system
is expected to be operational
November
3,
1982.
Francis X.
Cabrini Hospital, 811
S.
Lytle Ave., Chicago,
is
a 213 bed,
25 bassinet general acute care hospital,
generating
200 pounds of
HIHW
weekly.
This waste
is currently hauled by
C.
Groot,
Inc.
for
landfill
disposal
by
CID,
Inc.
Cabrini plans
to transport its
waste
8
miles
south
in
a
Columbus
Hospital
permitted truck to Columbus Hospital, as does Cuneo, effective
November
3,
1982.
The Board finds that each of the hospitals has proven that
denial of variance would impose an arbitrary or unreasonable
hardship.
As each hospital was participating in the CHC proposed,
but seemingly abandoned, plan for centralized disposal of HIHW by
incineration, the Board finds the delay in compliance since the
end of the previous variance period to be justifiable, particularly
since all but one hospital has expeditiously proceeded to pursue
individual compliance options which will be fully implemented
within, at the latest,
five months,
Neither the Agency nor the
public has brought to the Board~sattention indications that harm
*
PES, Inc.
filed a comment May 18,
1982 disputing this
figure, and stating that the hospital was quoted an $11,000 yearly
figure.
It also noted that the $30,000 figure quoted to Martha
Washington by an unnamed firm was high, given that PES’
services
would cost about $6,000,
PES currently contracts with hospitals
to haul HIHW to the TWI incinerator in Sauget,
Illinois.
PES is
of the opinion that continued landfill disposal of HIHW should
not be allowed.
47~244
to
the environment oi t~cpubi ~ctcaJ~I~has resulted from
landfill
disposal of HIHW during the course of ‘~tePCB 80—218 variance
period.
The Board therefoic believe~that variance relief may
be
continued for the short time periods here involved at less
potential risk than w uld
he
in olved by unauthorized disposal
or
storage
of HIFI~, rather than undcr conditions the Board
would
impose
in a variance
Variance is granted
frorr Rule 902 of Chapter
9 to each
of
the
ten above—listed hospitals for the terms and under the
conditions outlined
:~
the attached Order; variance
from
Rule 903
is
denied as unnecessary
Variance is denied as to CHC
itself,
which
needs
none,
and to the 21 hospitals named in the
December
4,
1981
petition
who did not submit evidence at hearing.
Approximately
4
weeks has been added to most hospital~s
requested variance terms, as
a s1igh~cushion for
start~up
delays.
while Henrotin Hospital should,
according to its affidavit, have
been in compliance as of May Ii
1982,
variance is granted
until
July
1, 1982 for like reason.
The situation of the Hospital of Englewood merits
individual
comment,
As Englewood has not sEttled on a permanent compliance
method,
it will be require~to
fun
a compliance plan on or
before
August
1,
1982,
and
will,
be grarted a variance until September 1,
1982.
The Board is concerred
th’it Englewood has seemingly
been
caught in the middle of impeifect communication between the
Agency
and the City of Chicago concern no incinerator requirements,
and
requests that the Agency riake evary effort to clear up any existing
uncertainty on the City~spart to e’iable Englewood to make an
intelligent assessment of its problems and compliance options.
This Opinion constitutes the Board~sfindings of fact and
conclusions
of law in t1~i~
matt~r~
1.
The following hos~italsare hereby joined as petitioners
in
this action:
Swedish Covenant Hospital, Henrotin Hospital,
Martha
Washington Hospital
Hospitai. of Englewood,
Ravenswood
Hospital, Columbus Hospital, Frank Cuneo
Hospital,
and
St.
Francis
X.
Cabrini Hospital, Oak Park Ho~pital,and Gottlieb Memorial
Hospital.
2.
Variance is hereby denied the Chicago Hospital Council
as
unnecessary.
Variance is also denied to those 21
hospitals
named in the amended petition of December
4,
1982
(none of which
are
listed in paragraph
I above),
for failure of proof.
3.
Variance from Rule 902 of Chapter
9:
Special Waste
is
granted
to the following petitioners for the following
periods:
6
July 1,
1982:
Henrotin Hospital;
August
1,
1982:
Swedish Covenant Hospital, Ravenswood Hospital;
September
1,
1982:
Martha Washington
Hospital;
October
1,
1982:
Hospital of Englewood, Gottlieb Memorial
Hospital,
Oak
Park
Hospital;
December
1,
1982:
Columbus Hospital, Frank Cuneo
Memorial
Hospital,
Francis X. Cabrini Hospital;
which variance
is subject to the following conditions:
a)
The Hospital of Engiewood shall submit
to the
Agency on or before August 1,
1982 a
program
(with
increments
of progress) for bringing its disposal
operations into com-
pliance
with hospital waste disposal standards,
Each of the
remaining
hospitals shall
follow the
compliance plan contained
in
its affidavit submitted at the May
3,
1982 hearing in this
matter,
all of which affidavits are
incorporated herein by
reference as if fully set forth,
b)
This variance does not authorize petitioners to
relax the level of control presently provided
by
it
for
the
handling of its wastes.
c)
This variance shall terminate at
such
earlier
time
as
compliance
is achieved,
d)
Hazardous hospital waste must
be
suitably
bagged
or contained so as to prevent the spread of its infectious
agents before it is transported to or disposed of in any
landfill.
4.
Consistent with the terms of this Order, any landfill
operator who may
now accept hazardous hospital
waste
is hereby
authorized
to continue to accept and dispose
of such waste
generated by
any hospital listed in paragraph
3
above,
for the
term there
listed,
5,
Within forty—five days of the date
of this Order, each
Petitioner hospital
shall execute and forward to the Illinois
Environmental
Protection Agency, Enforcement
Programs,
2200
Churchill Road,
Springfield, Illinois
62706,
a Certificate of
Acceptance and
Agreement to be bound to all
terms and conditions
of this variance,
This forty~fiveday
period shall be held in
abeyance for any
period this matter is being
appealed.
The form
of certificate shall
be as follows:
47~246
7
I,
(We),
—,
having read
the Order of the
Illinois Pollution
Control Board
in PCB 81-160
dated _______________________________, understand and accept the
said Order,
realizing that such acceptance renders all
terms
and conditions
thereto binding and enforceable,
~titioner
By
Title
Date
IT IS SO
ORDERED.
I,
Christan L,
Moffett,
Clerk
of the Illinois Pollution
Control Board,
hereby ~ertify that the
above Opinion
and
Order
was,~doptedon the ~
day ~
1982
by
a
vote
Christan
L.
Moffé’~’t,)/JClerk
Illinois
Pollutiofr ~ontrol Board
47-247