ILLINOIS POLLUTION CONTROL BOARD
June 15, 2006
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
THE CARLE FOUNDATION HOSPITAL, an
Illinois not-for-profit corporation,
Respondent.
)
)
)
)
)
)
)
)
)
)
PCB 06-172
(Enforcement - Land)
OPINION AND ORDER OF THE BOARD (by G.T. Girard):
On May 11, 2006, the Office of the Attorney General, on her own motion and at the
request of the People of the State of Illinois (People), filed a two-count complaint against the
Carle Foundation Hospital.
See
415 ILCS 5/31(c)(1) (2004); 35 Ill. Adm. Code 103.204.
Accompanying the complaint was a stipulation and proposal for settlement. The complaint
concerns The Carle Foundation Hospital’s medical services facility at 701 East University
Avenue, Urbana, Champaign County. For the reasons below, the Board accepts the parties’
stipulation and proposed settlement.
Under the Environmental Protection Act (Act) (415 ILCS 5/1
et seq
. (2004)), the
Attorney General and the State’s Attorneys may bring actions before the Board on behalf of the
People to enforce Illinois’ environmental requirements.
See
415 ILCS 5/31 (2004); 35 Ill. Adm.
Code 103. In this case, the People allege that the Carle Foundation Hospital violated Section
56.1(b), (d), and (e) of the Act (415 ILCS 5/56.1(b), (d), and (e) (2004)) and 35 Ill. Adm. Code
1420.104, 1421.111, and 1421.121. The People further allege that the Carle Foundation Hospital
violated these provisions by mixing a red bag of waste containing used sharps with other wastes
so that (1) it caused or allowed the delivery of potentially infectious medical waste (PIMW) for
transport to a municipal solid waste landfill for disposal; and (2) it caused or allowed the
acceptance of PIMW for transport by a transporter not licensed to transport PIMW and without a
required PIMW manifest.
On May 11, 2006, the People and the Carle Foundation Hospital 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) (2004)). This filing is authorized by Section 31(c)(2)
of the Act (415 ILCS 5/31(c)(2) (2004)), which requires that the public have an opportunity to
request a hearing whenever the State and a respondent 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 from hearing. The Board published
newspaper notice in the
News-Gazette
on May 14, 2006. 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) (2004); 35 Ill. Adm. Code 103.300(b).
2
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 the
Carle Foundation Hospital’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) (2004)), which bears on the
reasonableness of the circumstances surrounding the alleged violations.
The Carle Foundation Hospital admits the alleged violations. The stipulation also
addresses the factors of Section 42(h) of the Act (415 ILCS 5/42(h) (2004)), which may mitigate
or aggravate the civil penalty amount. The Carle Foundation Hospital agrees to pay a civil
penalty of $6,200, which the parties stipulate negates any economic benefit derived from delayed
compliance. The People further assert that the penalty will serve to deter further violations and
aid in future voluntary compliance with the Act and Board regulations. The Carle Foundation
Hospital further agrees to undertake a supplemental environmental project (SEP), consisting of a
mercury thermometer exchange and related disposal for up to 500 mercury thermometers.
The People and the Carle Foundation Hospital have satisfied Section 103.302. The
Board accepts the stipulation and proposed settlement. This docket is now closed.
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.
2. The Carle Foundation Hospital, through its attorney of record, must pay a civil
penalty of $6,200 no later than July 18, 2006, which is the first business day after
the 30th day after the date of this order. The Carle Foundation Hospital must pay
the civil penalty by certified check, money order, or electronic funds transfer,
payable to the Environmental Protection Trust Fund. The case number, case
name, and the Carle Foundation Hospital’s social security number or federal
employer identification number must be included on the certified check or money
order.
3. The Carle Foundation Hospital, through its attorney of record, must send the
certified check, money order, or electronic funds transfer to the following person
at the indicated address:
Illinois Environmental Protection Agency
Fiscal Services Division
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
3
4. The Carle Foundation Hospital, through its attorney of record, must send a copy
of the certified check, money order, or record of electronic funds transfer and any
transmittal letter to the following person at the indicated address:
Peggy Poitevint
Office of the Attorney General
Environmental Bureau
500 South Second Street
Springfield, Illinois 62702
Kyle Davis, Assistant Counsel
Illinois Environmental Protection Agency
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) (2004)) at the rate
set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)
(2004)).
6. By April 1, 2007, the Carle Foundation Hospital must implement a SEP: a
Thermometer Exchange Marketing Plan consisting of the exchange of no fewer
than 500 mercury thermometers, including the following elements: public
promotion; Better Living Magazine (if the timing is right); Carle consumer
websites; paid advertising (in Champaign-Urbana and Danville) ($1,500);
publicity (press release, public service announcement) ($100); collateral (POS
posters in CCA Urbana main campus waiting areas (pediatrics, adult medicine,
family practice, OB, ENT, etc.), fliers, etc.) ($750); digital thermometers
($2,255); disposal of 200 lbs. of mercury waste ($1,120); U.S. DOT-approved
waste containers ($60); Carle employee promotion; Weekly Update electronic
newsletter; Foundations magazine; and posters (total $5,785).
7. The Carle Foundation Hospital 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) (2004);
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.
4
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above opinion and order on June 15, 2006, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
