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ILLINOIS POLLUTION CONTROL BOARD

June 4, 2008

IN THE MATTER OF:

PETITION OF STERICYCLE, INC.

FOR AN ADJUSTED STANDARD

FROM 35 ILL. ADM. CODE 1422.111(b)(1),

1450.105(a, b), 1450.200(e)

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AS 08-2

(Adjusted Standard - PIMW)

HEARING OFFICER ORDER

In an October 18, 2007, order, the Board found that Stericycle’s petition for an

adjusted standard had not provided all of the information required by the Act and the

Board’s regulations and directed Stericycle to file an amended petition addressing

specified deficiencies. Among other issues, the Board requested “that Stericycle submit

the Certificate of Conformance issued by the National Conference on Weights and

Measures and indicating that the scale at Sturtevant meets the requirements of 35 Ill

Adm. Code 1422.111(b)(1).”

Section 1422.111(b)(1) of the Board’s potentially infectious medical waste

(PIMW) regulations provides in pertinent part that “PIMW must be weighed with a

device for which certification has been obtained under the Weights and Measures Act (Ill.

Rev. Stat. 1991, ch. 147, pars. 101

et seq

.) [225 ILCS 470].” 35 Ill. Adm. Code

1422.111(b)(1). Section 30 of the Weights and Measures Act provides in pertinent part

that

[e]ach type of new weight and measure or weighing and measuring device

manufactured, offered, or exposed for sale or sold or given away for the

use in trade or commerce, or used in trade and commerce in this State,

shall conform with the requirements and specifications in the National

Institute of Standards and Technology Handbook 44, 105-1, 105-2, 105-3,

or 105-4 and any of their revisions or supplements. A Certificate of

Conformance must be issued prior to the use of such new weight and

measure or weighing and measuring device for commercial or law

enforcement purposes. 225 ILCS 470/30 (2006).

The Weights and Measures Act defines “Certificate of Conformance” as

a document issued by the National Conference on Weights and Measures

based on testing in participating laboratories that indicates that the weights

and measures or weighing and measuring device conform with the

requirements of National Institute of Standards and Technology's

Handbooks 44, 105-1, 105-2, 105-3, or 105-4 and any subsequent

revisions or supplements thereto. 225 ILCS 470/2 (2006).

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In describing the relief it requests, Stericycle seeks a Board order including the provision

that “[t]he PIMW shall be weighed with a device for which a certificate of conformance

has been obtained pursuant to National Institute of Standards and Technology Handbook

44. The PIMW may be weighed on a device outside the State of Illinois, provided the

device conforms with the standards set forth in this section.” Am. Pet at 11 (¶48(b)).

On December 20, 2007, Stericycle filed its amended petition (Am. Pet.). The

amended petition includes an exhibit listing the information requested by the Board in its

October 18, 2008, order and the corresponding paragraphs in which Stericycle sought to

respond to those requests. Am. Pet., Exh. A. The exhibits states that “[t]he certification

that the Wisconsin scales meets the requirements of NIST Handbook 44 is attached as

Exhibit D.”

Id

. Exhibit D includes three calibration reports for scales at the Sturtevant

facility: a Transcell Model TI-500E; a Weigh-Tronix Model WI-130; and a Toledo

Panther model.

See

Am. Pet., Exh. D. Each of the reports appears to indicate that final

test readings conform to NIST Handbook 44 specifications.

Id

. However, these

calibrations are not the equivalent of a Certificate of Conformance.

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Accordingly, as previously ordered by the Board on December 20, 2007,

Stericycle is directed to obtain certificates of conformance for the scales located at its

Sturtevant facility on which it intends to rely for weighing PIMW under its requested

adjusted standard. Stericycle is directed to file those certificates of conformance with the

Board’s Clerk within 14 days of the date of this order.

1

According to the Web site of the National Conference on Weights and Measures (NCWM),

such certificates appear to be issued to a scale’s manufacturer through the National Type Evaluation

Program (NTEP).

See

http://www.ncwm.net/ntep

(last visited June 2, 2008).

The manufacturer’s Web site appears to indicate that the Transcell Model TI-500E is NTEP-

approved.

See

http://www.transcell.net/english/product/images/upload_pdf/pdf29446738.pdf

(last visited

June 2, 2008). The same Web site also provides contact information for Transcell Technology, Inc.: 975

Deerfield Pkwy, Buffalo Grove, IL 60089 with telephone numbers 847-419-9180 and 800-503-9180 and

fax 847-419-1515.

Id.

Similarly, the Web site of Weigh-Tronix appears to indicate that the Model WI-130

is NTEP-approved.

See

http://www.weigh-tronix.ca/literature/130_L.pdf

(last visited June 2, 2008). The

same Web site also provides contact information for Weigh-Tronix, Inc.: 1000 Armstrong Drive,

Fairmont, MN 56031 with telephone number 507-238-4461 and fax 507-238-4195. However, the Web site

of Mettler Toledo, Inc. does not plainly indicate that its Panther model has received NTEP approval.

See

http://us.mt.com/mt/products/products-applications_industrial-weighing_terminals-indicators_panther-plus-

terminals/PANTHER__PLUS_Harsh_Environment_Terminal_0429813810252551.jsp (last visited June 2,

2008). The Web site also provides contact information for Mettler Toledo Industrial Weighing Products:

1900 Polaris Parkway, Columbus, OH, 43240 and telephone number 800-786-0038.

See

http://us.mt.com/contact

(last visited June 2, 2008).

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IT IS SO ORDERED.

Bradley P. Halloran

Hearing Officer

Illinois Pollution Control Board

James R. Thompson Center, Suite 11-500

100 West Randolph

Chicago, Illinois 60601

312.814.8917

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