ILLINOIS POLLUTION CONTROL BOARD
    October 18, 2007
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    PROVENA HOSPITALS, d/b/a PROVENA
    UNITED SAMARITANS MEDICAL
    CENTER, an Illinois not-for-profit
    corporation, and RESURRECTION
    CATHOLIC CEMETERY ASSOCIATION
    OF DANVILLE, ILLINOIS, an Illinois not-
    for-profit corporation,
    Respondents.
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    PCB 07-28
    (Enforcement - Land)
    ORDER OF THE BOARD (by A.S. Moore):
    On October 24, 2006, the Office of the Attorney General, on behalf of the People of the
    State of Illinois (People), filed a complaint against Provena Hospitals, d/b/a Provena United
    Samaritans Medical Center (Provena), and Resurrection Catholic Cemetery Association of
    Danville, Illinois (Resurrection) (collectively, respondents).
    See
    415 ILCS 5/31(c)(1) (2006); 35
    Ill. Adm. Code 103.204.
    The People allege that respondents violated Sections 56.1(A)(a), 56.1(A)(b), 56.1(A)(d),
    56.1(A)(h), and 56.1(A)(i) of the Environmental Protection Act (Act) (415 ILCS 5/56.1(A)(a),
    56.1(A)(b), 56.1(A)(d), 56.1(A)(h), and 56.1(A)(i) (2006)) and Section 1420.104 of the Board’s
    biological materials regulations (35 Ill. Adm. Code 1420.104). The People further allege that
    respondents violated these provisions by causing or allowing the disposal of potentially
    infectious medical waste (PIMW) consisting of human pathological wastes and body parts at the
    cemetery. The People further allege that respondents violated these provisions by causing or
    allowing the delivery or transfer of PIMW for transport without strict compliance with Board
    regulations, without a permit issued by the Illinois Environmental Protection Agency, and
    without a completed PIMW manifest. The People further allege that respondents violated these
    provisions by causing or allowing the transport of PIMW without a completed PIMW manifest
    and without payment of the fee required by the Act. The complaint concerns Provena’s
    operation of a hospital at 812 North Logan Avenue, Danville, Vermilion County. The complaint
    also concerns Resurrection’s operation of a cemetery at 818 Wendt Street, Danville, Vermilion
    County.
    On October 10, 2007, the People and one of the two respondents, Provena, 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) (2006)). This filing is
    2
    authorized by Section 31(c)(2) of the Act (415 ILCS 5/31(c)(2) (2006)).
    See
    35 Ill. Adm. Code
    103.300(a). Under the proposed stipulation, Provena does not affirmatively admit the alleged
    violations and agrees to pay a civil penalty of $70,000.
    On October 16, 2007, the People and the other respondent, Resurrection, 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) (2006)). This filing is
    authorized by Section 31(c)(2) of the Act (415 ILCS 5/31(c)(2) (2006)).
    See
    35 Ill. Adm. Code
    103.300(a). Under the proposed stipulation, Resurrection does not affirmatively admit the
    alleged violations and agrees to pay a civil penalty of $30,000.
    Unless the Board determines that a hearing is needed, the Board must cause notice of the
    stipulations, proposed settlements, and requests for relief from the hearing requirement. Any
    person may file a written demand for hearing within 21 days after receiving the notice. If anyone
    timely files a written demand for hearing, the Board will deny the parties’ requests for relief and
    hold a hearing. 415 ILCS 5/31(c)(2) (2006); 35 Ill. Adm. Code 103.300(b), (c). The Board
    directs the Clerk of the Board to provide the required notice.
    IT IS SO ORDERED.
    I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that
    the Board adopted the above order on October 18, 2007, by a vote of 4-0.
    ___________________________________
    John T. Therriault, Assistant Clerk
    Illinois Pollution Control Board

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