RECEIVEDCLERK'S
OFFICE
OCT 2 4 2006
STATE OF ILLINOIS
PEOPLE OF THE STATE OF ILLINOIS,
)
Pollution Control Board
Complainant,
)
)
v.
)
PCB NO .
ut
(Enforcement)
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 .
)
NOTICE OF FILING
To:
Edward R. Gower
Patricia M . Gibson
Attorney at Law
Chancellor
400 South Ninth Street, Ste . 200
Diocese of Peoria
Springfield, IL 62701-1908
412 North East Madison Avenue
Peoria, IL 61603-3720
PLEASE TAKE NOTICE that on this date I mailed for filing with the Clerk of the Pollution
Control Board of the State of Illinois, a COMPLAINT, a copy of which is attached
hereto and
herewith served upon you
. Failure to file an answer to this Complaint within 60 days may have
severe consequences
. Failure to answer will mean that all allegations in this Complaint will
be
taken as if admitted for purposes of this proceeding
. If you have any questions about this
procedure, you should contact the hearing officer assigned to this proceeding, the Clerk's
Office
or an attorney.
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
FURTHER, please take notice that financing may be available, through the Illinois
Environmental Facilities Financing Act, 20 ILCS 3515/1 (2004), to correct the pollution alleged in
the Complaint filed in this case .
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN
Attorney General of the
State of Illinois
MATTHEW J . DUNN, Chief
Environmental Enforcement/Asbestos
Litigation Division
~_
BY:
THOMAS DAVIS
Assistant Attorney General
Environmental Bureau
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated : October 20, 2006
CERTIFICATE OF SERVICE
I hereby certify that I did on October 20, 2006, send by certified mail, with postage thereon
fully prepaid, by depositing in a United States Post Office Box a true and correct copy of the
following instruments entitled NOTICE OF FILING, APPEARANCE and COMPLAINT
To:
Edward R . Gower
Patricia M . Gibson
Attorney at Law
Chancellor
400 South Ninth Street, Ste . 200
Diocese of Peoria
Springfield, IL 62701-1908
412 North East Madison Avenue
Peoria, IL 61603-3720
and the original and ten copies by First Class Mail with postage thereon fully prepaid of the same
foregoing instrument(s)
:
To:
Dorothy Gunn, Clerk
Illinois Pollution Control Board
State of Illinois Center
Suite 11-500
100 West Randolph
Chicago, Illinois 60601
This filing is submitted on recycled paper .
Thomas Davis
Assistant Attorney General
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.
)
APPEARANCE
I, THOMAS DAVIS, Assistant Attorney General of the State of Illinois, hereby file my
appearance in this proceeding on behalf of the Complainant, PEOPLE OF THE STATE OF
ILLINOIS .
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated : October 20, 2006
RECEIVEDCLERK'S
OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
OCT 2 fl
2006
PCB D? ,~'t
(Enforcement)
STATE OF ILLINOIS
Pollution Control Board
Respectfully Submitted,
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN,
Attorney General of the
State of Illinois,
MATTHEW J
. DUNN, Chief
Environmental Enforcement/Asbestos
Litigation Division
BY: ~`
THOMAS DAVIS
Environmental Bureau
Assistant Attorney General
RECEIVEDCLERK'S
OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
)
Complainant,
)
-Vs-
)
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 .
)
PCB
(Enforcement)No
. 07-
oed
OCT 2 4 2006
STATE OF ILLINOIS
Pollution Control Board
COMPLAINT
Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA MADIGAN, Attorney
General of the State of Illinois, and at the request of the ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY, complains of the Respondents, PROVENA HOSPITALS d/b/a
PROVENA UNITED SAMARITANS MEDICAL CENTER and RESURRECTION CATHOLIC
CEMETERY ASSOCIATION OF DANVILLE, ILLINOIS, as follows
:
COUNT I
POTENTIALLY INFECTIOUS MEDICAL WASTE DISPOSAL VIOLATIONS
1 .
This Complaint is brought by the Attorney General on her own motion and at the
request of the Illinois Environmental Protection Agency ("Illinois EPA"), pursuant to the terms
and provisions of Section 31 of the Illinois Environmental Protection Act
("Act"), 415 ILCS 5/31
(2004)
.
2.
The Illinois EPA is an agency of the State of Illinois created by the Illinois
General Assembly in Section 4 of the Act, 415 ILCS 5/4 (2004), and charged,
inter alia,
with the
duty of enforcing the Act in proceedings before the Illinois Pollution Control Board ("Board")
.
3.
The Complaint is brought pursuant to Section 31 of the Act, 415 ILCS 5/31
(2004), after providing the Respondents with notice and opportunity for a meeting with the
Illinois EPA
.
4 .
Provena Hospitals ("Provena") is an Illinois not-for-profit corporation and
operates a hospital, the Provena United Samaritans Medical Center, located at 812 North
Logan Avenue in Danville, Vermilion County, Illinois .
Provena is a generator of potentially
infectious medical waste ("PIMW") .
5 .
Resurrection Catholic Cemetery Association of Danville, Illinois ("Resurrection")
is an Illinois not-for-profit corporation and, under the auspices of the Catholic Diocese of Peoria,
operates a cemetery at 818 Wendt Street in Danville, Vermilion County, Illinois
.
6 .
Section 3 .360 of the Act, 415 ILCS 5/3 .360 (2004), provides as follows
:
(a) "Potentially infectious medical waste" means the following types of waste
generated in connection with the diagnosis, treatment
(i.e ., provision of
medical services), or immunization of human beings or animals
; research
pertaining to the provision of medical services
; or the production or
testing of biologicals
:
(2)
Human pathological wastes . This waste shall include tissue,
organs and body parts . . . .
7.
Section 56 .1 of the Act, 415 ILCS 5/56 .1 (2004), provides, in pertinent part :
(A)
No person shall
:
(a)
Cause or allow the disposal of any potentially infectious medical waste
. . .
(b) Cause or allow the delivery of any potentially infectious medical waste for
transport, storage, treatment or transfer except in accordance with Board
regulations
.
4
(d)
Beginning July 1, 1992, cause or allow the delivery or transfer of any
potentially infectious medical waste for transport unless
:
2
(1)
the transporter has a permit issued by the Agency
. . .
(2)
a potentially infectious medical waste manifest is completed
. .
(h)
Transport potentially infectious medical waste unless the transporter
carries a completed potentially infectious medical waste manifest
. . . .
(I)
Offer for transportation, transport, deliver, receive or accept potentially
infectious medical waste for which a manifest is required, unless the
manifest indicates that the fee required under Section 56
.4 of this Act has
been paid .
8.
Section 56 .4(c) of the Act, 415 ILCS 5/56
.4(c) (2004), requires the payment of a
$4.00
fee for each PIMW manifest
.
9.
Section 1420
.104 of the Board's Biological Materials Regulations, 35 III
.
Admin . Code 1420
.104, incorporates the statutory prohibitions of Section 56
.1 of the Act, 415
ILCS 5/56
.1 (2004) .
10 .
Section 3 .185 of the Act, 415 ILCS 5/3
.185 (2004), defines "disposal" to include
the "placing of any waste . .
. into or on any land . . .
such that any waste . . .
or constituent
thereof may enter the environment
. .
11 .
On or about February 12, 2003, and numerous prior occasions better known to
the Respondents, Provena and Resurrection caused or allowed the disposal of PIMW
consisting of human pathological wastes and body parts through the placing of such into or on
the land at the cemetery .
12 .
On February 12, 2003, Robert Kariba, an employee of Resurrection, removed a
box from his vehicle and placed it into the open grave following a grave side service for Homer
Pinchon
. When confronted by relatives of the deceased, Kariba stated that the box contained
3
body parts from Provena
. The relatives observed the contents of the box to include a red
medical waste bag and demanded that Kariba remove such from the grave, which Kariba did
.
13 .
Subsequent investigations determined that, prior to the incident on February 12,
2003, PIMW consisting of human pathological wastes and body parts from Provena had
several times been buried by Resurrection along the fence at the cemetery and, on occasions
when the ground was frozen, interred within the graves of persons being buried on those
occasions .
14.
By causing or allowing the disposal of PIMW consisting of human pathological
wastes and body parts at the cemetery, the Respondents have violated Section 56
.1(A)(a) of
the Act, 415 ILCS 5/56 .1 (A)(a)
(2004), and Section 1420.104
of the Board's Biological Materials
Regulations, 35 III . Admin . Code 1420 .104 .
PRAYER FOR RELIEF
WHEREFORE, Complainant, the People of the State of Illinois, respectfully request that
the Board enter an order against the Respondents, PROVENA HOSPITALS d/b/a PROVENA
UNITED SAMARITANS MEDICAL CENTER and RESURRECTION CATHOLIC CEMETERY
ASSOCIATION OF DANVILLE, ILLINOIS
A.
Authorizing a hearing in this matter at which time the Respondents will be
required to answer the allegations herein ;
B.
Finding that Respondents have violated the Act and regulations as alleged
herein ;
C.
Ordering Respondents to cease and desist from any further violations of the Act
and associated regulations ;
D.
Pursuant to Section 42(b)(1) of the Act, 415 ILCS 5/42(b)(1) (2004), impose a
civil penalty of not more than the statutory maximum ; and
4
E.
Granting such other relief as the Board may deem appropriate .
COUNTII
PIMW TRANSPORTATION WITHOUT REQUIRED MANIFESTS
1-13.
Complainant realleges and incorporates herein by reference paragraphs 1
through 13 of Count I as paragraphs 1 through 13 of this Count II
.
12.
On or about February 12, 2003, and numerous prior occasions better known to
the Respondents, Provena and Resurrection caused or allowed the delivery or transfer of
PIMW for transport without strict compliance with the Board's Biological Materials Regulations,
without a permit issued by the Illinois EPA, and without a completed PIMW manifest, and
thereby violated Sections 56 .1 (A)(b) and 56.1(A)(d)
of the Act, 415 ILCS 5/56 .1 (A)(b) and (d)
(2004), and Section 1420
.104 of the Board's Biological Materials Regulations, 35 III
. Admin .
Code 1420.104 .
13 .
On or about February 12, 2003, and numerous prior occasions better known to
the Respondents, Provena and Resurrection caused or allowed the transport of PIMW without a
completed PIMW manifest and the payment of the fee required by Section 56
.4 of the Act, 415
ILCS 5/56
.4 (2004), and thereby violated Sections 56
.1(A)(h) and 56 .1 (A)(i) of the Act, 415
ILCS 5/56 .1(A)(h) and (i) (2004), and Section 1420
.104 of the Board's Biological Materials
Regulations, 35 III . Admin . Code 1420 .104 .
PRAYER FOR RELIEF
WHEREFORE, Complainant, the People of the State of Illinois, respectfully request that
the Board enter an order against the Respondents, PROVENA HOSPITALS d/b/a PROVENA
UNITED SAMARITANS MEDICAL CENTER and RESURRECTION CATHOLIC CEMETERY
ASSOCIATION OF DANVILLE, ILLINOIS
A.
Authorizing a hearing in this matter at which time the Respondents will be
required to answer the allegations herein ;
5
B.
Finding that Respondents have violated the Act and regulations as alleged
herein ;
C
.
Ordering Respondents to cease and desist from any further violations of the Act
and associated regulations ;
D.
Pursuant to Section 42(b)(1) of the Act, 415 ILCS 5/42(b)(1) (2004), impose a
civil penalty of not more than the statutory maximum
; and
E.
Granting such other relief as the Board may deem appropriate
.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN
Attorney General of the
State of Illinois
MATTHEW J
. DUNN, Chief
Environmental Enforcement/Asbestos
Litigation Division
BY:
THOMAS DAVIS, Chief
Environmental Bureau
Assistant Attorney General
500 South Second Street
Springfield, Illinois 62706
217/782-9031
Dated :
w/Z D le)
C
6
