ILLINOIS POLLUTION CONTROL BOARD
June 3, 2004
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
MEDICAL WASTE SOLUTIONS, INC., an
Illinois corporation,
Respondent.
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PCB 04-206
(Enforcement - Land)
ORDER OF THE BOARD (by J.P. Novak):
On May 21, 2004, the Office of the Attorney General, on behalf of the People of the State
of Illinois (People), filed a complaint against Medical Waste Solutions, Inc. (Medical Waste
Solutions).
See
415 ILCS 5/31(c)(1) (2002); 35 Ill. Adm. Code 103.204. The People allege that
Medical Waste Solutions violated Section 56.1(A)(b) and (A)(f) of the Environmental Protection
Act (Act) (415 ILCS 5/56.1(A)(f) (2002)); 35 Ill. Adm. Code 1421.141(b) and (g); and standard
conditions 2, 3, 17, and 19 of potentially infectious medical waste (PIMW) permit #M9035. The
People further allege that Medical Waste Solutions violated these provisions by hauling PIMW
in an unauthorized vehicle, leaving a PIMW-containing compartment open while the vehicle was
unattended, failing to mark both sides of the vehicle with PIMW decals and the permit number,
and failing to keep a copy of an emergency response plan in the vehicle. The complaint concerns
Medical Waste Solutions’ PIMW collection and hauling service from a medical facility at 450
Illinois Route 22, Barrington, Lake County.
On May 21, 2004, the People and Medical Waste Solutions also 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) (2002)). This filing is authorized by Section 31(c)(2)
of the Act (415 ILCS 5/31(c)(2) (2002)).
See
35 Ill. Adm. Code 103.300(a). Under the proposed
stipulation, the Medical Waste Solutions neither admits nor denies the alleged violations but
agrees to pay a civil penalty of $13,000.
Unless the Board determines that a hearing is needed, the Board must cause notice of the
stipulation, proposed settlement, and request 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’ request for relief and hold a
hearing. 415 ILCS 5/31(c)(2) (2000); 35 Ill. Adm. Code 103.300(b), (c). The Board directs the
Clerk of the Board to provide the required notice.
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IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above order on June 3, 2004, by a vote of 5-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board