ILLINOIS POLLUTION CONTROL
BOARD
October
11,
1990
PEOPLE OF THE STATE OF
ILLINOIS,
Complainant,
v.
)
PCB 90—105
(Enforcement)
EVANGELICAL HEALTH SYSTEMS,
)
a/k/a CHRIST HOSPITAL,
)
an Illinois Corporation,
Respondent.
PAMELA CIARROCCHI APPEARED ON BEHALF OF THE COMPLAINANT.
ROSERY PAYNE APPEARED ON BEHALF OF THE RESPONDENT.
OPINION AND ORDER OF THE BOARD
(by M. Nardulli):
This matter comes before the Board upon
a complaint filed
May 29,
1990, on behalf
of the People of the State of Illinois
(“People’t),
by and through its attorney, Neil F. Hartigan,
Attorney General of the State of Illinois, against Evangelical
Health Systems a/k/a Christ Hospital, located in Chicago,
Illinois.
The complaint alleges that Evangelical Health Systems
has violated Section 9(b)
of the Illinois Environmental
Protection Act
(“Act”), Ill.
Rev.
Stat.
1989,
ch. lll~, pars.
1001,
et.
seq., and
35
Ill. Adm. Code 201.143 of the Board’s
rules and regulations.
Hearing on this matter was held August13,
1990
in Chicago,
Illinois.
At hearing,
the parties submitted a
Stipulation and
Settlement Agreement, executed by the parties.
The Stipulation
sets forth
facts pertaining
to the nature, operations,
and
circumstances surrounding the claimed violations.
Evangelical
Health Systems admits
to past violations of Section 9(b) of the
Act and 35
Ill. Adm. Code 201.143 and agrees to pay a civil
penalty of five thousand dollars
($5,000).
Evangelical Health
Systems further agrees to cease and desist from the alleged
violations.
The Board finds the Settlement Agreement acceptable under
35
Ill. Adm. Code 103.180.
This Settlement Agreement
in no way
115—279
—2—
affects
respondent’s responsibility to comply with any federal,
state or local regulations, including but not limited to the Act
and the Board’s pollution control regulations.
This Opinion constitutes the Board’s findings of
fact and
conclusions of law in this matter.
ORDER
1.)
The Board hereby accepts the Stipulation and
Settlement Agreement executed by the People of the
State of Illinois and Evangelical Health Systems,
concerning Evangelical Health Systems operations
located
in Chicago, Illinois.
The Stipulation and
Settlement Agreement are incorporated by reference as
though fully set forth herein.
2.)
Evangelical Health Systems shall pay the sum of five
thousand dollars
($5,000) within 30 days of
the date
of this Order.
Such payment shall be made by
certified check or money order
payable to the
Treasurer of the State of Illinois, designated to the
Environmental Protection Trust Fund, and shall be sent
by First Class mail
to:
Illinois Environmental Protection Agency
Fiscal Services Division
2200 Churchill Road
P.O. Box 19276
Springfield,
IL 62794—9276
Evangelical Health Systems shall also write
its
Federal Employer Identification Number or Social
Security Number on the certified check or money order.
Section 41 of the Environmental Protection Act,
Ill. Rev.
Stat. 1989,
ch. lll~,par.
1041, provides for appeal of final
Orders of the Board within 35 days.
The Rules of the Supreme
Court of Illinois establish filing requirements.
IT IS SO ORDERED.
Board Member
J. Theodore Meyer dissented.
115—280
—3—
I, Dorothy
M.
Gunn,
Clerk of the Illinois Pollution Control
Board, hereby certify that the abovt~J1Jon
and Order was
adopted on the
//T~~
day of
___________________
,
1990, by
a
vote of
~
.
(7
Illi
P0.
Control Board
115—28 1