ILLINOIS POLLUTION
    CONTROL BOARD
    February
    4,
    1982
    MERCY HOSPITAL AND MEDICAL CENTER,
    )
    Petitioner,
    v.
    )
    PCB
    81-~2O6
    ILLINOIS ENVIRONMENTAL PROTECTION AGENCY,
    Respondent.
    OPINION AND ORDER OF THE BOARD
    (by J.
    Anderson):
    This matter comes before the Board on the December 30,
    1981
    petition for variance filed by Mercy Hospital and Medical Center
    (Mercy)
    to allow for landfill disposal of “hazardous”
    (infectious)
    hospital waste.
    Mercy seeks,
    for itself only,
    an extension
    of
    the variance from Rules 902 and 903 of
    Chapter 9:
    Special Waste
    Hauling granted to
    it and several other hospitals in PCB 80—218
    (December 19, 1980), which record is incorporated herein.
    On
    January 21,
    1982 the Illinois Environmental Protection Agency
    (Agency) filed
    its Recommendation that variance be granted until
    May 15,
    1982 as Mercy requested.
    Hearing was waived and none has
    been held.
    Mercy Hospital and Medical Center is a 526 bed,
    42 bassinet
    general acute-care hospital operating on the near south side
    of
    the City of
    Chicago.
    Since PCB 80—218,
    and the subsequent
    adoption of final rules concerning “hazardous
    (infectious)
    hospital
    waste”,
    Mercy
    has
    estimated
    that
    it
    generates
    a
    total
    of
    88.45
    pounds
    of
    such
    waste
    daily,
    some
    of
    which
    is
    generated
    in each area of the hospital
    in which patient care
    is rendered.
    Mercy’s chosen method of reaching long—term compliance has
    been
    installation
    of
    a solid waste heat recovery incinerator on
    its own premises.
    On January
    17,
    1981 it ordered such a system,
    to cost $530,000.
    However, Mercy has been informed by the vendor,
    Basic Environmental Engineering Co.,
    that the equipment will not
    be fabricated until February,
    1982,
    as equipment redesign was
    necessary to fit the confines of the specified location for the
    incinerator.
    Mercy anticipates that the incinerator will be
    installed in April,
    1982 and “on—line” by May
    15,
    1982.
    Mercy accordingly seeks variance until
    that time to allow
    for landfill disposal
    of
    its waste by Ace Disposal Co.
    of
    Calurnet,
    as has been Mercy’s custom.
    45—303
    2
    Mercy states that it currently has no sterilization equipment
    which could be used to render
    its volume of waste
    innocuous.
    While
    it implies that such equipment could he rented “or otherwise
    obtained”,
    it believes that to require expenditures for such
    interim compliance equipment is unreasonable.
    Mercy has
    spent, or committed itself to spend,
    in excess of
    $40,000 in consultant’s fees to arrive at the incinerator choice
    in January,
    1981,
    $7,000 for design of a hydraulic
    loader in
    August,
    1981,
    and $5,000 for chemical treatment equipment ordered
    in October
    8,
    1981.
    In light of these costs and of the $530,000
    cost
    of the incinerator itself;
    and its expeditious pursuit of
    compliance during the variance period, Mercy maintains that denial
    of continued variance would impose an arbitrary or unreasonable
    hardship.
    The Agency agrees that Mercy has been diligent.
    It further
    notes that “the environmental harm resulting from the disposition
    of wastes at a sanitary landfill
    for the time requested
    is minimal.”
    The Board finds that denial of variance would impose an
    arbitrary or unreasonable hardship, particularly in that the
    compliance delay is the result of factors beyond Mercy~scontrol.
    Variance will be conditioned, as previously,
    on proper bagging
    and containment of the waste, and its disposal by an authorized
    landfill,
    The variance will not expire until
    July
    1,
    1982,
    so
    as
    to allow a cushion for vendor delays or startup difficulties.
    This Opinion constitites the findings of fact and conclusions
    of law of the Board in this matter.
    ORDER
    1.
    Petitioner, Mercy Hospital and Medical Center
    (Mercy)
    is
    hereby granted variance from Rules
    902 and 903 of Chapter
    9:
    Special Waste until July
    1,
    1982 subject to the following
    conditions:
    a)
    Mercy shall suitably bag and/or contain its
    hazardous
    (infectious) hospital waste
    so as
    to prevent
    the
    spread
    of
    the
    waste’s
    infectious
    agents
    before
    it
    is
    transported
    to
    and
    disposed
    of
    in
    an
    authorized
    landfill.
    b)
    Mercy’s hazardous hospital waste
    is hereby
    authorized
    to
    be
    accepted
    and
    disposed
    of
    by
    any
    landfill
    having all necessary permits for disposal
    of such waste.
    c)
    Mercy shall install and employ its proposed
    incineration system as expeditiously as is practicable.
    2.
    Within
    forty—five
    days
    of
    the date of this Order,
    petitioner
    shall
    execute
    and
    forward
    to
    the
    Illinois
    Environmental
    Protection
    Agency, Enforcement Programs,
    2200 Churchill
    Road,
    45—304
    3
    Springfield,
    Illinois
    62706,
    a Certificate of Acceptance and
    Agreement to be bound to all terms and conditions of this
    variance.
    This forty—five day period shall be held in abeyance
    for any period this matter
    is being appealed.
    The form of
    certificate shall he as follows:
    CERTIFICATE
    I,
    (We),
    _____________________
    ____________,
    having read
    the Order of the Illinois Pollution Control Board in PCB 81-206,
    dated
    _____________________________
    ____,
    understand and accept
    said Order realizing that such acceptance renders all terms and
    conditions thereto binding and enforceable,
    Petitioner
    By:
    Auth~izedAgent
    Title
    Date
    IT IS SO ORDERED.
    Board Member
    I. Goodman abstained.
    I,
    Christan
    L.
    Moffett,
    Clerk
    of
    the
    Illinois
    Pollution
    Control Board,
    her9b,y certify th~ the
    above
    Opinion
    and
    Order
    was
    adopted
    on
    the
    ij’~
    day
    of
    _____t~,
    1982 by a
    vote
    of
    ~___.
    Christan
    L.
    Moffe
    ,
    lerk
    Illinois
    Pollution
    trol
    ~oard
    45—305

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