ILLINOIS POLLUTION CONTROL BOARD
December 19, 1980
MERCY HOSPITAL AND MEDICAL CENTER
)
AND THE ILLINOIS HOSPITAL ASSOCIATION,
)
Petitioners,
)
V.
)
PCB 80—218
ENVIRONMENTAL PROTECTION
AGENCY,
)
Respondent.
OPINION AND ORDER OF THE BOARD
(by J.
Anderson)
On November 26,
1980 Mercy Hospital and Medical Center and
the Illinois Hospital Association, on behalf of its 275 members,
filed a petition for a two—year variance from Section 21(h)
of
the Environmental Protection Act
(Act).
On December 19,
1980.
the Environmental Protection Agency (Agency) filed a recommen-
dation in support of this petition, sub~ectto certain conditions.
On December 18,
1980, the Board adopted emergency rules
implementing Section 21(h), which prohibits the deposit of
hazardous hospital waste in any landfill on and after January
1,
1981.
The Board will therefore construe this petition as also
seeking variance from Rules 902 and 903 of Chapter
9,
which
will be effective January
1,
1981.
The Agency correctly
notes
that this petition does not fully
describe the facts and circumstances of each petitioner herein.
It does provide the full
facts and
circumstances
concerning Mercy
Hospital,
and alleges that the other petitioners are similarly
situated.
The
Board finds that the facts,
as
alleged in the petition,
indicate
that immediate
compliance would impose an arbitrary and
unreasonable hardship on the petitioners.
The Board agrees with
the Agency~sobservation that,
absent relief, “Petitioners may
he forced to
store hazardous hospital
wastes until
an alternative
is reasonably feasible,
and such storage activity could result
in an environmental problem
..
The information currently before the Board does not support
grant of a two—year variance,
In order to forestall a public
health emergency
the Board will grant a one—year variance to
commence January
1,
1981 to
petitioner Mercy Hospital and the
275 other petitioners named herein on Exhibit
A.
The Board,
on
its own motion,
is
loining into this action 18 other hospitals
within the State of Illinois who are not members of the Illinois
Hospital Association.
40—205
within
150
days
of
the
date
of
this
Order,
each
hospital
shall
submit
a
compliance
plan
to
the
Agency.
Each
will
also
be
required
to
submit
a
certificate
of
acceptance
of
this
variance
and
its
terms.
During
the
term
of
this
variance,
hazardous
hospital
waste
may
be
disposed
of
in
any
landfill
which
may
accept
such
waste,
providing
that
it
is
suitably
bagged
and
otherwise
contained
so
as
to
prevent
the
spread
of
its
infectious
agents.
In
no
event,
shall
this
variance
be
construed
as
authorizing
petitioners
to
relax
the
level
of
control
presently
required
for
such
wastes.
ORDER
1.
The
hospital
listed
in Attachment A are hereby joined
as
petitioners
in
this
action.
2.
Variance
from
Rules
902
and
903
of
chapter
9,
Special
waste is hereby granted to all petitioners listed in attachments
A
and
B- until January 1, 1982 sublect to the following conditionst
(a)
Hazardous hospital waste must be suitably bagged
or
contained
so
as
to
prevent
the
spread
of
its
infectious
agents
before
it
is
transported
to
or
disposed
of
in
any
landfill.
(b)
within
150
days
of
the
date
of
this
Order,
each
petitioner shall submit to the
Agency a program
(with increments of progress) for bringing its
disposal operations into compliance with hazardous
hospital waste disposal standards.
3.
Consistent with the terms of this order, any landfill
operator who may now
accept
hazardous
hospital
waste
is
hereby
authorized to continue to accept and dispose of such waste gen-
erated by any hospital listed on attachments A and B until
January 1, 1982.
4.
within forty—five days of the date of this Order,
Petitioner
shall
execute
and
forward
to
the
Illinois
Environmental
Protection
Agency.
Kathy
Engleson,
Enforcement
Programs,
2200
Churchill
Road,
Springfield,
Illlinoi
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 be as follows:
CERTIFICATION
I,
(we),
,
having read
the Order of the Illinois Pollution Control
Board
in PCB 80—218,
dated _______________________, understand
and
accept the said
Order,~alizing
that
such
acceptance
renders
all
terms
and
con-
ditions
thereto binding and enforceable.
40—206
Petitioner
~i~El
e
Date
5.
The Board will retain -jurisdiction in this matter.
IT IS SO ORDERED.
I,
Christan L. Moffett, Clerk of the Illinois Pollution
ify that the above Opinion and Order
Control Board, hereby
c
was adopted on the
day of
1~
,
1980 by a vote
of
Christan
L.
M
Illinois Pollution Control
Foarci
40—207