CLERK’S bF1~iC~
MAR
19
2004
STATE OF ILLINOIS
Pollution Control Board
OFFICE
OF THE ATTORNEY GENERAL
STATE
OF ILLINOIS
p~
~4
Lisa Madigan
I
ATTORNEY GENERAL
March
17, 2004
The
Honorable Dorothy Gunn
Illinois Pollution Control
Board
James
R.
Thompson Center,
Ste.
11-500
100 West Randolph
Chicago,
Illinois 60601
Re:
People
v.
Medical Waste Management, Inc.,
a Missouri corporation
Dear Clerk Gunn:
Enclosed
for
filing
please
find
the
original
and
ten
copies
of
a
NOTICE
OF
FILING,
APPEARANCE and COMPLAINT in regard to the above-captioned matter.
Pleasefile the originals
and
return
file-stamped
copies of
the
documents
to
our
office
in
the enclosed
self-addressed,
stamped envelope.
Thank you for your cooperation and
consideration.
Very truly yours,
~.
~
Sally k’Carter
Environmental Bureau
500
South Second Street
Springfield,
Illinois 62706
(217) 782-9031
SAC/pp
Enclosures
500
South Second
Street, Springfield,
Illinois
62706
•
(217) 782-1090
•
TTY: (217)
785-2771
•
Fax:
(217) 782-7046
100
West
Randolph Street,
Chicago, Illinois
60601
•
(312) 814-3000
•
TTY:
(312) 814-3374
•
Fax:
(312) 814-3806
1001
East
Mans, Carbondale,
Illinois
62901
•
(618) 529-640()
•
TTY: (618)
529—6403
•
Fax: (618)
529—6416
RECE~VED
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION
CONTROL BOARD
MAR
192004
PEOPLE OF THE STATE
OF
)
)
Pollution
Control Board
Complainant,
vs.
)
No.
vi
)
MEDICAL WASTE MANAGEMENT,
INC.,
)
a Missouri
corporation,
)
)
Respondent.
NOTICE OF FILING
To:
Wally
El-Beck
Wally El-Beck
394 Summitt
136
East Hazel
Dell
Lane
Blytheville, AR 72315
Springfield,
IL 62707
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.
1
FURTHER,
please
take
notice
that
financing
may
be
available,
through
the
Illinois
Environmental Facilities
Financing Act,
20
ILCS 3515/1
(2002), 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:__________
SAL~’A.CARTER
Assistant Attorney General
Environmental Bureau
500
South
Second Street
Springfield,
Illinois 62706
217/782-9031
Dated:
March
17, 2004
2
CERTIFICATE OF SERVICE
I
hereby certify that
I
did on
March
17, 2004, 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,
ENTRY OF APPEARANCE
and
COMPLAINT:
To:
Wally El-Beck
Wally El-Beck
394 Summitt
136
East Hazel
Dell Lane
Blytheville,
AR 72315
Springfield,
IL 62707
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
James
R. Thompson Center
Suite 11-500
100 West
Randolph
Chicago,
Illinois 60601
Sally ~/Carter
Assistant Attorney General
This filing is submitted on
recycled paper.
REC~JVED
BEFORE THE ILLINOIS POLLUTION
CONTROL
BOARD
CLERK’S OFFICE
PEOPLE OF THE
STATE OF
)
MAR 192004
ILLINOIS,
)
STATE OF
ILLINOIS
)
Pollution Control Board
Complainant,
vs.
)
No.
MEDICAL WASTE MANAGEMENT, INC.,
)
a Missouri corporation,
)
Respondent.
ENTRY OF APPEARANCE
On behalf of the Complainant, PEOPLE OFTHE STATE OF ILLINOIS, SALLYA. CARTER,
Assistant Attorney General
of the State
of Illinois,
hereby enters
her appearance
as attorney of
record.
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:______________
SALLY I~’ICARTER
Environmental
Bureau
Assistant Attorney General
500
South Second Street
Springfield,
Illinois 62706
217/782-9031
Dated:
March
17, 2004
RECE~VED
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION
CONTROL BOARD
MAR
192004
PEOPLE OF THE STATE
OF ILLINOIS,
)
STATE OF ILLINOIS
Pollution
Control
Board
Complainant,
-vs-
)
PCB
No.
~
‘~‘
MEDICAL WASTE MANAGEMENT,
INC., a
)
Missouri
Corporation,
)
Respondent.
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 Respondent,
MEDICAL WASTE MANAGEMENT,
INC. as follows:
COUNT
I
TRANSPORTATION OF
P1MW WITHOUT A VALID
PERMIT
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
(2002).
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 (2002),
and
charged,
inter a/ia,
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
(2002),
after providing the Respondent with
notice and opportunity for a meeting with the Illinois
EPA.
4.
Medical Waste
Management
(“MWM”) was a transporter of potentially infectious
medical waste (“P1MW”)
in
Illinois.
At the time the Defendant received its permit to transport
P1MW,
MWM was a Missouri corporation
authorized to transact business
in
Illinois.
Its
registered agent was
C.T.
Corporation
System, 208 South
LaSaIle Street,
Chicago,
Illinois
60604.
5.
The Illinois
Secretary
of State
revoked MWM’s authorization to transact business
in
Illinois on August
1,
2002,
due to
the Defendant’s failure to
file its 2002 report.
MWM’s last
known
mailing address is P.O.
Box 664,
Osceola, Arkansas
72370.
MWM’s president, Wally
El-Beck, may be
contacted
at 136 East Hazel
Dell
Lane,
Springfield,
Illinois
62707.
6.
On June 27, 2000,
the Illinois EPA issued
MWM
P1MW
Permit #M9041
to
transport
P1MW
generated
in or destined for Illinois.
On
September 4, 2001,
the Illinois
EPA
granted a
renewal of the permit that was
valid
until June 30, 2002.
7.
In
December 2002,
an
Illinois hospital contacted the Illinois
EPA inquiring as to
whether MWM
had a permit to
haul
P1MW.
8.
In early 2003,
the
Illinois EPA
learned that the Missouri Department of Natural
Resources and Arkansas’ Departments of Public Health and
Environmental Quality were
investigating
MWM’s transportation, storage and incineration of P1MW in
their respective states.
9.
MWM
did not submit a complete renewal application
for P1MW
Permit No.
M9041
until
March 3,
2003.
The renewal application was approved
by the Illinois EPA on
March 4,
2003 and was valid through June 30, 2003.
On May 2,
2003, the permit was
rescinded
and
invalidated based upon
a request from MWM
that indicated
it
had ceased
operations
in
Illinois.
In addition,
MWM’s check for the fee
to renew the permit was not honored
by MWM’s bank.
10.
Between April
15
and
18,
2003, the Illinois EPA investigated several
medical
facilities that employed
MWM
for their P1MW transportation
in
Illinois.
2
11.
The
Illinois
EPA inspector found that MWM
serviced Carlinville Area
Hospital,
a
small private hospital with
approximately 33 beds, from October 2000 until December 2002.
At
least nine shipments of
P1MW occurred after MWM’s permit expired on
June 30, 2002,
each
documented
by MWM’s own
“Infectious Waste Tracking
Document.”
12.
The Illinois
EPA inspector found that MWM
serviced
Community Memorial
Hospital of Staunton, a
small private hospital with approximately 30 to 40
beds,
from October
2000 until
December
2002.
At least ten shipments of
P1MW
occurred after MWM’s permit
expired on June 30, 2002,
each documented
by MWM’s own “Infectious
Waste Tracking
Document.”
13.
The Illinois
EPA inspector found that MWM
serviced
Illini Community Hospital
of
Pittsfield, a small
private
hospital with approximately 35 beds,
from October 2000 until
March
2003.
At
least six shipments of P1MW
occurred after MWM’s permit expired on June 30, 2002,
each documented by MWM’s own “Infectious
Waste Tracking
Document.”
14.
The Illinois
EPA inspector found that MWM
serviced
Pana Community Hospital,
a
small private
hospital with
approximately 44 beds,
from October 2000
until
December 2002.
At least five shipments of P1MW occurred after MWM’s permit expired
on June 30,
2002,
each
documented
by MWM’s own “Infectious Waste
Tracking Document.”
15.
The Illinois
EPA inspector found that MWM serviced Shelby Memorial Hospital of
Shelbyville, a
small private
hospital with
approximately 30
beds, from October 2000 until
October 2002.
At least four shipments of
P1MW occurred
after
MWM’s permit expired
on June
30, 2002,
each documented by MWM’s own “Infectious
Waste Tracking
Document.”
16.
The Illinois
EPA inspector found that MWM
serviced Winchester Family Practice,
a clinic that primarily provides
immunizations, draws
blood samples,
and performs other
diagnostic
procedures.
MWM
hauled
at
least two P1MW shipments for the clinic, one of which
3
occurred after the expiration of its
permit and was documented
by MWM’s own
“Infectious
Waste Tracking
Document.”
17.
In addition, the Illinois
EPA also inspected
Sparta Community Hospital
in
Randolph
County on April 15,
2003.
The
Illinois EPA inspector discovered
that MWM
had
transported at
least
11
shipments of P1MW after the expiration of
its permit,
all documented
with
MWM’s own
“Infectious Waste Tracking
Document.”
18.
Section 21(j)
of the Act, 415
ILCS 5/21(j)
(2002),
provides:
No
person shall:
Conduct any special waste transportation operation
in violation of
any regulations,
standards or permit requirements
adopted by
the
Board under this Act.
19.
Section 56.1(f) of the Act, 415
ILCS 5/56.1(f) (2002),
provides:
No
person shall:
f.
Beginning July
1,
1992,
conduct any potentially
infectious medical waste transportation operation
(unless
no permit is required
by provisions
(f)(1)(A,
B or C):
(1)
Without
a permit
issued
by the
Agency to
transport potentially
infectious medical waste.
(2)
In
violation
of any condition of any
permit
issued by the Agency under
this Act.
(3)
In
violation of any
regulation
adopted
by the
Board.
(4)
In violation
of any order adopted
by
the
Board
under this Act.
20.
Section
1420.104(f) of the Board’s Biological
Materials Regulations,
35
III.
Admin.
Code 1420.104(f),
provides as
follows:
No person shall:
4
f.
Beginning
July
1,
1992, conduct any P1MW
transportation
operation:
(1)
Without a
permit issued by the
Agency to transport
P1MW,
unless
no
permit is required pursuant to
subsection
1420.105(b) of this
Part.
(2)
In violation
of any condition
of any
permit issued
by
the Agency
under
the Act.
(3)
In violation of any regulation
adopted by
the
Board.
(4)
In
violation
of any order adopted
by
the
Board under the Act.
21.
Section
1420.105(b) of the Board’s Biological
Materials Regulations,
35
III.
Admin. Code 1420.105(b),
states,
in
relevant part,
as follows:
A person who conducts a
P1MW
transportation operation is
required
to obtain a
P1MW
hauling permit from the Agency, unless
not required
by
(b)(1, 2 or 3).
22.
MWM
transported at
least 46
shipments of
P1MW
from seven
medical facilities
in
Illinois after its permit expired on June
30,
2002.
23.
By transporting at least 46 shipments of
P1MW
from seven
medical facilities
in
Illinois after its permit expired, the
Respondent has violated Sections
21(j) and
56.1(f) of the
Act, 415
ILCS 5/21(j) and
56.1(f)
(2002), and
35
Ill. Admin.
Code 1420.104(f)
and
1420.105(b).
PRAYER FOR RELIEF
WHEREFORE,
Complainant, the People of the State of Illinois, respectfully request that
the
Board
enter an order
against the Respondent:
A.
Authorizing a
hearing
in this matter
at which time the Respondent will
be
required to
answer the allegations
herein;
B.
Finding that Respondent has violated the Act and
regulations as alleged
herein;
5
C.
Ordering Respondent 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) (2002),
impose a
civil penalty of
not more than the statutory maximum;
E.
Pursuant to
Section 42(f) of the
Act, 415
ILCS 5/42(f)
(2002),
awarding to
Complainant its costs and reasonable attorney fees;
and
F.
Granting
such
other relief as the
Board
may deem
appropriate.
COUNT
II
P1MW TRANSPORTATION WITHOUT REQUIRED
MANIFESTS
1-17.
Complainant
realleges and
incorporates herein
by reference paragraphs
1
through
17 of
Count las paragraphs
1
through 17
of this Count
II.
18.
Section
56.1
of the Act, 415 ILCS
5/56.1
(2002),
provides,
in
relevant part:
No person shall:
***
h.
Transport potentially infectious medical waste
unless the transporter carries a
completed
potentially infectious medical waste
manifest.
No
manifest is required for transportation
identified in
(h)(1,
2 or 3).
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.
***
19.
Section
1420.104 of the Board’s Biological
Materials Regulations,
35111. Admin.
Code 1420.104, provides,
in relevant part:
No person shall:
6
h.
Transport
P1MW
unless the transporter carriers a
completed
P1MW manifest, unless no manifest is
required
pursuant to subsection
1420.105(e) of this
Part.
Offer for transportation, transport, deliver,
receive,
or accept P1MW for which a manifest is required,
unless the manifest indicates that the fee required
under Section 56.4 of the Act has
been
paid.
20.
Section
1420.105(e) of the Board’s
Biological Materials Regulations,
35111.
Admin.
Code 1420.105(e),
provides as follows:
Any person who transports
P1MW
is required to carry a completed
P1MW manifest, unless not required
by (e)(1, 2 or 3).
21.
The “Infectious Waste Tracking
Documents” used
by MWM were not prescribed
and
provided
by the Illinois
EPA, and
did
not indicate
that the fee required
by 56.4 of the Act
had
been
paid.
22.
By using
Infectious Waste Tracking
Documents” that were
not prescribed
and
provided for by the
Illinois EPA and
that did
not indicate that the fee required
by 56.4 of the Act
had
been
paid,
the Respondent has violated Sections
56.1(h) and
(i),
415 ILCS
5/56.1(h)
and
(I)
(2002),
and 35
III. Admin.
Code
1420.104
and
1420.105
(e).
PRAYER
FOR
RELIEF
WHEREFORE, Complainant,
the People of the State of Illinois, respectfully request that
the
Board
enter an
order against the Respondent:
A.
Authorizing a
hearing
in this matter
at which time the Respondent will
be
required to answer the allegations
herein;
B.
Finding that
Respondent has violated the Act and
regulations as
alleged
herein;
7
C.
Ordering Respondent to cease and desist from any further violations of the Act
and
associated
regulations;
0.
Pursuant to Section 42(b)(1) of the Act, 415
ILCS 5/42(b)(1) (2002), impose a
civil penalty of not more than the statutory maximum;
E.
Pursuant to
Section 42(f) of the Act, 415
ILCS 5/42(f)
(2002),
awarding
to
Complainant its costs and reasonable
attorney fees; and
F.
Granting
such other relief as the
Board
may deem
appropriate.
COUNT
Ill
FAILURE TO SUBMIT REQUIRED REPORTS
1-17.
Complainant realleges and
incorporates herein
by reference paragraphs
1
through
17 of Count
I
as paragraphs
1
through
17 of this Count Ill.
18.
Section
56.3
of the Act, 415
ILCS 5/56.3 (2002),
provides:
Commencing
March
31,
1993,
and annually thereafter, each
transporter of potentially infectious medical waste
required to
have
a permit
under subsection (f) of Section
56.1
of this Act,
each facility for which
a permit is required
under subsection
(g) of
Section
56.1
of this Act that stores, treats,
or transfers
potentially
infectious medical waste and
each facility not required
to
have a
permit under subsection
(g) of Section 56.1
of this Act that treats
more than
50 pounds
per month of potentially infectious medical
waste shall file a report with the Agency specifying the quantities
and disposition of potentially
infectious medical waste transported,
stored, treated, disposed,
or transferred during the previous
calendar year.
Such reports
shall
be on forms
prescribed and
provided
by the Agency.
19.
Section 1420.141 (1) of the Board’s Biological
Materials Regulations,
35
III.
Adm.
Code 1420.141 (1),
provides as follows:
Commencing
March 31,
1993,
and annually thereafter, each
transporter of P1MW
required to
have a
permit under subsection
(f) of Section
56.1
of the Act
shall file a report with the Agency
specifying the quantities
and disposition
of
P1MW
transported
during the previous calendar year.
Such
reports shall be on forms
prescribed
and
provided by
the Agency.
8
20.
Section
1450.201(c) of the Board’s
Biological
Materials Regulations, 35
III.
Adm.
Code 1450.201(c), states as follows:
The Monthly
P1MW
Reports covered
by the quarter shall
be
submitted with the Quarterly
P1MW Report
to the Agency.
21.
Section
1450.202 of the Board’s Biological
Materials Regulations,
35
III. Adm.
Code 1450.202,
states,
in relevant part,
as follows:
***
c.
The Quarterly P1MW Report shall
be received
by
the Agency
on or before April
15, July
15, October
15
and
January 15
of each
calendar year and
shall
cover the three calendar months
preceding the
receipt date.
d.
The
P1MW transporter fee required
to be
paid
under Subpart C of this
Part shall
be
included with
the submission of the Quarterly P1MW
Report.
The
weight in
pounds of
P1MW subject
to
the
P1MW
transporter fee is required to
be listed on
each
P1MW
manifest.
e.
The
P1MW
Quarterly Report,
including the payment
of the P1MW transporter fee and the applicable
Monthly
P1MW Reports, shall
be
sent to the Illinois
Environmental Protection Agency.
22.
Illinois EPA
records indicate that MWM
failed to
submit an Annual
P1MW
Report
for 2002,
the Quarterly P1MW
Report for the first quarter of 2003,
and Monthly
P1MW
Reports
for the first quarter of 2003.
23.
By failing
to submit the Annual
P1MW
Report for 2002,
the Quarterly
P1MW
Report for the first quarter of 2003,
and
Monthly
P1MW
Reports for the first quarter of 2003,
the
Respondent violated Section
56.3
of the Act, 415
ILCS 5/56.3
(2002) and
35
III.
Adm.
Code
1420.141(1),
1450.201(c) and
1450.202.
9
PRAYER FOR RELIEF
WHEREFORE, Complainant, the People of the State of Illinois, respectfully request that
the Board
enter an
order against the Respondent:
A.
Authorizing
a
hearing
in this matter
at which time the Respondent will be
required to answer the allegations
herein;
B.
Finding
that Respondent has violated the Act and
regulations as alleged
herein;
C.
Ordering Respondent 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) (2002),
impose a
civil penalty of not more than
the statutory maximum;
E.
Pursuant to
Section 42(f) of the Act,
415
ILCS 5/42(f)
(2002),
awarding
to
Complainant its costs
and
reasonable attorney fees;
and
F.
Granting
such
other relief as the Board
may deem appropriate.
COUNT IV
FAILURE TO PAYREQUIRED FEES
1-17.
Complainant
realleges and
incorporates herein
by reference paragraphs
1
through
17
of Count
I as paragraphs
1
through
17 of this Count IV.
18.
Complainant realleges and incorporates
herein
by reference paragraph
21
of
Count Ill
as paragraph
18
of this Count IV.
19.
Section
21(k) of the Act, 415
ILCS 5/21(k)
(2002),
provides:
No
person shall:
Fail or refuse to
pay
any fee imposed
under this Act.
10
20.
Section
1450.300(a) of the Board’s Biological
Materials Regulations,
35
III.
Adm.
Code 1450.300(a),
states as follows:
Payment of the $0.01 5 per pound
of P1MW transporter fee
required
by Section 56.6(a) of the Act shall begin on July
1,
1992.
The payment shall be
made
on a quarterly
basis with the
submission
of the Quarterly
P1MW Report.
Such
payment shall
be
received by the Agency on or before April
15, July
15, October
15 and
January 15 of each year and
shall cover the three
preceding
calendar months.
21.
Illinois
EPA records indicate that MWM failed
to pay the
P1MW transporter fee,
required
by
Section
56.6(a) of the Act,
for the first quarter of 2003.
MWM
also avoided fees
by
not using manifests prescribed
and
provided
by the Illinois
EPA,
pursuant to Section
56.4(c) of
the Act, and
by allowing its
P1MW transportation
permit to expire on
June 30, 2002,
rather than
paying the renewal fee required
by Section
56.5 of the Act.
22.
By failing to pay the fees identified in
paragraph 21, the Respondent has violated
Section 21(k)
of the Act, 415
ILCS 5/21(k)
(2002), and
35111. Adm.
Code 1450.202
and
1450.300(a).
PRAYER
FOR RELIEF
WHEREFORE, Complainant, the
People of the State
of Illinois, respectively request that
the Board enter an order against the
Respondent:
A.
Authorizing a
hearing
in this matter at
which time the Respondent will
be
required to
answer the allegations herein;
B.
Finding that
Respondent has
violated the Act and
regulations as
alleged herein;
C.
Ordering Respondent 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) (2002),
impose a
civil penalty of not more than the statutory maximum;
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E.
Pursuant to Section 42(f) of the Act, 415
ILCS 5/42(f) (2002), awarding
to
Complainant its
costs and
reasonable attorney fees; and
F.
Granting
such other relief as the
Board
may deem
appropriate.
Respectfully submitted,
PEOPLE OF THE STATE OF
ILLINOIS
ex rel. LISA MAD IGAN
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
Of Counsel
SALLY A.
CARTER
500 South
Second Street
Springfield,
Illinois 62706
217/782-9031
Dated:
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