RECE~VEO
CLERK’S OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARt~TATE
MAY
OF
21
ILLINOIS
20Uk
byPEOPLEof LISAthe
StateOFMADIGAN,THE ofSTATEIllinois,AttorneyOF
ILLINOIS,General
PoUutiOn Control Board
Complainant,
)
PCB Nb.
___________
(Enforcement
-
Potentially
V.
)
Infectious
Medical
wastes)
MEDICAL WASTE SOLUTIONS, INC.,
an Illinois Corporation,
Respondent.
NOTICE OF FILING
TO: Larry L. Thompson
James, Gustafson and Thompson, Ltd.
1001 East Chicago Avenue
Suite 103
Naperville, IL 60540
PLEASE TAKE NOTICE that I have today filed with the Office of
the Clerk of t:he Illinois Pollution Control Board the (1)
Complaint, (2) Stipulation and Proposul for Settlement, and (3)
Request for P
ilef
from Hearing Requirement, true
and correct
copies of which are attached hereto and herewith served upon you.
PEOPLE OF THE STATE OF ILLINOIS,
by LISA
MADIGAN,
Attorney General
of the State of Illinois
BY: ____________________________
______
MICHAEL C. PARTEE
Assistant Attorney General
Environmental Bureau/North
188 West Randolph Street, Suite 2001
Chicago, Illinois 60601
Tel: (312)814-2069
CERTIFICATE OF SERVICE
It is hereby certified that true and correct copies of (1)
Complaint, (2) Stipulation and Proposal for Settlement, and (3)
Request for Relief from Hearing Requirement were mailed, first
class ~ostage prepaid, to the person listed on the Notice of
Filing
on May 21, 2004.
BY:
____
MICHAEL C. PARTEE
It is hereby ce~~Lifiedthat the originals plus nine (9) copies
of the forego~ng were hand-delivered to the following person on
May
21, 2004:
Pollution Control
James P. Thompson
100 West Randolph
Chicago, Illinois
Board,, I’~ttn: Clerk
Center
Street,
Suite 11-500
60601
BY;
MICHAEL C. PARTEE
•
,~.,. •
CLERK’S OFFICE
MAY 2~2Ofl4
STATE OF
ILLINOIS
Pollution Control Board
PCBN0. V
(Enforcement
-
1?otentially
Infectious Medical Wastes)
~ LAINT
Complainant, PEOPLE OF LIE ~\TE OF ILLINOIS, by LISA MADIGAN,
Attorney General of the State of Illinois, on her own motion,
complains of Respondent, MEDICAL WASTE SOLUTIONS, INC., an Illinois
corporation, as foliown:
COUNT I
HAULING P1MW IN Z1”.~f UNAUTHORIZED VEHICLE
1. This Count is brought on behalf of the People of the
State of Illinois, by ISA ADIGAN, Attorney General of the State
of Illinois, on her own motion pursuant to Section 31 of the
Illinois Environmental Protectior Act (“Act”)
,
415 ILCS 5/31
(2004)
2. At all times relevant to .Lhe Complaint, Respondent.
MEDICAL WASTE SOLUTIONS, INC., was and is a corporation
incorporated
Ln the State of Illinois.
3. At all times relevant ~o the Complaint, Respondent
operated a ~ tentially infectious medical was~e (“P1MW”) collection
and hauling service.
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ItT1INOIS,
by LISA MADIGi:N, Attornoy General
• of the State
of Illinois,
Complainant,
_____
V.
MELCAL WASTE SOLUTIONS, INC.,
an Illinois Corporation,
Respondent.
4. At all
times relevant to the Compaint, Respondent was
permitted by the
Illinois Environmental Protection Agency to
collect and haul
P1MW
under P1MW Permit 44M9035.
5. On at• least January 9, 2003, Respondent used a rented
vehicle to collect
P1MW that: was generated in human patient care
for hauling from a medical facility located at or about 450 West
Illinois Route 22, Barrington, Lake County, Illinois.
6. On at least January 9, 2003, Respondent’s rented vehicle
was not enumerated in the application for P1MW Permit #M903t.
7.• On at least January 9, 2003, after P1MW
was placed in
the compartment of Respondent’s rented vehicle, the compartment
doors were left open while the vehicle was unattended.
8. On at least January 9, 2003, ResponDent’s rented vehicle
did not display any P1MW decal or the words “Permitted Medical
Waste Hauler” and permit number “M9035.”
9. On at least January 9, 2003, Respondent did not keep an
emergency response plan in ~t;srented vehicle.
10., Respondent is subject to the Act, the PTI’h~ Regulations
promulgated by the Illinois Pollution Control Board (“Board”)
,
and
hi~e terms and
conditions
of P1MW Permit
#1119035.
11.
Section 56 ci the Act,. 415
ILCS
5/56
(2004)
,
provides,
in.
reievan.t part, as follows:
(a)
Tile General Assembly finds:
(1) that potentially
infectious m~dical
waste,
if
not handled properly,
may constitute
an
environmental
or public health problem.
(2) that potentially
infectious medical
waste,
if
not handled properly,
may present
,
a health
risk to handlers of the waste at the facility
• where the waste is generated, during
•
tfallsoortation
of the waste, and at the
•
facility receiving the waste.
(b)
It is the purpose of this Title to reduce the
potential enviroim~ental and public health risks
ascociated with potentially infectious medical
waste by establishing
statutory and regulatory
requirements to ensure that such waste will be
handled in a safe lnd responsibie manner
. .
12.
Section 55.1 of the Act, 415 ILC~ 5/56.1 (2004),
provides, in relev:~ntpart, as follows:
Acts prohibited.
(A)
No person shall:
•
***
(b) Cause or allow the delivery of army potentially
•
inFec1:’~ous medical waste for transpc :t,
storage or treatment,
a ‘transfer except in
accordance with the Board regulations.
***
(f)
Beginninc~ July 1, 1992, conduct any
potentiaI~’r infectious medical waste
transrortl~Lion ope;ration:
***
(2) In violation of
any condition of any
perrnD. issued by the Agency under this
Act.
(3)
In violaLion of any regulation adopted by
the Board
. .
13. Section 3.315 of the Act, 415 ILCS 5/3.315 (2004), provides
tb: following definition:
“PfRSON” is soy individual,
partnership,
co-partnership,
firm, company, limited liability
company, corporation,
ausociati m, joint stock company, trust, estate,
political
submivision, state agency, or any other legal
entity, or
their legal representative, agent or assigns.
3
14.
Respondent, a corporation,
is a “person” as that term is
defined in Section 3.315 of the Act.
15.
Section 3.360 of the Act, 415 ILCS 5/3.360 (2004),
provides, in relevant part, the following definition:
Potentially infectious medical waste.
(a) “Potentially infectious medical waste” means the
following types of waste generated in connection
with the diagnosis, treatment
(i.e.,
provision of
medical services)
,
or immunization of human hoings
or animals; research pertailTling to the provision of
medical services; or the production or testing of
biologicals:
(1) Cultures and stocks. This waste shall include
but not be limited to cultures and stocks of
agents infectious to humans, and associated
biologicals; cultures from medical: or
pathological laboratories; cultures and stocks
of infectious agents from research and
industrial; laboratories; wast s from the
production of bioloqicals; discarded liva or
attenuated vaccines; or culture dishes and
devines used to transfer, inoculate, or mix
cultures.
(2) Human pathological wastes. This
wate shall
include tissue, organs, and body p~
•
ts (:;xcept
teeth
and
the contiguous structures of
bone
and gum)
;
body fluids that are removed
during
• surgery, autopsy, or other medical procedures;
or specimens of body flul ds and their.
containers.
(3)
Human blood and blood products.
This waste
shall include discardc
‘•
human blood,
,
blood
compnents
(e.g.,
serum and ‘,~lasma)
,
or
saturated materi. al containing face flowing
blood or blood components.
(4)
TJsed’ sharps.
This waste shall include but not
to
1:Lmited to discarded
•
harps used in animal
or human patient care, medical research, or
ciiiiical or pharmaceutical laboratories;
hypodermic, intravenous,
or other medical
needles; hypodermic: or intravenous syringes;
Pasteur pipettes;
scalpel blades; or blood
vials. This waste shall also include but not
4
he
limited to other types of broken or
unbroken glass (including slides and cover
slips) in contact with infectious agent:.
***
(6) Isolation waste. This waste shall include
discarued materials contaminated
wiLh
blood,
excretions, exudates, and secretions from
humans that are isolated to pr test others
from highly communicable diseases.
“Hij’cly
coinnucicable diseases”, means those diseases
identified by the Board in rules adopted under
subsection (e) of Section 56.2 of this Act~
(7) Unused sharps. This waste shall include but
not be limited to the following unused,
discarded sharps: hypodermic, intravenous, or
other needles; hypodermic or intravenous
syringes; or scalpel blades
. .
16. The P1MW generated in human patient care that was
collected for hauling by Respondent on at least January 9, 2003,
from
a location at
cr
about 450 West Illinois Route 22, Barrington,
Lake County, Illinois, was “potentially infectious medical waste”
as defined i
i.
Section 3.360 of the Act.
17.
Standard Condition #2 ci P1MW Permit 4iM9035 provides as
follows:
All P1MW hauling covered by this permi(: shall he
conducted. is. strict compliance with the Act, and rule
and regulations by the Board or Illinois FIR.
18.
Standard Condition #3 of P1MW Permit #M9035
provides
as
lollows
here shall be no deviation from
the approved permit nod
all conditions thereof, and. no
P1MW hauling sha~L be
conducted in any vehicles not enumerated
in tha
application for pesmit.
19. By collectin.g P1MW for hauling on at leant January 9,
2003, in a rented vThicle that was not enumerated in the
5
application for P1MW Permit #M9035, Respondent violated Standard
Conditions #2 and #3 of P1MW Permit #M9035.
20.
~\r
violating Standard Conditions
#2 and #3 01 P1MW
Permit #M903.5, Respondent also violated Section 55.1(R) (f) of the
Act.
WHEREFORE,
Complainant, PEOPLE OF
THE
Sr.L~ATE OF ILLINOIS,
respectfully requests that the Illinois Pollution Control Board
enter a~ order
in favor of Complainant and against Respondent,
MEDICAL WASTE SOLUTIONS, INC.,
on Count I:
1. Authorizing a hearing in thi.s matter at which time
Respondent will be required to answer the allegations harem;
•
2.
Finding that Respondent violated the Act and regulations
alleged herein;
COUNT II
F7cILURE TO SECURE AN UNATTENDED_P1MW HAULING_VEHICLE
ACRIN~T
PUJ3Le
ACC.SS S
1-18. Complainant realleger: and. incorporates by reference
harem paragraphs 1 through 18 of Count I as paragraphs 1 through
18
o~this Count II.
19.
Section 1421.141(b) of the Board’s P1MW Regulations, 35
Ill. Adm. Code 1421.141(b); p:ovides, in relevant part, as fol1ow~:
Standards and Criteria.
**
(h) Packages of
P1MW must be transported only in
enclosed compartments of vehicles ::hat are secured
against public access when unattended
. .
20. Standard Condition #17 of P1MW Permit #M9035 provides as
follows:
Rl.l vehicles hauling P11417 must he e±aclosedand secure
against isublic access when unattended
. .
2:L. By leaving the P1MW-containing compartment open while
i’I:s
rented
vehicle was unattended on at leaat January 9, 2003,
hespondent violated Section 1421.141(b) of
the
Board’s P1MW
Regulations
22.
By leaving the P1MW-containing compar’tmen. open while
its rented vehicle was unattended on at least: January 9, 2003,
Respoim~e~ntviolated Standard Condition #17 of P1MW Permi~’, #149033
an~’l, thereby, viol ated Standard Conditions #2
and
:ft3 of P1MW P omit
#14901i
23.
By violating
Section 1421.141., (b) of the Board’
S
P11497
Regulations and Standard Conditions #2, #3 and #17 of P1MW Permit
7
#749035, Respondent also violateP Sections 56.1(A) (b) and (A) (f) of
the Act.
WHEREFORE, Complainant, PEOPLE 07 THE STATE
OF IlLINOIS,
respectfully requests that the Illinois
Pollution. Control Board
enter an order in favor of Complainant and against Respondent,
MEDICAL WASTE SOLUTIONS, INC., on. Count II:
1.
Authorizing a hearing in this matter at wiiich time
Respondent will he required to answer the allegations h.arei.n;
2.
Finding that Respondent violated the Act ~
.d
regulations
alleged
herein;
3.
Ordering Respondent to cease an.’l. desist from ‘further
violations of th. Act arid
regulations;
4.
Assess.ng a civil pasalty against Respondent in the
amount of Fifty Thousand Dollar
(~50,000.00) for each violation of
the Act. and regulations,
wath an additional penalty of Ten Thousand
Dollars ($10,000.00) for each day during which each violation
co’ntinae:
5.
Ordering Respondent pursuant to Section
2(f) o:J the
Act, 415 ILCi 5/~2(f)
,.
to pay, Compla.Lnet’ s attorney fees ‘:nd ccli
expel J.ed in I.
•~
puns nit of this ac cci; and
5
.
Granting such other relief as the Iloaru deems
appropriate and just..
0081741 11:1
II~RfLTP
Dl: Ct:
lm~
iL~~iiP~.TCuiF’
‘fJ.dATION
ON
P1MW
HAULING VDIHI(’. 9E
1 -18.
Comp1ain~nt reallege: and incorporates by reference
he’.cm’i.n paragraphs 1 through 18 of Count I as paragraphs
1 throigh.
8
18 of this Count III.
19.
Section
1421.141(g)
of the Board’s P1MW Regulations, 35
Ill.
Adm.
Code
l11~1l41(g), provides as follows:
Standards and Criteria.
*
-k
*
(g)
Vehicles transporting
P1MW must display information
in accordance with the P1MW hauling permit.
20.
P1MW Permit #749035 included P1MW d.ecals th’ 1: were to be
pl:(’~ed on both sides, of the permitted vehicle below the words
“P•r:uitted Medical Waste Hauler” and permit number “M9035”
as
indicated on page two of the permit application instructions and
all such. wordinq was to be printed in two-inch high hi.ock letters.
21. By failing to display a P1MW decal or
the words
“permitted Medical Waste Hauler” and permit number “749035” on the
rented vehicle used to collect P1MW for hauling on at least January
9,
2003, respondent violated Section
i’ll.l4l(g)
of ‘the Board’s
P1MW Regulations.
22.
By failing to display a P1MW decal or the words
“l?ermitted Medical Waste Hauler” and permi number “749035” on the
recited
yr
hide used to collect P1MW for hauling or at least January
9, 2003, Respondent violated Standc~rd Conditions #2 and #3 of P1MW
Permit #749035.
23.
By violdting Section 1421.141(g) o’f the Board’s PJiMd
Regulations and Standard Conditions #2 and #3 of P1MW Permit
#M9035, Respondent also violated Sections 55.1(A) (b) and (A) (1) of
the Act.
9
WHEREFORE, Complainant, PEOPLE OF
THL STATE OF ILLINOIS,
respectfully requests t:hat the Illinois Pollution Control Board
enter an order i~ favor of Complainant and against
Respondent,
MEDICRL WASTE SOLUTIONS, INC., on Count III:
1.
Authorizing a hearing in this matter
et
which time
Respondent will be required to answer the allegations
herein;
2.
Finding that Respondent violated the Act and regulations
alleged herein;
3.
Ordering Respondent to cease and desist from further
violations of the Act and regulations;
4.
Assessing a civil penalty against Respondent in the
amount
of
Fifty Thousand Dollars ($50,000.00) for each violation of
the Act and regulations, with :n additional penalty oj’: Ten
Thousand
‘Dollars ($10,000.00)
for each day durinp which each
violation.
continues.
5.
Orricring Respondent pussuant to’ Section 42(f) of lie
Act, 415 ILCS 5/42(f), tn pay Com~lainant’s attc.rne
f~os and costs
exp:’ndt’.id in it’s pursuit ci this action; an.d
5.
Granting such other r~
‘
id an: the Board nisems
ppro’pr ate and j:”st.
C,T:UNT 1 /
FAI:TRIRE .~o
~‘m~ts~
II~1:CENCYRBCPO1~TSEPI.’~DT
l:N P114W HA’ULI at vEl’.mll:
ml
1-18.
Complainant realleges
Id incorporates by
referenc a
herein paragraphs 1 through 18 of Count I as paragraphs 1 through
Iii of this Ccnnt IV.
10
19. Section 1421.141(h) of the Board’s P1MW Regulations, 35
Ill. Adm. Code 1421.141(h)
,
provides as folloRs:
Standards ant Criteria.
***
(h)
The transporter
shall develop and keep an emergency
response plan in the vehicle.
This plan must
identify the names and telephone numbers of State
and local authorities who must
be contacted in the
event of an emergency or discharge.
In
abe
event
of an eme’m’ gency or discharge of P1MW, the
transporter
sh: 11 take immediate action in
accordance with the emergency response “‘an to
protect the health and safety of the put
i.c
and the’
environment. I,n
addition, each vehicle
tra:,isporting P1MW must carry all equipment
necessary to provide a response.
20. Standard Condition
#19 of P1MW Permit #749035 provides as
follows:
The Permittee(s) shall develop and keep an cmer’ency
response plan in the vehicle.
This plan shall identify
the names and telephone numbers o,f state and local
authorit:ies that shall be contacted in the event of
an
emergency. In the event
of
any
discharge of P1MW, the
trs,rmeorter shall take immediate action in accordance
with the emergency response plan to protect the healtt
and safety of th’ public and the environment.
In
addition, t.’~ v~nocle transporting P1MW shall carry all.
equipment: necessary to provide arm init:ial response in
the event of
a’mi emeroency or discharge.
21.
By failinq to keep an emergency re’ponse plan in ii,
I
vehicle on at least January 9, 2003, Respondent violated
Section 1~21.141(h) of thc Board’s P1MW Regulations.
22.
By failing to
tm’
rep
‘i
emergency response plan in “tn
rented vehicle on at least January 9, 2003, Respondent violated
Standeud Condition #19 of P1MW Permit #749035 and, thereby, v’~olated
Standard Conditions #2 and #3 of P1MW Permit #M9035.
11
23. By violating Section 1,421.141(h) of the Board’s P1MW
Regulations aid Standard Conditions #2, #3 and 41-19 of P1MW Permit
#M903t, Respondent also violated Sections 55.1(A) (h) and (A)
(f) of
the Act.
WHEREFORE, Complainant,
PFOPLE OF THE STATE OF ILLINOIS,
-
respectfully
requests that the Il inois Pollution Control Boa~cd
enter an order in favor of Complainant and against: Respondent,
MEDICAL WASTE SOLUTIONS, INC., on Count IV
1.
Authorizing a hearin
in this matter at which time
Respondent will be
required
to answer the allegations herein;
2.
Finding that Respondent violated the Rct and regulations
alleged herein;
3. Ordering Respondent
to cerse an.d desist’-’.i rem further
violation’s of the Act and regulations;
4. Assessing a civil penalty agair ‘t Respondent in the
‘amount of Fifty Thousand Dollars ($50,000.00) for ucla
violation of
the Act and retulations, wich an. additional penalty of Ten Thousand
Tiolla~,
($10, 00000) for each day during which each violation
continues.
S
.
Ordering Respondent pursuar
to Section 11,7 (f) of Lice
Act, als ILCS 5/42(1)
/
Cc pay
Comr”iainaut’ s attorney fee:: a id
costs
expended :1cc its pursuit of this action; aid
5.
Granting
such other rel.i1 s
thc Board deems
appropriate and just.
12
BY:
PEOPLE OF THE
STfTB OF ILLINOIS,
by LISA MADIGAN,
Attorney General
of the State of Illinois
MNITT-IEW J
-
D’TN3 1, Chief
T.nvironmenial Enforcement and
imsbestos Liaiatip~ Division
OF COUNSEL:
Ml (IH.”,EB
a
PART ES
Ass’Lstar ‘..\ttc ‘nay General
Env.i.roni’n tel
Bureau/North
188 West Randolph Street, Suite 2001
Chicago, Illinois
50601
Tel: (‘112)81,4-2069
I
ARIE” :AzEAu
-~
.~
Assiut~d’. ~
General~
Enviro:.mmental Bure~ü/Ntffh.’~
13
.,
—
“
‘
“ ‘
‘‘‘‘
.
:-
REØVE~CLERK’SOFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
MAY
212004
STATE OF ILLINOIS
PEOPLE OF THE STATE OF ILLINOIS,
)
Pollution
Control Board
by LISA MADIGAN
Attorney General
of the State of Illinois,
Complainant,
)
PCB No.
O~
~
(Enforcement
-
Potentially
v.
)
Infectious Medical wastes)
MEDICAL WASTE SOLUTIONS, INC.,
an Illinois Corporation,
Respondent.
STIPULATION AND PROPOSAL FOR SETTLEMENT
The Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA
MADIGAN, Attorney General of the State of Illinois, at the request
of the Illinois Environmental Protection Agency (“Illinois EPA”)
/
and the Respondent, MEDICAL WASTE SOLUTIONS, INC. (“MWSI”), an
Illinois corporation, pursuant to 35 Ill. Adm. Code 103.302, do
hereby agree to this Stipulation and Proposal for Settlement
(“Agreement”) and submit it to the Illinois Pollution Control Board
(“Board”) for acceptance. The parties stipulate that the statement
of facts contained herein represents a fair summary of the evidence
and testimony that would be introduced by the parties if a hearing
were held. The parties further stipulate that the facts stated
herein are made and agreed upon for purposes of settlement only and
that neither the fact that a party has entered into this Agreement
nor any of the facts stipulated herein shall be used for any
purpose in this or any other proceeding, except to enforce the
terms hereof by the parties to this Agreement, and as otherwise
provided herein. If the Board accepts and enters this Agreement,
the parties agree to be bound by it and not to contest its validity
in any subsequent proceeding to implement or enforce its terms,
except for purposes of interpretation as provided for under Section
VI (Applicability) herein.
I.
JURISDICTION
The Board has jurisdiction of the subject matter herein and of
the parties consenting hereto pursuant to the Illinois
Environmental Protection Act (“Act”)
,
415 ILCS 5/i, et
seq.
(2004)
II.
AUTHORIZATION
The undersigned representatives for each party certify that
they are fully authorized by the party whom they represent to enter
into the terms and conditions of this Agreement and to legally bind
them to it. This Agreement may be signed in counterparts, all of
which shall be considered one Agreement.
III.
STATEMENT OF FACTS
A.
Parties
1.
Simultaneous to the filing of this Agreement, a
Complaint was filed
on behalf of the People of the State of
Illinois,
by Lisa Madigan, Attorney General of the State of
Illinois,
on her own motion and upon the request of the Illinois
2
EPA against MWSI pursuant to Section 31 of the Act, 415 ILCS 5/31
(2004)
2. The Illinois EPA is an administrative agency of the
State of Illinois, created pursuant to Section 4 of the Act, 415
ILCS 5/4 (2004)
3. At all times relevant to the Complaint, MWSI, an
Illinois corporation authorized to transact business in the State
off Illinois, was and is the operator of a potentially infectious
medical was’ e (“P1MW”) collection and hauling service.
B.
Collection of
P1MW
by
MWSI
on January 9, 2003
1. At all times relevant to the Complaint, the Respondent
was permitted by the Illinois EPA to collect and haul P1MW under
P1MW Permit #M9035, which provides in relevant part as follows:
a. Standard Condition #2 provides that “all P1MW
hauling covered by this permit shall be conducted in strict
compliance with the Act, and rules and regulations by the
Board or Illinois EPA.”
b. Standard Condition #3 provides that “there shall
be no deviation from the approved permit and all conditions
thereof, and no P1MW hauling shall be conducted in any
vehicles not enumerated in the application for permit.”
c. Standard Condition #17 provides that “all
vehicles hauling P1MW must be enclosed and secure against
public access when unattended
. . .
d. Standard Condition #19 provides as follows:
The Permittee(s)
shall develop and Inamep an emergency
response plan in the vehicle.
This plan shall identify
the names and telephone numbers of state and local
authorities that shall be contacted in the event of an
emergency.
In the event of any discharge of P1MW, the
transporter shall take immediate action in accordance
with the emergency response plan to protect the health
and safety of the public and the environment. In
addition, the vehicle transporting P1MW shall carry all
equipment necessary to provide an initial response in
the event of an emergency or discharge.
e. P1MW Permit #M9035 also included P1MW decals that
were to be placed on both sides of the permitted vehicle below
the words “Permitted Medical Waste Hauler” and permit number
“M9035” as indicated on page two of the permit application
instructions and all such wording was to be printed in two-
inch high block letters.
2. On January 9, 2003, the Respondent used a rented vehicle
to collect P1MW that was generated in human patient care for
hauling from a medical facility located at or about 450 West
Illinois Route 22, Barrington, Lake County, Illinois.
3. On January 9, 2003, the Respondent’s rented vehicle was
not enumerated in the application for P1MW Permit #M9035.
4. On January 9, 2003, after P1MW was placed in the
compartment of the Respondent’s rented vehicle, the compartment
doors were left open while the vehicle was unattended.
5.
‘
On January 9, 2003, the Respondent’s rented vehicLe did
not display any P1MW decal or the words “Permitted Medical Waste
Hauler” and permit number “M9035.”
6. Lastly, on January 9, 2003,
the
Respondent did not keep
an emergency response plan
in
its rented vehicle.
4
C.
Allegations
of Non-Compliance
The Complainant alleges that the Respondent violated the
following provisions of the Act, Board’s P1MW Regulations and P1MW
Permit #749035:
Count I:
Hauling P1MW in an unauthorized vehicle in
violation of 415 ILCS 5/56.1(A) (f) (2004) and
Standard Conditions #2 and #3 of P1MW Permit
#M9035;
Count II:
Failure to secure an unattended P1MW hauling
vehicle against public access in violation of
415 ILCS 5/56.1(A) (b) and (A) (f) (288.4), 35
Ill. Adm. Code
1421.141(b),
ahd Staic.crd
Conditions #2, #3 and #17 of P1MW Permit
#M9035;
Count III:
Failure to display required information on
P1MW hauling vehicle in violation of 415 ILCS
5/56.1(A) (b) and (A) (f) (2004), 35 Ill. Adm.
Code 1421.141(g), and Standard Conditions #2
and #3
of
P1MW Permit
#M9035; and
Count IV:
Failure to keep emergency response plan in
P1MW hauling vehicle in violation of 415 ILCS
5/55.1(A) (b) and (A) (f) (2004), 35 Ill. Adm.
Code 1421.141(h), and Standard Conditions #2,
#3 and #19 of P1MW Permit #749035.
D. Non-Admission of
Alleged Violations
The Respondent does not admit to
violations alleged in the
Complaint filed in this case and referenced herein.
IV.
APPLICABILITY
This Agreement shall apply to and be binding upon the
Complainant and the Respondent, and any officer,
director,
agent,
or employee of the Respondent, as well as any successors or assigns
of the Respondent. The Respondent shall not raise as a defense to
5
any enforcement action taken to enforce this Agreement the failure
of any of its officers, directors, agents or employees to take such
action as shall be required to comply with the provisions of this
Agreement.
V.
COMPLIANCE WITH OTHER LAWS AND REGULATIONS
This Agreement in no way affects the Respondent’s
responsibility to comply with any other federal, state or local
laws or regulations, including, but not limited to, the Act, the
regulations promulgated thereunder and P1MW Permit #M9035.
VI.
FORUM
The pa’rties agree that the forum of any action commenced for
the purposes of interpretation and enforcement of the terms and
conditions of this Agreement shall be the Circuit Court of Cook
County, Illinois.
VII.’
SEVERABILITY
It is the intent of the parties that
the provisions of this
Agreement shall be severable, and should
any provision be declared
by a court
of competent jurisdiction to be’ inconsistent with
state
or federal law, and therefore unenforceable, the remaining
provisions shall remain in full force and effect.
6
VIII.
FACTS AND CIRCUMSTANCES BEARING UPON THE
REASONABLENESS OF THE ALLEGED VIOLATIONS
1. Section 33(c) of the Act, 415 ILCS 5/33(b) (2004),
provides as follows:
(c)
In making its orders and determinations,
the Board
shall take into consideration all the facts and
circumstances bearing upon the reasonanleness of the
emissions, discharges or deposits involved including,
but not limited to:
(i) the characte: and degree of injury to, or
interference with the protection of the health,
general welfare ar:J physical property of the
people;
(ii) the social and economic value of the pollution
source;
(iii) the suitability or unsuitability of the
pollution source to the area in which it is
located, including the question of priority of
location in the area involved;
(iv) the technical practicability and economic
reasonableness of reducing or eliminating the
emissions, discharges or deposits resulting from
such pollution source; and
(v) any subsequent compliance.
2. Section 103.302 of the Board regulations, 35 Ill. Adm.
Code 103.302, further provides that a written statement addressing
the facts and circumstances listed in Section 33(c) of the Act must
be contained in all Stipulations and Proposals for Settlement to
the Board.
3. In response to the factors set forth in Section 33(c) of
the Act, the parties state as follows:
a. This case involved the improper hauling of P1MW.
The parties stipulate that, if not hauled properly, P1MW may
7
constitute an environmental or public health problem, and also
may present a health risk to handlers of the waste during
transportation of the waste. However, in the present case,
the parties are not aware of actual injury to the environment
or public health as a result of the alleged violations.
b. The parties stipulate that the collection and
hauling of P1MW, when done in accordance with the Act, Board’s
P1MW Regulations and applicable P1MW Permit, has social and
economic value.
c. The medical facility at which the subject P1MW was
generated is suitable for the area in which it is located.
d. The parties stipulate that safe and responsible
hauling of P1MW is technically practical and economically
reasonable.
e.
,
Subsequent to the time frame of the alleged
violations, the Respondent has acted in compliance with the
Act, Board’s P1MW Regulations and P1MW Permit #M9035.
Ix.
CONSIDERATION OF THE SECTION 42(h) FACTORS
1. Section 42(h) of the Act, 415 ILCS 5/42(h) (2004),
provides as follows:
Civil penalties.
-k
*
*
(li) In determining the appropriate civil penalty to be
imposed under subdivisions
(a)
,
(b) (1)
/
(b) (2)
,
(b) (3)
/
or (b) (5) of thid Section, the Board is authorized to
consider any matters of record i.n mitigation or
8
aggravation of penalty, including but not limited to the
following factors:
(1) the duration and gravity of the violation;
(2) the presence or absence of due diligence on the
part of the respondent in attempting to comply with
requirements of this Act and regulations thereunder
or to secure relief therefrom as provided by this
Act;
(3) any economic benefits accrued by the respondent
because of delay in compliance with requirements,
in which case the economic benefits shall be
determined by lowest cost alternative for achieving
compliance;
(4) the amount of monetary penalty which will serve
to ,deter further violations by the respondent and
to otherwise aid in enhancing voluntary compliance
with this Act by the respondent and other persons
similarly subject to the Act; and
(5) the number, proximity
in time, and gravity of
previously adjudicated violations of this Act by
the respondent;
(6) whether the respondent voluntarily self-
disclosed, in accordance with subsection (i) of
this Section, the non-compliance to the Agency; and
(7) whether the respondent has agreed to undertake
a “supplemental. environmental project,” which means
an environmentally beneficial project that a
respondent agrees to undertake in settlement of an
enforcement action brought under this Act, but
which the respondent is not otherwise legally
obligated to perform.
2. In response to the above factors set forth in Section
42(h) of the Act, the parties state as follows:
a. The Complainant states that the duration of the
alleged violations was one day, which is low. The Complainant
contends that the gravity of the violations was high because
disease can be transmitted among humans through the improper
collection and hauling of P1MW.. The Complainant contends that
9
approximately half of the $13,000 civil penalty against the
Respondent is gravity-based.
b. Following the time frame of the alleged violations,
the Respondent exhibited due diligence by remedying the
alleged violations on the same day that they were observed,
and exhibited due diligence in its methods of operation
thereafter by complying with the requirements of the Act,
regulations promulgated thereunder’ and P1MW Permit #M9035.
c. Following the initiation of this enforcement
action, the Respondent contends that it spent approximately
$33,000 to purchase and permit an additional P1MW hauling
vehicle, worked with OSHA to conduct a mock survey evaluating
its procedures, and sponsored a seminar with U.S. DOT and its
customers on the proper packaging of medical waste to ensure
future compliance with the Act, regulations promulgated
thereunder and P1MW Permit #M9035. The parties stipulate that
the purchase and permitting of an additional P1MW hauling
vehicle and mock survey and seminar negated any economic
benefit accrued by the Respondent because of a delay in
compliance with requirements.
d. The Complainant contends that the civil penalty to
be paid by the Respondent will serve to deter any future
violations of the Act, regulations promulgated thereunder crud
P1MW Permit #M9035, and will enhance voluntary compliance with
‘federal and state environmental laws. The Complainant further,
10
contends that approximately half of the $13,000 civil penalty
against the Respondent is deterrence-based.
e. The Complainant is not aware of any previously
adjudicated violations of the Act by the Respondent.
f. The parties stipulate that the respondent did not
voluntarily self-disclose, in accordance with Section 42(i) of
the Act, the alleged violations to the Illinois EPA.
g. Respondent has not agreed to undertake a
supplemental environmental project in sru:tlement.
x.
TERMS OF SETTLEMENT
-
A. Penalty
1. The Respondent shall pay a civil penalty of Thirteen
Thousand Dollars ($13,000.00) within 14 calendar days after the
date upon which the Board issues a final order accepting this
Agreement.
2. The Respondent’s civil penalty payment shall be made by
check or money order, payable to the Illinois EPA for deposit in
the Environmental Protection Trust Fund (“EPTF”) and shall be sent
by first class mail and delivered to:
Illinois Environmental Protection Agency
Fiscal Services Divisio’a
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
3. The name, case number, and the Respondent’s Federal
Employer Identification Number (“FEIN”), 36-4253857, shall appear
11
on the. face of the check or money order. A copy of the check or
money order and the transmittal letter shall be sent to:
Michael C. Partee (or other designee)
Assistant Attorney General
Environmental Bureau/North
188 West Randolph Street, Suite 2001
Chicago, Illinois 60601
4. For purposes of payment and collection, the Respondent
may be reached at the following address:
Russell A. IKarlins
Medical Waste Solutions, Inc.
P.O. Box 64787
Gary, Indiana 46401
5. In the event of default, the Complainant shall be
entitled to reasonable cost’: of collection, including reasonable
attorney’s fees, as determined by the Circuit Court.
B.
Interest on Penalties
1. As required by Section 42(g) of the Act, 415 ILCS
5/42 (g) (2004), interest shall accrue on any penalty amount owed by
the Respondent not paid within the time prescribed herein, at the
maximum rate allowable under Section 1003 (a) of the Illinois Income
Tax Act, 35 ILCS 5/1003 (a) (2004)
2. Interest on any unpaid penalty shall begin to accrue
from the date the penalty is due and continue to accrue to the date
payment is received by the Illinois EPA.
3. Where partial payment is made on the penalty amount that
is due, such partial payment shall
be first applied to any
interest
on the unpaid penalty then owing.
4. All interest on the penalt.y owed the Complainant shall
be paid by check or money ordc.r payable to the Illinois EPA for
12
deposit in the EPTF at the above-indicated address. The name, case
number, and the Respondent’s FEIN shall appear on the face of the
check or money order. A copy of the check or money order and the
transmittal letter shall be sent to:
Michael C. Partee (or other designee)
Assistant Attorney General
Environmental Bureau/North
188 West Randolph Street, Suite 2001
Chicago, Illinois 60601
C. Future Use
Notwithstc.ading any other language in this Agreement, this
Agreement may be used against the Respondent, for purposes of
Section 39(i) and/or 42(h) of the Act, 415 ILCS 5/39(i) and/or
5/42 (h) (2004)
,
in any subsequent enforcement action or permit
proceeding as evidence of a past adjudication of violation of the
Act and the regulations promulgated thereunder.
D.
Cease
and Desist
The Respondent shall comply with the Act, regulations
promulgated thereunder and P1MW Permit #M9035, including but not
limited to those sections of the Act, regulations promulgated
thereunder and P1MW Permit #M9035 that were the subject matter of
the Complaint as outlined in Section III.C of this Agreement.
E.
Release
from Liability
1.
In consideration
of the Respondent’s payment of a
$13,000.00 penalty and any accrued interest thereon, the
Complainant releases, waives and discharges the Respondent from any
further liability or penalties for alleged violations of the Act,
Board’s P1MW Regulations and P1MW Permit #M9035 that were the
13
subject matter of the Complaint herein. The release set forth
above does not extend to any matters other than those expressly
specified in the Complainant’s Complaint filed simultaneous with
this Agreement. The Complainant reserves, and this Agreement is
without prejudice to, all rights of the State of Illinois against
the Respondent with respect to all other matters, including hut not
limited to, the following:
a. criminal liability;
b. liability for future violation of state, federal,
local, and common laws and/or regulations;
c. liability for natural resources damage arising out
of the alleged violations; and
e. liability or claims based on the Respondent’s
failure to satisfy the requirements of this Agreement.
2. Nothing in this Agreement is intended as a waiver,
discharge, release, or covenant not to sue for any claim or cause
of action, administrative or judicial, civil or criminal, past or
future, in law or in equity, which the State of Illinois or the
Illinois EPA may have against any person, as defined by Section
3.315 of the Act, 415 ILCS.5/3.3l5 (2004), or entity which is not
bound by this Agreement, as provided in Section IV (Applicability)
of this Agreement.
F. Enforcement of Agreement
1.
Upon the acceptance of this Agreement by the Board, any
party hereto, upon motion,
may reinstate these proceedings solely
for the purpose of enforcing the terms and conditions of this
14
Agreement. This Agreement is a binding and enforceable order of
the Board and may be enforced as such through any and all available
means.
2. The Respondent agrees that notice of any subsequent
proceeding to enforce this Agreement may be
made
by mail and waives
any requirement of service of process.
WHEREFORE, the parties,
by
their representatives, enter into
this Agreement and submit it to the Board that it may be accepted
and entered.
AGREED:
FOR
THE COMPLAINANT:
-
PEOPLE OF THE STATE OF ILLINOIS
by LISA MADIGAN, Attorney General
of the State of Illinois
MATTHEW J. DUNN, Chief
ILLINOIS ENVIRONMENTAL
Environmental Enforcement/
PROTECTION AGENCY
Asbestos Litigation Division
BY:
ROP’~M~RI~CAZEA’
Environme~rt~lBureau,
Assistant Attorney General
DATE:
____
_______
FOR THE RESPONDENT:
MEDICAL WASTE SOLUTIONS, INC.
BY:
/~
~
/(~(
ITS:
i’5~m’ m~
‘t~ (7\_
DATE:
-..~
/~i
I
DATE:
15
.
REc’EnVED
CLERK’S OFFICE
BEFORE
THE ILLINOIS POLLUTION CONTROL BOARD
MAY 2 1 2004
PEOPLE OF THE STATE OF ILLINOIS,
)
STATE OF ILLINOIS
by
LISA MADIGAM Attorney General
)
Pollution Control Board
of the State of Illinois,
Complainant,
)
PCB No.
___________
(Enforcement
-
Potentially
v.
)
Infectious Medical Wastes)
MEDICAL WASTE SOLUTIONS, INC.,
an
Illinois Corporation,
Respondent.
MOTION TO REQITEST RELIEF FROM HEARING REQUIREMENT
NOW COMES the Complainant, PEOPLE OF THE STATE OF ILLINOIS, by
LISA MADIGAN, Attorney General of the State of Illinois, and
requests relief from the hearing requirement in this case pursuant
to Section 31(c) (2) of the Illinois Environmental Protection Act
(“Act”), 415 ILCS 5/31(c) (2) (2002), and Section 103.300 of the
Illinois Pollution Control Board (“Board”) Procedural Rules, 35
Ill. Adm. Code 103.300. In support of its Motion, the Complainant
states as follows:
1. Section 31(c)(2) of the Act allows the parties in
certain enforcement cases to request relief from the mandatory
hearing requirement where the parties submit to the Board a
Stipulation and Proposal for Settlement. Section 31(c) (2) provides
as follows:
Notice; complaint; hearing.
*
*
-k
(c) (2) Notwithstanding the provisions of subdivision (1)
of this subsection (c)
,
whenever a complaint has been
filed on behalf of the Age!’lcy or by the People of the
State of Illinois, the parti.es may file with the Board a
stipulation and proposal for
settlement accompanied by a
request for relief from the requirement of a hearing
pursuant to subdivision (1)
.
Unless the Board, in its
discretion, concludes that a hearing will be held, the
Board shall cause notice of the stipulation, proposal
and request for relief to he published and sent in the
same manner as is required for hearing, pursuant to
subdivision (1) of this subsection. The notice shall
include a statement that any person may file a written
demand for hearing within 21 days after receiving the
notice. If any person files a timely written demand for
hearing, the Board shall deny the request for relief
from a hearing and shall hold a hearing in accordance
with the provisions of subdivision (1)
2. Board Procedural Rule 103.300 provides, in relevant
part, as follows (emphasis in original)
Request for Relief from Hearing Requirement in State
Enforcement Proceeding.
(a)
Whenever a complaint has been filed
on
behalf
of
the
Agency or by the People of the State
of
Illinois, the
parties may file with the Board a proposed stipulation
and settlement accompanied by a request for relief from
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS,
by LISA MADIGAN, Attorney General
of the State of Illinois
BY:
_______
_______
MICHAEL C. PARTEE
Assistant Attorney General
Environmental Bureau/North
188 West Randolph Street, Suite 2001
Chicago, Illinois 60601
Tel: (312)814-2069
3
