ILLINOIS POLLUTION CONTROL BOARD
July 22, 2004
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
MEDICAL WASTE SOLUTIONS, INC., an
Illinois corporation,
Respondent.
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PCB 04-206
(Enforcement - Land)
OPINION AND ORDER OF THE BOARD (by J.P. Novak):
On May 21, 2004, the Office of the Attorney General, on behalf of the People of the State
of Illinois (People), filed a complaint against Medical Waste Solutions, Inc. (Medical Waste
Solutions).
See
415 ILCS 5/31(c)(1) (2002); 35 Ill. Adm. Code 103.204. The People allege that
Medical Waste Solutions violated Section 56.1(A)(b) and (A)(f) of the Environmental Protection
Act (Act) (415 ILCS 5/56.1(A)(f) (2002)); 35 Ill. Adm. Code 1421.141(b) and (g); and standard
conditions 2, 3, 17, and 19 of potentially infectious medical waste (PIMW) permit #M9035. The
People further allege that Medical Waste Solutions violated these provisions by hauling PIMW
in an unauthorized vehicle, leaving a PIMW-containing compartment open while the vehicle was
unattended, failing to mark both sides of the vehicle with PIMW decals and the permit number,
and failing to keep a copy of an emergency response plan in the vehicle. The complaint concerns
Medical Waste Solutions’ PIMW collection and hauling service from a medical facility at 450
Illinois Route 22, Barrington, Lake County.
On May 21, 2004, the People and Medical Waste Solutions also filed a stipulation and
proposed settlement, accompanied by a request for relief from the hearing requirement of Section
31(c)(1) of the Act (415 ILCS 5/31(c)(1) (2002)). This filing is authorized by Section 31(c)(2)
of the Act (415 ILCS 5/31(c)(2) (2002)), which requires that the public have an opportunity to
request a hearing whenever the State and a respondent propose settling an enforcement action
without a public hearing.
See
35 Ill. Adm. Code 103.300(a). The Board provided notice of the
stipulation, proposed settlement, and request for relief from hearing. The Board published
newspaper notice in the
Barrington Courrier-Review/Pioneer Press
on June 17, 2004. The
Board did not receive any requests for hearing. The Board grants the parties’ request for relief
from the hearing requirement.
See
415 ILCS 5/31(c)(2) (2002); 35 Ill. Adm. Code 103.300(b).
Section 103.302 of the Board’s procedural rules sets forth the required contents of
stipulations and proposed settlements. 35 Ill. Adm. Code 103.302. These requirements include
stipulating to facts on the nature, extent, and causes of the alleged violations and the nature of
Medical Waste Solutions’ operations. Section 103.302 also requires that the parties stipulate to
facts called for by Section 33(c) of the Act (415 ILCS 5/33(c) (2002)), which bears on the
reasonableness of the circumstances surrounding the alleged violations. The People and Medical
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Waste Solutions have satisfied Section 103.302. Medical Waste Solutions neither admits nor
denies the alleged violations. The stipulation also addresses the factors of Section 42(h) of the
Act (415 ILCS 5/42(h) (2002),
as amended by
P.A. 93-575, (eff. Jan. 1, 2004), which may
mitigate or aggravate the civil penalty amount. Medical Waste Solutions agrees to pay a civil
penalty of $13,000. Medical Waste Solutions contends that it has already spent $33,000 to
purchase and permit an additional PIMW hauling vehicle and engage in other compliance-
oriented activities, which the parties stipulate negates any economic benefit that Medical Waste
Solutions’ derived from delayed compliance. The Board accepts the stipulation and proposed
settlement.
This opinion constitutes the Board’s findings of fact and conclusions of law.
ORDER
1.
The Board accepts and incorporates by reference the stipulation and proposed
settlement.
2.
Medical Waste Solutions must pay a civil penalty of $13,000 no later than August
5, 2004, which is the 14th day after the date of this order. Medical Waste
Solutions must pay the civil penalty by certified check or money order, payable to
the Environmental Protection Trust Fund. The case number, case name, and
Medical Waste Solutions’s federal employer identification number must be
included on the certified check or money order.
3.
Medical Waste Solutions must send the certified check or money order to:
Illinois Environmental Protection Agency
Fiscal Services Division
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois 62794-9276
4.
Penalties unpaid within the time prescribed will accrue interest under Section
42(g) of the Environmental Protection Act (415 ILCS 5/42(g) (2002)) at the rate
set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)
(2002)).
5.
Medical Waste Solutions must cease and desist from the alleged violations.
IT IS SO ORDERED.
Section 41(a) of the Environmental Protection Act provides that final Board orders may
be appealed directly to the Illinois Appellate Court within 35 days after the Board serves the
order. 415 ILCS 5/41(a) (2002);
see also
35 Ill. Adm. Code 101.300(d)(2), 101.906, 102.706.
Illinois Supreme Court Rule 335 establishes filing requirements that apply when the Illinois
Appellate Court, by statute, directly reviews administrative orders. 172 Ill. 2d R. 335. The
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Board’s procedural rules provide that motions for the Board to reconsider or modify its final
orders may be filed with the Board within 35 days after the order is received. 35 Ill. Adm. Code
101.520;
see also
35 Ill. Adm. Code 101.902, 102.700, 102.702.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above opinion and order on July 22, 2004, by a vote of 5-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
