ILLINOIS POLLUTION CONTROL BOARD
    May 18, 2006
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    PASSAVANT AREA HOSPITAL, an Illinois
    not-for-profit corporation,
    Respondent.
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    PCB 03-183
    (Enforcement - Air)
    ORDER OF THE BOARD (by A.S. Moore):
    On November 26, 2003, the Office of the Attorney General, on behalf of the People of
    the State of Illinois (People), filed a second supplemental and amended complaint against
    Passavant Area Hospital (Passavant).
    See
    415 ILCS 5/31(c)(1) (2004); 35 Ill. Adm. Code
    103.204. The People allege that Passavant violated Sections 9(a), 9(b), and 39.5(6)(a) of the
    Illinois Environmental Protection Act (Act) (415 ILCS 5/9(a), 9(b), and 39.5(6)(a) (2004)). The
    People further allege that Passavant violated 35 Ill. Adm. Code 201.141; 219.125(b); 229.146;
    229.148; 229.152(a); 229.166(a); 229.170(a); 229.182(a)(3), (a)(7), and (g); 254.203, and
    254.204. The People further allege that Passavant violated the following conditions of Clean Air
    Act Permit Program (CAAPP) permit 0090039: 5.6.1; 5.6.2(a); 7.1.6(a); 7.1.8; 7.1.9(g) and (i);
    7.1.10(a), (d), and (d)(iv); 7.1.11(b) and (a)(iii); 9.7; and 9.8.
    The People allege that Passavant violated these provisions by operating an emission
    source in excess of the limits set by permit and regulation, by allowing the operation of the
    source by operators that were not properly certified, by operating an emission source without
    engaging in required monitoring and testing and without maintaining required records, and by
    installing and modifying an air pollution control device without obtaining a construction permit.
    The complaint concerns Passavant’s medical/infectious waste incinerator facility at 1600 West
    Walnut Street, Jacksonville, Morgan County.
    On May 4, 2006, the People and Passavant 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) (2004)). This filing is authorized by Section 31(c)(2) of the Act (415 ILCS
    5/31(c)(2) (2004)).
    See
    35 Ill. Adm. Code 103.300(a). Under the proposed stipulation,
    Passavant admits the alleged violations. Passavant has committed to permanently cease
    operation of its hospital/medical/infectious waste incinerator (HMIWI) and to either remove it or
    render it inoperable. In addition, Passavant shall continue to take necessary actions to dispose of
    all hospital/medical/infectious waste.
    Unless the Board determines that a hearing is needed, the Board must cause notice of the
    stipulation, proposed settlement, and request for relief from the hearing requirement. Any person
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    may file a written demand for hearing within 21 days after receiving the notice. If anyone timely
    files a written demand for hearing, the Board will deny the parties’ request for relief and hold a
    hearing. 415 ILCS 5/31(c)(2) (2004); 35 Ill. Adm. Code 103.300(b), (c). The Board directs the
    Clerk of the Board to provide the required notice.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
    adopted the above order on May 18, 2006, by a vote of 4-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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