ILLINOIS POLLUTION CONTROL BOARD
    May 18, 2006
     
     
    PEOPLE OF THE STATE OF ILLINOIS,
     
    Complainant,
     
    v.
     
    THE CARLE FOUNDATION HOSPITAL, an
    Illinois not-for-profit corporation,
     
    Respondent.
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    PCB 06-172
    (Enforcement - Land)
     
    ORDER OF THE BOARD (by G.T. Girard):
     
    On May 11, 2006, the Office of the Attorney General, on her own motion and at the
    request of the People of the State of Illinois (People), filed a two-count complaint against the
    Carle Foundation Hospital.
    See
    415 ILCS 5/31(c)(1) (2004); 35 Ill. Adm. Code 103.204.
    Accompanying the complaint was a stipulation and proposal for settlement. The complaint
    concerns The Carle Foundation Hospital’s medical services facility at 701 East University
    Avenue, Urbana, Champaign County.
     
    The People allege that the Carle Foundation Hospital violated Section 56.1(b), (d), and
    (e) of the Environmental Protection Act (Act) (415 ILCS 5/56.1(b), (d), and (e) (2004)) and 35
    Ill. Adm. Code 1420.104, 1421.111, and 1421.121. The People further allege that the Carle
    Foundation Hospital violated these provisions on July 19, 2004, by causing or allowing a red bag
    of waste containing used sharps to become mixed with other wastes so that (1) it caused or
    allowed the delivery of potentially infectious medical waste (PIMW) for transport to a municipal
    solid waste landfill for disposal; and (2) it caused or allowed the acceptance of PIMW for
    transport by a transporter not licensed to transport PIMW and without a required PIMW
    manifest.
     
    On May 11, 2006, the People and the Carle Foundation Hospital 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) (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, the Carle Foundation Hospital admits the alleged violations and agrees to
    pay a civil penalty of $6,200. The Carle Foundation Hospital further agrees to undertake a
    supplemental environmental project (SEP) having a total value of $5,785, consisting of a
    mercury thermometer exchange program and related disposal for up to 500 mercury
    thermometers. Carle has also taken various actions to ensure that this type of violation does not
    occur again.
     
    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) (2000); 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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