ILLINOIS POLLUTION CONTROL BOARD
June 15, 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)
OPINION AND 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 limits set by permit and regulation, by allowing 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).
The Board provided notice of the stipulation, proposed settlement, and request for relief.
The newspaper notice was published in the
Jacksonville Journal-Courier
on May 6,
2006. 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) (2004); 35 Ill.
Adm. Code 103.300(b).
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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 Passavant’s 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) (2004)). The
People and Passavant have satisfied Section 103.302. 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. 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.
Passavant must permanently cease operation of its
hospital/medical/infectious waste incinerator by either removing it or
rendering it inoperable. In addition, Passavant must continue to take
necessary actions to dispose of all hospital/medical/infectious waste.
3.
Passavant 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) (2004);
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 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 June 15, 2006, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board
