ILLINOIS POLLUTION CONTROL BOARD
November 2, 2006
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
PROVENA HOSPITALS d/b/a PROVENA
UNITED SAMARITANS MEDICAL
CENTER, an Illinois not-for-profit
corporation, and RESURRECTION
CATHOLIC CEMETERY ASSOCIATION
OF DANVILLE, ILLINOIS, an Illinois not-
for-profit corporation,
Respondents.
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PCB 07-28
(Enforcement – Land)
ORDER OF THE BOARD (by A.S. Moore):
On October 24, 2006, the Office of the Attorney General, on behalf of the People of the
State of Illinois (People), filed a complaint against Provena Hospitals d/b/a Provena United
Samaritans Medical Center (Provena) and Resurrection Catholic Cemetery Association of
Danville, Illinois (Resurrection) (collectively, respondents).
See
415 ILCS 5/31(c)(1) (2004); 35
Ill. Adm. Code 103.204.
The People allege that respondents violated Sections 56.1(A)(a), 56.1(A)(b), 56.1(A)(d),
56.1(A)(h),and 56.1(A)(i) of the Environmental Protection Act (Act) (415 ILCS 5/56.1(A)(a),
56.1(A)(b), 56.1(A)(d), 56.1(A)(h), and 56.1(A)(i) (2004)) and Section 1420.104 of the Board’s
biological materials regulations (35 Ill. Adm. Code 1420.104). The People further allege that
respondents violated these provisions by causing or allowing the disposal of potentially
infectious medical waste (PIMW) consisting of human pathological wastes and body parts at the
cemetery. The People further allege that respondents violated these provisions by causing or
allowing the delivery or transfer of PIMW for transport without strict compliance with Board
regulations, without a permit issued by the Illinois Environmental Protection Agency, and
without a competed PIMW manifest. The People further allege that respondents violated these
provisions by causing or allowing the transport of PIMW without a completed PIMW manifest
and without payment of the fee required by the Act. The complaint concerns Provena’s
operation of a hospital at 812 North Logan Avenue, Danville, Vermilion County. The complaint
also concerns Resurrection’s operation of a cemetery at 818 Wendt Street, Danville, Vermilion
County.
The Board accepts the complaint for hearing.
See
35 Ill. Adm. Code 103.212(c). A
respondent’s failure to file an answer to a complaint within 60 days after receiving the complaint
may have severe consequences. Generally, if either of the two respondents fails on or before that
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deadline to file an answer specifically denying, or asserting insufficient knowledge to form a
belief of a material allegation in the complaint, the Board will consider that respondent to have
admitted the allegation. 35 Ill. Adm. Code 103.204(d). The Board directs the hearing officer to
proceed expeditiously to hearing.
IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above order on November 2, 2006, by a vote of 4-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board