ILLINOIS POLLUTION CONTROL BOARD
December 6, 2007
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)
OPINION AND 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) (2006); 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) (2006)) 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; 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; and 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.
On October 10, 2007, the People and one of the two respondents, Provena, 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) (2006)). This filing is
authorized by Section 31(c)(2) of the Act (415 ILCS 5/31(c)(2) (2006)).
See
35 Ill. Adm. Code
103.300(a). The Board provided notice of the stipulation, proposed settlement, and request for
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relief. The newspaper notice was published in the
Commercial-News
of Danville, Illinois on
October 13, 2007. The Board did not receive any requests for hearing. The Board grants the
request from the People and Provena for relief from the hearing requirement.
See
415 ILCS
5/31(c)(2) (2006); 35 Ill. Adm. Code 103.300(b).
On October 16, 2007, the People and the other respondent, Resurrection, 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) (2006)). This filing is
authorized by Section 31(c)(2) of the Act (415 ILCS 5/31(c)(2) (2006)).
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
Commercial-News
of Danville, Illinois on
October 20, 2007. The Board did not receive any requests for hearing. The Board grants the
request from the People and Resurrection for relief from the hearing requirement.
See
415 ILCS
5/31(c)(2) (2006); 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
respondents’ 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) (2000)). The People and Provena and
Resurrection have satisfied Section 103.302. Provena does not affirmatively admit the alleged
violations and agrees to pay a civil penalty of $70,000. Resurrection does not affirmatively
admit the alleged violations and agrees to pay a civil penalty of $30,000. The Board accepts the
stipulations and proposed settlements.
This opinion constitutes the Board’s findings of fact and conclusions of law.
ORDER
1.
The Board accepts and incorporates by reference the parties’ stipulations and
proposed settlements.
2.
Provena must pay a civil penalty of $70,000 no later than Monday, January 7,
2008, which is the first business day after the 30th day after the date of this order.
Provena must pay the civil penalty by certified check or money order, payable to
the Illinois Environmental Protection Agency and designated to the Illinois
Environmental Protection Trust Fund. The case number, case name, and
Provena’s federal employer identification number must be included on the
certified check or money order.
Resurrection must pay a civil penalty of $30,000 no later than Monday, January 7,
2008, which is the first business day after the 30th day after the date of this order.
Resurrection must pay the civil penalty by certified check or money order,
payable to the Illinois Environmental Protection Agency and designated to the
Illinois Environmental Protection Trust Fund. The case number, case name, and
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Resurrection’s federal employer identification number must be included on the
certified check or money order.
3.
Provena and Resurrection 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, IL 62794-9276
4.
Provena and Resurrection must send a copy of the certified check or money order
and any transmittal letter to
Environmental Bureau
500 South Second Street
Springfield, IL 62702
Kyle Davis, Assistant Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
5.
Penalties unpaid within the time prescribed will accrue interest under Section
42(g) of the Environmental Protection Act (415 ILCS 5/42(g) (2006)) at the rate
set forth in Section 1003(a) of the Illinois Income Tax Act (35 ILCS 5/1003(a)
(2006)).
6.
Provena and Resurrection 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) (2006);
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.
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I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that
the Board adopted the above opinion and order on December 6, 2007, by a vote of 4-0.
___________________________________
John T. Therriault, Assistant Clerk
Illinois Pollution Control Board
