2

The Act and Board rules provide that a petitioner may request, and the Board may grant,

an environmental standard that is different from the generally applicable regulation that

otherwise applies to that petitioner.

See

415 ILCS 5/28.1(a) (2006); 35 Ill. Adm. Code

104.400(a), 104.402. This form of regulatory relief is called an adjusted standard.

The procedures that govern an adjusted standard proceeding are found in Section 28.1 of

the Act and Part 104, Subpart D, of the Board’s procedural rules.

See

415 ILCS 5/28.1 (2006);

35 Ill. Adm. Code 104.400-428. The Board’s procedural rules specify the required contents for

the adjusted standard petition.

See

35 Ill. Adm. Code 104.406, 104.416. Once a petition for an

adjusted standard is filed, the Agency must file its recommendation with the Board.

See

415

ILCS 5/28.1(d)(3) (2006); 35 Ill. Adm. Code 104.416. The adjusted standard proceeding is

adjudicatory in nature and therefore is not subject to the rulemaking provisions of the Act or the

Illinois Administrative Procedure Act (5 ILCS 100/1-1

et seq

. (2006)).

See

415 ILCS 5/28.1(a)

(2006); 35 Ill. Adm. Code 101.202 (defining “adjudicatory proceeding”).

Section 28.1(d)(1) of the Act (415 ILCS 5/28.1 (2006)) and Section 104.408(a) of the

Board’s procedural rules (35 Ill. Adm. Code 104.408(a) (quoting the Act)) require the adjusted

standard petitioner to publish notice of the petition’s filing by advertisement in a newspaper of

general circulation in the area likely to be affected by the proposed adjusted standard. Under

those provisions, publication must take place within 14 days after the petition is filed. The

newspaper notice must indicate that any person may cause a public hearing to be held on the

proposed adjusted standard by filing a hearing request with the Board within 21 days after

publication.

See

415 ILCS 5/28.1(d)(1) (2006); 35 Ill. Adm. Code 104.408(b).

The burden of proof in an adjusted standard proceeding is on the petitioner.

See

415

ILCS 5/28.1(b), (c) (2006); 35 Ill. Adm. Code 104.426. Once granted, the adjusted standard,

instead of the rule of general applicability, applies to the petitioner.

See

415 ILCS 5/28.1(a)

(2006); 35 Ill. Adm. Code 101.202, 104.400(a). In granting adjusted standards, the Board may

impose conditions as may be necessary to accomplish the purposes of the Act.

See

415 ILCS

5/28.1(a) (2006); 35 Ill. Adm. Code 104.428(a).

PROCEDURAL HISTORY

On September 5, 2007, Stericycle filed a petition for an adjusted standard (Pet.). The

petition states that, “[u]nless an objection is raised by the Agency or a hearing is requested by a

member of the public or an interested party, Stericycle hereby waives hearing in this matter.”

Pet. at 10 (¶42).

On September 28, 2007, Stericycle timely filed with the Board proof of publication

indicating that the

Chicago Tribune

published notice of filing the petition on September 10,

2007.

See

35 Ill. Adm. Code 104.410 (requiring filing of certificate of publication within 30

days after filing petition). The Board did not receive a request to hold a hearing in this matter.

In an order dated October 18, 2007, the Board found that Stericycle’s petition did not

provide all of the information required by the Act and the Board’s regulations for an adjusted

standard petition.

See

415 ILCS 5/28.1 (2006); 35 Ill. Adm. Code 104.406. Accordingly, the

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3

Board directed Stericycle to address seven points of information in an amended petition to be

filed within 45 days.

On November 16, 2007, Stericycle file a motion for extension of time to file an amended

petition. In an order dated November 28, 2007, the hearing officer granted Stericycle’s motion

and directed Stericycle to file an amended petition by December 21, 2007.

On December 20, 2007, Stericycle filed its amended petition (Am. Pet.).

1

The amended

petition restated that, “[u]nless an objection is raised by the Agency or a hearing is requested by

a member of the public or an interested party, Stericycle hereby waives hearing in this matter.”

Am. Pet. at 17 (¶66). In an order dated February 21, 2008, the Board accepted Stericycle’s

amended petition and directed the Illinois Environmental Protection Agency (Agency) to file its

recommendation by April 7, 2008.

On April 14, 2008, the Agency filed its recommendation (Rec.) to Stericycle’s amended

petition. In its recommendation the Agency “requests that the adjusted standard sought by

Stericycle be approved.” Rec. at 3. The Agency further states that it bases this recommendation

on the fact that the scale at Stericycle’s Sturtevant facility satisfies the requirement of the Illinois

Weights and Measures Act.

Id

. at 4. Consequently, the Agency recommends that, “[i]f at some

future time the State of Wisconsin’s weights and measures standards are amended so that the

weighing device at the Sturtevant facility no longer meets the standards set forth in the Illinois

Weights and Measures Act, Stericycle must continue to comply with Illinois law.”

Id

.

In an order dated June 4, 2008, the hearing officer directed Stericycle to obtain

certificates of conformance for the scales located at its Sturtevant facility on which it intends to

rely for weighing PIMW under its requested adjusted standard. The order further directed

Stericycle to file those certificates with the Board’s Clerk within 14 days. On June 12, 2008,

Stericycle timely filed Certificates of Conformance for three scales operated at its Sturtevant

facility.

FACTUAL BACKGROUND

Stericycle was founded in 1989 and maintains its corporate headquarters in Bannockburn,

Illinois. Am. Pet. at 2 (¶¶1, 2). Since 1997, Stericycle has operated a PIMW transfer station at

3801 South Laramie Street, Cicero, Cook County, where the station occupies an area 40 feet by

55 feet within a 9.27 acre parcel.

Id

. at 1, 2 (¶¶2, 10). Stericycle employs approximately 23

persons at the Site.

Id

. at 3 (¶11). The Agency has issued the transfer station permit number

1997-264-DE/OP and on September 21, 2005 issued supplemental permit number 2005-182-SP.

1

In its original petition, Stericycle requested an adjusted standard from authorities including

Condition 15 of Permit No. 1997-264-DE/OP, Supplemental Permit No. 2005-182-SP. Pet. at 1,

11. In its amended petition, Stericycle no longer seeks an adjusted standard from this condition,

and the caption of its amended petition reflects this change in the relief requested from the

Board.

See

Am. Pet. at 1. Accordingly, the Board on its own motion amends the caption in this

proceeding, as reflected above.

---

4

Id

. at 3 (¶10);

see

Pet., Exh. C (supplemental permit). Waste Management has owned the

transfer station since the 1970s. Am. Pet. at 2 (¶2).

Stericycle “collects PIMW in sealed containers from approximately 8,000 individual

customer locations such as medical facilities, hospitals, clinics, veterinary hospitals, outpatient

surgery centers, dialysis centers and wound clinics across northern Illinois.” Am. Pet. at 3 (¶11).

After collection, Stericycle transports the sealed containers to the Site, where they are transferred

to another truck without being opened or otherwise compromised.

Id

. at 3 (¶¶12, 13). On a daily

basis, Stericycle transfers approximately 33,500 pounds of PIMW at the Site.

Id

. at 3 (¶12).

Stericycle weighs each truckload of PIMW as it arrives at the Site.

Id

. at 8 (¶32). The truck

scale there weighs in 200-pound increments.

Id

. Stericycle does not maintain information

regarding the base weights of transport vehicles.

Id

. Accordingly, the variability of vehicle

weights, amounts of fuel on a particular vehicle, and drivers’ weights can all affect the weight

data obtained at the Site.

Id

.

Stericycle ships most of the PIMW containers transferred at the Site along a specific day

or night route to its treatment facility in Sturtevant, Wisconsin. Am. Pet. at 3 (¶¶13, 19). The

Sturtevant facility treats PIMW with Electro-Thermal Destruction, after which the waste material

is no longer considered to be PIMW.

Id

. at 3-4 (¶13). Containers that are not shipped from the

Site to Sturtevant are shipped along a specific route to Stericycle’s facility in Clinton, Illinois,

which treats PIMW by incineration.

Id

. at 4 (¶¶14, 20). Both the Sturtevant and Clinton

facilities also accept PIMW in sealed containers from points other than the Site.

Id.

at 4 (¶15).

Specifically, those two facilities receive PIMW directly from generators in their service areas

and from other Stericycle transfer stations.

Id

. Stericycle typically transfers pathological and

trace chemotherapy PIMW to Clinton and all other PIMW to Sturtevant.

Id

.

Stericycle employs a system known as BioTrack to track waste from a generator through

the Site to a treatment facility. Am. Pet. at 4 (¶17). “The BioTrack system contains real-time

records of the PIMW picked up from each generator, including the name of the generator, the

time, the number of containers, the type of container, the driver and the route number.”

Id

. To

collect this data, drivers employ a PDT

2

, a device described by Stericycle as being “similar to a

UPS driver’s scanner.”

Id

. From its drivers, Stericycle daily downloads data, which is then

accessible from any Stericycle computer connected to the BioTrack system and is available to

generate daily reports.

Id

.;

see

Am. Pet., Exh. B (sample report).

Stericycle manually records the weight of each truck load of PIMW and maintains at the

Site a paper log indicating by route number the PIMW collected and designating the trailer to

which PIMW is transferred for shipment either to Sturtevant or Clinton. Am. Pet. at 5, 6 (¶¶21,

25). With these logs and its BioTrack data, “Stericycle tracks each container from the generator,

to the transport vehicle, to the vehicle onto which the PIMW is transferred and stored, to the

treatment and disposal facility.”

Id

. When PIMW arrives at Sturtevant or Clinton, Stericycle

weighs it again and enters into BioTrack data including generation and transportation

2

While Stericycle’s amended petition does not provide the specific meaning of the acronym

“PDT,” the Board considers the comparison to a scanning device instructive.

---

5

information.

Id.

(¶¶25, 26). These data reveal whether the PIMW was transferred from the Site

or another transfer facility, how it was treated, and its final disposition.

Id

. (¶26).

In addition, a manifest accompanies containers of PIMW from each generator. Am. Pet.

at 4 (¶17). When it collects PIMW from a generator, Stericycle “records the number, type, and

volume of the containers in cubic feet on the State of Illinois PIMW waste manifest.”

Id

. at 6

(¶24);

see id

., Exh. C (blank sample manifest). Stericycle determines the net weight of the

PIMW when it is processed at either the Sturtevant or Clinton treatment facility.

Id

. at 6 (¶24).

Stericycle uses the net weight determined there to complete the manifest and determine the state

fee.

Id

.

Except in the case of an emergency or similar operating constraint, Stericycle does not

transport PIMW from the Site to facilities other than Sturtevant or Clinton. Am. Pet. at 4 (¶ 18).

In the event that Stericycle ships PIMW from the Site to another facility, “all Stericycle facilities

are connected to the BioTrack system and use the same procedures for electronically tracking

and recording all required information.”

Id

.

At the Site, Stericycle now uses a truck scale owned by Waste Management and certified

in Illinois under the Weights and Measures Act to weigh each truckload of PIMW received there.

Am. Pet. at 5, 9 (¶¶21, 41);

see

Am. Pet., Exh. G (scale calibration report). The scale measures

weight in 200-pound increments.

Id

. at 9 (¶41). Factors such as the amount of fuel on board and

the weight of the driver can cause some imprecision in the weight measurement system.

Id

. at 5

(¶21). Stericycle manually records the weight of each truckload of PIMW and maintains a daily

weight log at the Site.

Id

. (¶¶21, 22). Stericycle keeps this log for compliance with Illinois

regulations but does not use it either to bill customers or to determine transporter fees payable to

the State of Illinois.

Id

. (¶22, 23).

At both Sturtevant and Clinton, Stericycle owns and operates automatic scale systems

that weigh individual containers of PIMW. Am. Pet. at 6 (¶27). “The Sturtevant scale measures

the weight of each container of PIMW in increments of one-tenth of a pound.”

Id

. at 8 (¶33).

The Sturtevant scale “is calibrated twice per year at a minimum, is certified by the State of

Wisconsin Department of Agriculture, and has a certificate of conformance pursuant to National

Institute of Standards and Technology Handbook 44.”

Id

. at 6-7 (¶27);

see

Am. Pet, Exh. D

(scale calibration report);

see also

Petition of Stericycle, Inc. for an Adjusted Standard from 35

Ill. Adm. Code 1422.111(b)(1), 1450.105(a), 1450.105(b), and 1450.200(e), AS 08-2 (June 12,

2008) (certificates of conformance). Both Illinois and Wisconsin regulations adopt the technical

requirements of Handbook 44 for commercial weighing and measuring devices.

Id

. (¶35), citing

8 Ill. Adm. Code 600.330, W

IS. ADMIN. CODE § ATCP 92.02(1);

see also

Am. Pet., Exh. F

(regulatory language). The Sturtevant scale is maintained by Kohler Scale, Inc., which “is

certified by the State of Illinois Department of Agriculture, Bureau of Weights and Measures, for

registration of weighing devices.” Am. Pet. at 7 (¶28);

see

Am. Pet., Exh. E (certificate of

registration issued to Kohler Scale, Inc.). As required by its Wisconsin permit, Stericycle weighs

each container of PIMW at Sturtevant on its state-certified scale. Am. Pet. at 7 (¶28). Stericycle

uses data from the Sturtevant scale system to bill its customers and to determine transporter fees

due to the State of Illinois.

Id

. (¶29). Stericycle also performs regular calibration of the scale at

---

6

the Clinton facility, which “is obviously subject to the jurisdiction of the State of Illinois.”

Id

.

(¶27).

CURRENT APPLICABLE STANDARDS

Stericycle requests that the Board grant an adjusted standard from 35 Ill. Adm. Code

1422.111(b)(1), 1450.105(a), 1450.105(b), and 1450.200(e). Am Pet. at 1;

see

35 Ill. Adm. Code

104.406(a). Section 1422.111(b)(1) of the Board’s regulations, addressing the design and

operation of facilities for PIMW, provides that,

[i]n addition to the requirements listed in subsection (a) of this Section, storage

operations required to have a permit pursuant to 35 Ill. Adm. Code 1420.105 of

this Subtitle must also comply with the following requirements that the Agency

shall review during the permitting process:

1)

Storage operations shall weigh in pounds the amount of PIMW

received, unless previously weighed by the transporter. PIMW

must be weighed with a device for which certification has been

obtained under the Weights and Measures Act (Ill. Rev. Stat. 1991,

ch. 147, pars. 101 et seq.) [225 ILCS 470]. 35 Ill. Adm. Code

1422.11(b)(1).

Section 1450.105 of the Agency’s regulations, addressing procedures for operation of the

PIMW waste transporter fee system, provides in its entirety that

a)

Although PIMW may be measured in other units, the transporter is

responsible for accurately weighing any load of PIMW in pounds.

b)

The PIMW shall be weighed with a device for which certification has been

obtained under the Weights and Measures Act (Ill. Rev. Stat. 1991, ch.

147, pars. 101 et seq.) [225 ILCS 470]. 35 Ill. Adm. Code 1450.105.

Section 1450.200(e) of the Agency’s regulations, addressing the daily PIMW report

among procedures for operation of the PIMW waste transporter fee system, provides in its

entirety that

[e]ntries on a Daily PIMW Report shall be made contemporaneously with the

receipt of each load unless the transporter uses a different method of recording the

required information which assures that required information can be entered on

the Daily PIMW Report by the end of each business day, in which case the

information must be entered in the Daily PIMW Report by the end of each

business day. When an alternative method of contemporaneous recording is used,

that record must be maintained in accordance with the records retention

provisions of Section 1450.103 of this Part. 35 Ill. Adm. Code 1450.200(e).

STERICYCLE’S PROPOSED ADJUSTED STANDARD

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7

In its amended petition, Stericycle “requests an exemption from the requirements

that each load of PIMW be weighed with a device for which certification has been

obtained under the Weights and Measures Act.” Am. Pet. at 11 (¶47);

see

225 ILCS

470/1

et seq

. (2006). Specifically, Stericycle requests that the Board adopt as an order

the following language:

a.

At the Stericycle facility permitted by the Agency under Permit No. 1997-

264-DE/OP and Supplemental Permit No. 2005-182-SP issued on

September 21, 2005 (the "Stickney transfer station"), Stericycle shall

weigh in pounds the amount of PIMW received, unless 1) PIMW was

previously weighed by the transporter, or 2) the PIMW subsequently will

be weighed at a facility designed to treat PIMW to eliminate its infectious

potential.

b.

The PIMW shall be weighed with a device for which a certificate of

conformance has been obtained pursuant to National Institute of Standards

and Technology Handbook 44. The PIMW may be weighed on a device

outside the state of Illinois, provided the device conforms with the

standards set forth in this section.

c.

The Daily PIMW Report shall be maintained at the location where the

PIMW is weighed and at the transporter's corporate headquarters in

Illinois.

d.

The Daily PIMW report shall be made contemporaneously with the receipt

of each load at a facility designed to treat PIMW to eliminate its infectious

potential. If the Daily PIMW report is generated at a facility outside the

State of Illinois, the Daily PIMW report shall be transmitted electronically

to the Stickney transfer station and its corporate headquarters at the close

of each business day.

e.

The Daily PIMW report for the Stickney transfer station shall include all

information required by Ill. Admin. Code tit. 35 § 1450.200(c).

f.

It shall be a violation of the conditions of this Permit if a Daily PIMW

report cannot be produced by Stericycle within 24 hours of a request for

such information by the Illinois Environmental Protection Agency.

g.

Stericycle shall apply separately for a permit amendment to Section 15 of

Permit No. 1997-264-DE/OP and Supplemental Permit No. 2005-182-SP

issued on September 21, 2005, to effectuate the above-described changes.

h.

Immediately upon adoption of Adjusted Standard Case Number AS 2008-

002, Stericycle may change the method for weighing and recording PIMW

shipments as described herein. Stericycle is hereby granted interim

---

8

authorization to operate pursuant to AS 2008-02 pending approval of the

permit amendment as described above. Am. Pet. at 11-12 (¶48).

Stericycle states that, if the Board lacks authority to grant interim authorization under the

requested subsection (h), the Stericycle requests that the Board disregard that proposed

subsection. Am. Pet. at 12 n.11.

STANDARD OF REVIEW

The regulations of general applicability at issue here do not specify a level of justification

required to qualify for an adjusted standard.

See

415 ILCS 5/28.1(c) (2006); 35 Ill. Adm. Code

104.406(c);

see also

Am. Pet. at 3, 13 (¶¶9, 57). Accordingly, under Section 28.1(c) of the Act, a

petitioner must demonstrate that:

1)

factors relating to that petitioner are substantially and significantly

different from the factors relied upon by the Board in adopting the general

regulation applicable to that petitioner;

2)

the existence of those factors justifies an adjusted standard;

3)

the requested standard will not result in environmental or health effects

substantially and significantly more adverse than the effects considered by

the Board in adopting the rule of general applicability; and

4)

the adjusted standard is consistent with any applicable federal law. 415

ILCS 5/28.1(c) (2006);

see

35 Ill. Adm. Code 104.426(a);

see also

Am.

Pet. at 13 (¶57).

Further, Section 28.1(a) of the Act provides that the Board may grant an adjusted

standard “for persons who can justify such an adjustment consistent with subsection (a) of

Section 27 of this Act.” 415 ILCS 5/28.1(a) (2006). Section 27(a) is a rulemaking provision that

requires the Board to “take into account,” among other things, “the technical feasibility and

economic reasonableness of measuring or reducing the particular type of pollution.” 415 ILCS

5/27(a) (2006).

SUBSTANTIALLY DIFFERENT FACTORS

Stericycle refers to the Board’s rulemaking docket R91-20, in which the Board adopted

PIMW regulations in 1993. Am. Pet. at 13 (¶58), citing Potentially Infectious Medical Waste

(PIMW): Treatment, Storage, and Transfer Facilities and Transportation, Packaging, and

Labeling (35 Ill. Adm. Code 1420, 1421, and 1422, R91-20 (Dec. 3, 1992) (first-notice

proposal);

see also id.

(June 17, 1993) (final adoption of rules). Stericycle indicates that the

Board’s opinion adopting those regulations does not specifically address “the requirement that

PIMW be weighed on a scale certified by the State of Illinois.” Am. Pet. at 13 (¶58);

see

Potentially Infectious Medical Waste (PIMW): Treatment, Storage, and Transfer Facilities and

Transportation, Packaging, and Labeling (35 Ill. Adm. Code 1420, 1421, and 1422, R91-20, slip

---

9

op. at 28-32 (June 17, 1993) (analyzing Part 1422). However, Stericycle expresses the belief that

“the regulations were primarily concerned with ensuring the accurate and consistent weighing of

PIMW on an independently-certified weight measurement system and the accurate recording of

such data, which is important for waste tracking and fee determination purposes.” Am. Pet. at

13-14 (¶¶58, 59); citing Potentially Infectious Medical Waste (PIMW): Treatment, Storage, and

Transfer Facilities and Transportation, Packaging, and Labeling (35 Ill. Adm. Code 1420, 1421,

and 1422, R91-20, slip op. at 30 (June 17, 1993) (addressing standards for PIMW storage

operations). Stericycle claims that Section 1422.111(b) “prescribe[s] general design and

operating standards, most of which have nothing to do with weight measurement or recording.”

Am. Pet. at 14 (¶59);

see

35 Ill. Adm. Code 1422.11(b).

Stericycle claims that the factors relating to it are substantially different from the factors

relied upon in adopting the generally applicable regulations. Am. Pet. at 14 (¶¶59, 61(l))).

Stericycle argues that it “has in place a full set of systems and controls necessary to comply with

all applicable rules and regulations – in spirit and in letter – yet is required to have an additional

step that is unnecessarily burdensome.”

Id.

at 17 (¶61(l));

see id

. (¶62). Stericycle further argues

that “[t]he rules did not contemplate a transporter being required to operate dual weight

measurement systems simply because it was transporting PIMW a short distance across the state

line.”

Id

. at 14 (¶61). Stericycle claims that “granting the adjusted standard will allow

significant cost savings to Stericycle with no threat to human health or the environment or

decrease in accuracy of waste tracking or fee generation information.”

Id

. at 17 (¶¶61(l), 63).

Stericycle makes a number of arguments in support of its position on this justification.

First, Stericycle states that the regulations require it to operate duplicative scales at the

Site and at the Sturtevant and Clinton treatment facilities. Am. Pet. at 14 (¶61). Stericycle

argues that the “time, effort, materials and manpower” necessary to operate these duplicative

systems place an unreasonable economic burden upon it.

Id

. (¶61(a)). Stericycle argues that its

existing BioTrack system tracks and records PIMW in a manner that at all times maintains

necessary information about the PIMW.

Id

. Stericycle further argues that weighing PIMW at

the Site where it is merely moved between trucks “does not generate any new or more precise

information.”

Id

. Stericycle states that the requested adjusted standard would reduce its

administrative costs without compromising the accuracy or completeness of its weight data or

posing any detriment to human health or the environment.

Id

. at 14-15 (¶61(a)).

Second, Stericycle reiterates that the scales at the Sturtevant and Clinton facilities are

more precise and less susceptible to human error than the truck scale at the Site. Am. Pet. at 15

(¶61(b)). Stericycle states that it does not use the truck scale at the Site either to bill its

customers or to determine fees payable to the State of Illinois.

Id

. Stericycle argues that “[t]he

rules of general applicability apply differently because they require Stericycle to operate and

maintain a system that is not essential for proper waste tracking and is not used for billing or

state fee purposes.”

Id

.

Third, Stericycle argues that requiring PIMW to be weighed at the Site on a scale

certified under Illinois law “does not protect human health or the environment, nor does it

provide any additional assurance of accurate weight measurement or recordkeeping for the

---

10

PIMW.” Am. Pet. at 15 (¶61(c)). Stericycle argues that the requirement intends instead to

ensure that the weight data obtained satisfy Illinois’ standards for accuracy. Am. Pet. at 15

(¶61(c)). Stericycle states that both Illinois and Wisconsin follow the same accuracy standards

by requiring scales to conform to the National Institute of Standards and Technology Handbook

44.

Id.

;

see

8 Ill. Adm. Code 600.330, WIS. ADMIN. CODE § ATCP 92.02(1);

see also

Am. Pet.,

Exh. F (regulatory language). Stericycle claims that regulations in the 40 states that have

adopted Handbook 44 are “automatically updated” with any changes to the handbook so “that the

rules remain consistent within all 40 states at all times.” Am. Pet. at 15 (¶61(c)). Stericycle

suggests that the factors relating to it are substantially different than the factors relied upon in

adopting the generally applicable regulation because it seeks to use a weight measurement

system that, although situated in another state, is subject to the same technical standards.

See id

.

Fourth, Stericycle claims that Illinois adopted specific regulations to ensure that it

“collected proper fees pursuant to the Illinois Medical Waste Transporter Fee System.” Am. Pet.

at 15 (¶61(d)); citing 35 Ill. Adm. Code 1450.105(a), 1450.105(b). Stericycle restates that it does

not use weight data from the Site for the purpose of fee payment but instead uses the more

precise data from Sturtevant and Clinton. Am. Pet. at 15 (¶61(d)). Stericycle argues that the

factors relating to it are substantially different than the factors relied upon in adopting the

generally applicable regulation because it does not use weight data collected at the Site for

payment of fees.

Id

. Stericycle further argues that, because it uses the weight data from

Sturtevant and Clinton for both fees and billing, it “has an economic and regulatory incentive to

ensure the most precise and consistent collection of PIMW weight data is used . . . .”

Id

.

Fifth, Stericycle states that the generally applicable rules require the Site to keep a daily

PIMW report. Am. Pet. at 15 (¶61(e)). Stericycle restates that, although the Site generates a

daily report from the truck scale there, the treatment facility at Sturtevant can electronically

transfer weight data to the Site and to its corporate headquarters in Illinois.

Id

. Stericycle argues

that the factors relating to it are substantially different than the factors relied upon in adopting the

generally applicable regulation because the data from Sturtevant are more precise and accessible

than the manual log at the Site.

Id.

at 15-16. Stericycle stresses that, although it may be

generated in another state, “Illinois regulators have access to and can view Stericycle’s PIMW

weight information without traveling outside the State of Illinois.”

Id

. at 16.

Sixth, Stericycle argues that, “in adopting the rules, it was apparently assumed that

transfer stations would transfer PIMW to other facilities in Illinois or to facilities not owned or

operated by the transporter or transfer station operator.” Am. Pet. at 16 (¶61(f)). Stericycle

claims that its interstate system of collection, transportation, and treatment enables it to track

containers of PIMW from generation to disposition without having to weigh it at the Site.

Id

.

Stericycle claims that “[t]he requirement that PIMW be weighed twice by different scales applies

differently to Stericycle than it would for a wholly intrastate operation or to transporters, transfer

stations and disposal facilities that operate independently.”

Id

.

Seventh, Stericycle states that the scale at the Site satisfies requirements to determine fees

and confirm weights on manifests received there. Am. Pet. at 16 (¶61(g)). Stericycle argues,

however, that “using the scale to weigh each contained of PIMW with the accuracy required for

---

11

fee generation and customer billing purposes is not practicable.”

Id

. Stericycle further argues

that the Site’s scale would not be as precise as measurements obtained at Sturtevant.

Id

.

Eighth, Stericycle argues that, because of the size of the Site, it does not believe that it is

possible to install a scale able to measure each container of PIMW precisely for billing and for

calculating fees. Am. Pet. at 16 (¶61(h)). Stericycle further argues that, even if it could install

such as system at the Site, it would duplicate the equipment already in place at Sturtevant and

would require capital costs estimated to be approximately $250,000.

Id

. In addition, Stericycle

claims that such a duplicate system would require Stericycle to weigh each container as it is

transferred from one vehicle to another at the Site and again at the treatment facility.

Id

. (¶61(i)).

Specifically, Stericycle states that, instead of unloading each incoming truck to a transfer vehicle,

“each container would have to be weighed on the scale before being transferred.”

Id

. (¶61(k)).

Stericycle further claims that “[t]his would create an additional and unnecessary step into the

transportation process, decreasing the efficiency of the operation and the safety of human health

and the environment.”

Id

. (¶61(j)).

In its recommendation, the Agency states that it “is of the opinion that Stericycle has met

the level of justification necessary to obtain the adjusted standard that it is seeking.” Rec. at 3;

see

35 Ill. Adm. Code 104.406(h).

Stericycle states that, by maintaining duplicate weight recording systems, it complies

with the regulation from which it seeks an adjusted standard. Am. Pet at 9 (¶¶39, 40).

Specifically, Stericycle states that it manually records the weight of each truckload of PIMW at

the Site.

Id

. (¶40). Stericycle claims that, although the scale at the Site is not as precise as those

at Sturtevant and Clinton, it complies with the regulations by providing an accurate weight of a

load of PIMW in pounds with a device certified under the Weights and Measures Act.

Id

. (¶41);

citing 35 Ill. Adm. Code 1450.105(a), 1450.105(b). Stericycle claims that it also complies with

the regulations by electronically and more precisely recording the weight of each container of

PIMW at the Sturtevant or Clinton facility.

Id

. (¶40, 41);

see

35 Ill. Adm. Code 1450.105(a).

Because Stericycle uses these electronic weight data to determine customer billing and fees

payable to the State of Illinois, Stericycle claims that the Site does not require a scale that is

capable of weighing individual containers of PIMW.

Id

. (¶42). Stericycle states that “[t]he

weight information generated in Sturtevant (and Clinton) is transmitted daily to Stericycle’s

corporate headquarters in Illinois.”

Id

. (¶40).

Stericycle states that it measures and weights PIMW at Sturtevant and Clinton just as it

would if it transported the PIMW directly from the generator to the treatment facility. Am. Pet.

at 10 (¶43). Stericycle argues that “granting the Adjusted Standard will not make it any more or

less likely that there will be a leak or loss of PIMW during transportation, nor will it make it any

more or less likely that such a leak or loss will be promptly detected and remediated in

compliance with all applicable laws, rules and regulations.”

Id

.

Stericycle claims that it would be “burdensome and time-consuming” to weigh each

truckload as it arrives at the Site and then re-weigh each truck there after it has been unloaded.

Am. Pet. at 10 (¶44). Although Stericycle acknowledges that this process may provide an

alternative for addressing the varying weights of fuel and drivers from truck to truck, it “does not

---

12

cure the problem necessitating this Adjusted Standard.”

Id

. Stericycle claims that it would still

need to re-weigh each load of PIMW upon arrival at either Sturtevant or Clinton in order to

obtain data for customer billing and state fees.

Id

.;

see

35 Ill. Adm. Code 104.406(e).

In addition, Stericycle argues that it “is not possible” to install at the Site a scale

equivalent to the system in place in Sturtevant. Am. Pet. at 10 (¶45). Stericycle claims that the

Site “is too small to allow the installation of such a system.”

Id

. Stericycle further claims that,

even if it could construct such a system, “it would be cost prohibitive.”

Id

. Stericycle estimates

the cost of constructing a loading and unloading dock and the installation of additional

equipment to be approximately $250,000.

Id

. Stericycle also estimates that the “costs of

operating such a system could be approximately $390,000 per year.”

Id

.

Addressing another alternative, Stericycle claims that “the cost and time to weigh each

individual container of PIMW at the generator pick-up location would also be prohibitive.” Am.

Pet. at 10 (¶46). Stericycle argues that this alternative would require it to operate a certified

scale at each of approximately 8,000 customer facilities or on each of its transport vehicles.

Id

.

Stericycle estimates that installation cost would be approximately $3,000 per scale and that

annual operating costs “could well exceed $390,000 per year.”

Id

. Stericycle claims that this

alterative would result in significant operating costs “for scale maintenance, for inefficiencies in

weighing each container at the time of pick-up; for training each driver to operate and accurately

operate the scale; and for other unanticipated costs.”

Id

.

Stericycle adds that it “will incur no additional costs to comply with the Adjusted

Standard.” Am. Pet. at 12 (¶49). Stericycle argues that, if it is no longer required to operate the

scale at the site, it will annually save approximately $42,000.

Id.

Stericycle claims that “[t]hese

savings include the costs to operate, certify and maintain the scale and the additional costs of

recordkeeping.”

Id

.

In its recommendation, the Agency states that Stericycle now complies with the

regulations by weighing each load of PIMW with the truck scale at the Site. Rec. at 2. Noting

that Stericycle seeks to forego weighing at the Site and replace it with weighing at either

Sturtevant or Clinton, the Agency states that “[t]he treatment facility weighing devices are much

more accurate and do not have to take into account the weight of the transporting truck.”

Id

. at

2-3. The Agency further states that the Site lacks space for the installation of the same type of

scale as used at the treatment facilities.

Id

. at 3;

see

35 Ill. Adm. Code 104.406(e).

IMPACT ON THE ENVIRONMENT

Stericycle argues that, if the Board grants the adjusted standard, “[t]here will be no

qualitative or quantitative impact on human health and the environment,” and “it will not result

in any emission, discharges, or release of any constituent.” Am. Pet. at 12 (¶¶53, 54). Stericycle

further argues that, if granted an adjusted standard, it “will continue to operate its facilities in

Illinois and Wisconsin in compliance with all applicable federal, state and local laws, rules and

regulations so as to minimize the chance for release or discharge of any PIMW.”

Id

. (¶55).

Stericycle concludes by claiming that “[t]here will be no environmental impact if the adjusted

standard is granted.”

Id

. (¶52); see 35 Ill. Adm. Code 104.406(g).

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13

In its recommendation, the Agency states that “[t]he regulations in question are

administrative requirements to weigh and record weights of PIMW at the transfer station. At no

time is the PIMW ever exposed to the environment. As such, adopting the proposed standard

will have no environmental impact.” Rec. at 3;

see

35 Ill. Adm. Code 104.406(g).

CONSISTENCY WITH FEDERAL LAW

Stericycle argues that “[t]he Board may grant the adjusted standard consistent with

federal law including the Clean Air Act, the Clean Water Act, the Safe Drinking Water Act, the

National Primary Drinking Water Regulations, the Underground Injection Control Program, the

Resource Conservation and Recovery Act [RCRA], and all federal regulations adopted pursuant

thereto.” Am. Pet. at 17 (¶64). Stericycle further argues that “[t]he Facility does not have any

air emissions or water discharges, and granting the adjusted standard will not impact air

emissions, water discharges, or public drinking water.”

Id

.;

see

Am. Pet. at 8 (¶36). In addition,

Stericycle states that the Site “is not subject to regulation under the Underground Injection

Control Program or RCRA.”

Id

. at 17 (¶64). Stericycle concludes by claiming that “[t]he

adjusted standard in consistent with federal law.”

Id

(¶65);

see

35 Ill. Adm. Code 104.406(i).

In its recommendation, the Agency states that it “is unaware of any inconsistencies that

the proposed adjusted standard would have with federal law.” Rec. at 3.

AGENCY RECOMMENDATION

In its recommendation, the Agency provides four reasons for its request that the Board

approve the adjusted standard sought by Stericycle. First, the Agency states that the weight

measurements obtained by the truck scale at the Site are less accurate than those obtained at the

facilities at Sturtevant and Clinton. Rec. at 3. Second, the Agency claims that adopting the

proposed adjusted standard will not adversely affect the environment.

Id

. at 4. Third, the

Agency indicates that it “has been informed by the Wisconsin Department of Natural Resources

that Stericycle has had no compliance issues with regard to weighing PIMW at its Sturtevant

facility.”

Id

. Fourth, the Agency claims that Illinois and Wisconsin have equivalent weights and

measures standards.

Id

.

The Agency notes that its recommendation relies on the fact that the weighing system at

the Sturtevant facility satisfies the Illinois Weights and Measures Act. Rec. at 4. The Agency

states that, “[i]f at some future time the State of Wisconsin’s weights and measures standards are

amended so that the weighing device at the Sturtevant facility no longer meets the standards set

forth in the Illinois Weights and Measures Act, Stericycle must continue to comply with Illinois

law.”

Id

.

BOARD DISCUSSION AND DETERMINATION

Board Authority

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14

Stericycle’s Amended Petition

The Board previously directed Stericycle to “clarify its request for an adjusted standard to

identify only the Board-adopted regulations from which the Board can grant relief under the

Act.” Petition of Stericycle, Inc. for an Adjusted Standard from 35 Ill. Adm. Code

1422.111(b)(1), 1450.105(a), 1450.105(b), and 1450.200(e), AS 08-2, slip op. at 3 (Oct. 18,

2007), citing 415 ILCS 5/28.1(a) (2006); 35 Ill. Adm. Code 104.406(a). In the same order, the

Board noted that the Agency had adopted Part 1450 of Illinois’ PIMW regulations. Petition of

Stericycle, Inc. for an Adjusted Standard from 35 Ill. Adm. Code 1422.111(b)(1), 1450.105(a),

1450.105(b), and 1450.200(e), AS 08-2, slip op. at 3 (Oct. 18, 2007), citing 415 ILCS 5/56.6(b)

(2006) (requiring Agency to establish fee collection procedures), 17 Ill. Reg. 20268 (effective

Nov. 15, 1993).

Stericycle claims that the Act provides the Board with authority to conduct proceedings

upon other petitions for review of final determinations which are made pursuant

to this Act or Board rule and which involve a subject which the Board is

authorized to regulate. The Board may also conduct other proceedings as may be

provided by this Act or any other statute or rule. Am. Pet. at 12 (¶56), citing 415

ILCS 5/5(d) (2006), 2 Ill. Adm. Code 2175.600(11).

Stericycle further claims that the Act provides that the Board’s authority to grant adjusted

standards “shall not be construed so as to affect or limit the authority of the Board to adopt,

amend or repeal regulations specific to individual persons, geographic areas or sites.” Am. Pet.

at 12 (¶56), citing 415 ILCS 5/28.1(h) (2006);

see

35 Ill. Adm. Code 104.406(h).

Stericycle argues that the regulations adopted by the Agency and codified at 35 Ill. Adm.

Code 1450 “are final determinations made under the Act which involve subject that the Board is

authorized to regulate.” Am. Pet. at 13 (¶56). Stericycle further argues that both the Act and the

regulations provide the Board with “authority to grant an adjusted [] standard to rules of ‘general

applicability.’”

Id

., citing 415 ILCS 5/28.1 (2006);

see

35 Ill. Adm. Code 104.400

et seq

.

Stericycle also claims that “the Board is not restricted in its authority to adopt or amend

regulations specific to individual sites.” Am. Pet. at 13 (¶56). Stericycle concludes that “the

Board has the authority to grant the adjusted standard as requested.”

Id

. at 12, 13 (¶56).

However, Stericycle states that,

[i]f the Board finds that is it not within the Board’s authority to grant the adjusted

standard for all regulations set forth in this petition, Stericycle respectfully

requests that the Board grant the adjusted standard as to those regulations that are

within its power to grant, and deny this petition only with regard to the

regulations that the Board deems outside its authority.

Id

. at 13 (¶56).

Agency Recommendation

In its recommendation, the Agency does not specifically address the Board’s authority to

grant an adjusted standard from a regulation adopted by the Agency.

See generally

Rec. In

---

15

addressing Stericycle’s justification of its proposed adjusted standard, the Agency states that it

“is of the opinion that Stericycle has met the level of justification necessary to obtain the

adjusted standard that it is seeking.”

Id

. at 3.

Board Discussion and Conclusion

Section 5(d) of the Act confers upon the Board authority to conduct proceedings on a

number of bases, including “petitions for review of final determinations which are made pursuant

to this Act or Board rule and which involve a subject which the Board is authorized to regulate.”

415 ILCS 5/5(d) (2006). Stericycle claims that Agency regulations are final determinations

made pursuant to the Act and involving a subject the Board is authorized to regulate, thus

providing the Board with authority to grant an adjusted standard from the regulations adopted by

the Agency specified in its amended petition. However, this claim overlooks language in Section

5(d) specifically authorizing the Board to conduct proceedings on a petition for an adjusted

standard.

Id

. The Board reads this specific authorization in conjunction with the language of

Section 28.1, which implements that authority.

See

415 ILCS 5/5(d), 28.1 (2006).

Section 28.1(a) provides in pertinent part that, “

after adopting a regulation of general

applicability

, the Board may grant, in a subsequent adjudicatory determination, an adjusted

standard for persons who can justify such an adjustment . . .” 415 ILCS 5/28.1(a) (2006)

(emphasis added). The Board construes this language as allowing it to grant an adjusted standard

only from regulations that it has itself adopted. Neither Stericycle nor the Agency has cited

authority persuasively supporting the argument that the Board may grant relief from a regulation

adopted by the Agency. Accordingly, the Board declines to grant Stericycle’s petition for an

adjusted standard from Sections 1450.105(a), 1450.105(b), and 1450.200(e) of the Agency’s

PIMW transporter fee regulations (35 Ill. Adm. Code 1450.105(a), 1450.105(b), 1450.200(e)).

However, the Board proceeds below to determine whether Stericycle’s petition for an adjusted

standard from Section 1422.11(b)(1) of the Board’s PIMW regulations satisfies the standard of

review at Section 28.1(c) of the Act (415 ILCS 5/28.1(c) (2006)).

Substantially Different Factors

In adopting PIMW regulations, the Board contemplated that activities managing PIMW

might take place outside the State of Illinois. Addressing the scope and applicability of those

regulations, Section 1420.101 provides in its entirety that “[t]his Subtitle applies to all persons

who generate, transport, treat, store or dispose of potentially infectious medical waste. It sets

forth standards for such activities occurring in whole

or in part

within the State of Illinois.” 35

Ill. Adm. Code 1420.101 (emphasis added). The Board’s opinion adopting these regulations

clarifies “that part of any PIMW wastestream activity (

e.g.

, transporting) that takes place in

Illinois is subject to these regulations, even if some portion of the PIMW wastestream activity

(

e.g.

, disposal) does not.” Potentially Infectious Medical Waste (PIMW): Treatment, Storage,

and Transfer Facilities and Transportation, Packaging, and Labeling (35 Ill. Adm. Code 1420,

1421, and 1422, R91-20, slip op. at 19 (June 17, 1993).

However, that Board opinion does not specifically address the requirement in Section

1422.11(b)(1) that a storage operation must weigh PIMW it receives with a device certified

---

16

under the Weights and Measures Act, unless a transporter previously weighed it.

See

Potentially

Infectious Medical Waste (PIMW): Treatment, Storage, and Transfer Facilities and

Transportation, Packaging, and Labeling (35 Ill. Adm. Code 1420, 1421, and 1422, R91-20, slip

op. at 29-30 (June 17, 1993). Stericycle argues persuasively that, for purposes of both waste

tracking and PIMW fees, this requirement seeks to ensure that storage operations accurately and

consistently weigh PIMW on a certified scale. The requirement does not specifically address the

use of a weight-measurement system that, while located in another state, is subject to the same

technical standards for accuracy. It also does not specifically address an Illinois storage

operation relying upon this same out-of-state scale for the purpose of determining state PIMW

fees. The Board thus finds that the factors relating to Stericycle are substantially and

significantly different than the factors considered by the Board in adopting 35 Ill. Adm. Code

1422.111(b)(1). The Board further finds that this factor supports granting an adjusted standard

from that provision.

Efforts to Achieve Compliance and Alternatives

Stericycle weighs each truckload of PIMW at the Site on a scale certified under the

Weights and Measures Act. This weighing complies with the regulation from which Stericycle

seeks an adjusted standard. For the purposes of billing its customers and determining PIMW

fees, however, Stericycle relies on more precise electronic scales at its Sturtevant and Clinton

treatment facilities to weigh individual containers of PIMW. Consequently, Stericycle’s

operations at the Site do not require a scale capable of weighing individual containers of PIMW.

Stericycle suggests that it weighs truckloads of PIMW there solely to comply with the regulation

from which it seeks relief in this proceeding. Stericycle estimates that, if it no longer operates a

scale at the site, it would realize annual savings of approximately $42,000.

Stericycle acknowledges that it is possible to weigh each truckload arriving at the Site

and then re-weigh each truck after it has been unloaded. Stericycle states that, while this may

provide data more precise than simply weighing the fully-loaded truck, it would be time-

consuming and burdensome and would still require duplicative procedures and scales.

Furthermore, Stericycle relies upon more precise weight measurement systems at its Sturtevant

and Clinton treatment facilities.

Stericycle states that the Site is too small for the installation of a weight measurement

system equivalent to that at either Sturtevant or Clinton. Stericycle estimates that, even if it

could construct such as system there, construction and installation costs would be approximately

$250,000 and annual operating costs would be approximately $390,000.

Stericycle characterizes as “prohibitive” the cost of weighing each container of PIMW at

the generator’s location. This alternative would require Stericycle to operate a certified scale on

each of its vehicles or at each of approximately 8,000 customer facilities. Stericycle estimates

the cost of installing each scale would be approximately $3,000 and that annual operating costs

would be approximately $390,000.

The Board finds that the existence of substantially and significantly different factors

relating to Stericycle’s procedures and facilities justifies issuance of the requested adjusted

---

17

standard. While there are alternatives that would allow the Site both to comply with Section

1422.111(b)(1) and to provide weight data for the purposes of billing and fees, the Board finds

that those alternatives are not economically or practically feasible. Therefore, the Board finds

that this factor supports the granting of an adjusted standard.

Impact on the Environment

The Board is persuaded by the information provided by the parties that the requested

adjusted standard will not cause an impact on the environment substantially and significantly

more adverse than the effects considered by the Board in adopting 35 Ill. Adm. Code

1422.111(b)(1). Stericycle stated that granting the adjusted standard would result in no emission,

discharge, or release of any constituent and would have no effect on human health or the

environment.

Stericycle acknowledges that an undetected loss of PIMW may result in the threat of

human exposure to pathogens or other infectious material, contamination of soil or groundwater

by infectious materials, and litter. However, Stericycle’s PIMW tracking system allows

Stericycle to detect and report loss of PIMW. Specifically, the BioTrack system records the

number of containers collected from a generator and again when Stericycle weighs the containers

at the treatment facility in order to detect any discrepancies. Stericycle also visually inspects

containers during collection, transfer, and receipt at the treatment facility in order to detect any

leaks or losses.

Also in this regard, the Board notes that, in its recommendation, the Agency stated that

the regulation at issue is an administrative requirement to weigh PIMW at the Site. Because the

PIMW is not exposed to the environment there, states the Agency, granting the requested

adjusted standard would have no environmental impact. Accordingly, the Board finds that

Stericycle has demonstrated that the requested adjusted standard would not have a detrimental

environmental effect. The Board further finds that this factor supports granting an adjusted

standard from 35 Ill. Adm. Code 1422.111(b)(1).

Consistency with Federal Law

The Board is persuaded by the information provided by the parties that the requested

adjusted standard is consistent with federal law. Stericycle stated that operation of the Site does

not involve air emissions or discharges onto land or into water and suggested that the requested

adjusted standard would therefore be consistent with federal authorities including the Clean Air

Act, the Clean Water Act, the Safe Drinking Water Act, and regulations adopted under them.

The Board also notes Stericycle’s statement that the Site is not regulated under the Resource

Conservation and Recovery Act or the underground injection control program. In its

recommendation, the Agency indicated that it is not aware of any way in which the proposed

adjusted standard would be inconsistent with federal law. Accordingly, the Board finds that

Stericycle has demonstrated that the requested adjusted standard is consistent with federal law.

The Board further finds that this factor supports granting an adjusted standard from 35 Ill. Adm.

Code 1422.111(b)(1).

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18

CONCLUSION

The Board today finds that Stericycle has provided sufficient justification for an adjusted

standard from Section 1422.111(b)(1) of the Board’s PIMW regulations for the Site and

therefore grants Stericycle an adjusted standard from those regulations, subject to conditions. 35

Ill. Adm. Code 1422.111(b)(1). However, the Board declines to grant Stericycle’s petition for an

adjusted standard from PIMW transporter fee regulations adopted by the Agency. 35 Ill. Adm.

Code 1450.105(a), 1450.105(b), 1450.200(e). The Board finds that it lacks authority to do so

under Section 28.1 of the Act.

See

415 ILCS 5/28.1 (2006).

The relief from Section 1422.111(b)(1) granted by the Board below in its order differs in

four significant respects from that requested by Stericycle in its amended petition. First,

Stericycle requested that a Board order granting its requested adjusted standard include a

condition requiring Stericycle to apply for an amendment to Section 15 of its permit in order to

effectuate the adjusted standard. Am. Pet. at 11. Instead, the Board provides below that, upon

receipt of a complete application from Stericycle for a modification of Condition 15 of its permit,

the Agency shall modify that permit in a manner consistent with the terms of this order.

Second, Stericycle requested that a Board order granting its requested adjusted standard

include a condition that “[i]t shall be a violation of the conditions of this permit if a Daily PIMW

report cannot be produced by Stericycle within 24 hours of a request for such information by the

Illinois Environmental Protection Agency.” Am. Pet. at 11. Instead, the Board provides below

that, if Stericycle files an application for modification of its permit for the Site, the Agency may

add to that permit a condition requiring that Stericycle produce a Daily PIMW report within 24

hours of a request for such a report by the Agency.

Third, Stericycle requested that a Board order granting its adjusted standard include a

condition that, “[i]mmediately upon adoption of Adjusted Standard Case Number AS 2008-002,

Stericycle may change the method for weighing and recording PIMW shipments as described

herein. Stericycle is hereby granted interim authorization to operate pursuant to AS 2008-02

pending approval of the permit amendment as described above.” Am. Pet at 11-12. As the Act

confers upon the Board no specific authority to grant relief in the form of an “interim

authorization,” the Board at Stericycle’s request disregards this proposed condition.

See

Am.

Pet. at 12 n.11;

but see

415 ILCS 5/35 (2006) (variances and provisional variances).

Finally, the Board notes that the Agency premised its recommendation to grant the

requested adjusted standard

on the fact that Stericycle’s weighing device at its Sturtevant facility meets the

standards set forth in the Illinois Weights and Measures Act. If at some future

time, the State of Wisconsin’s weights and measures standards are amended so

that the weighing device at the Sturtevant facility no longer meets the standards

set forth in the Illinois Weights and Measures Ace, Stericycle must continue to

comply with Illinois law. Rec. at 4;

see

225 ILCS 470/1

et seq

. (2006).

The Agency’s recommendation is reflected in the conditions below in the Board’s order.

---

19

The Board grants relief from Section 1422.111(b)(1) as described in the order below.

This opinion constitutes the Board’s findings of fact and conclusions of law.

ORDER

Effective August 21, 2008, the Board grants Stericycle, Inc. (Stericycle) an adjusted

standard from 35 Ill. Adm. Code 1422.111(b)(1) for its transfer station located at 3801 South

Laramie Street, Cicero, Cook County, subject to the following conditions:

1.

At the Stericycle facility permitted by the Illinois Environmental

Protection Agency under Permit No. 1997-264-DE/OP and Supplemental

Permit No. 2005-182-SP issued on September 21, 2005, also known as the

Stickney transfer station, Stericycle shall weigh in pounds the amount of

potentially infectious medical waste received unless (1) the potentially

infectious medical waste was previously weighed by the transporter, or (2)

the potentially infectious medical waste will subsequently be weighed at a

facility designed to treat potentially infectious medical waste to eliminate

its infectious potential.

2.

The potentially infectious medical waste shall be weighed with a device

for which a certificate of conformance has been obtained pursuant to

National Institute of Standards and Technology Handbook 44. The

potentially infectious medical waste may be weighed on a device outside

the State of Illinois, provided that the device complies with the weights

and measures regulations of that other state and conforms to the

requirements set forth in the conditions of this adjusted standard.

3.

Upon receipt of a complete application from Stericycle for a modification

of Condition 15 of its Permit No. 1997-264-DE/OP and Supplemental

Permit No. 2005-182-SP issued on September 21, 2005, the Agency shall

modify that permit in a manner consistent with this order.

4.

If Stericycle files an application for modification of its permit for the Site,

the Agency may add to that permit a condition requiring that Stericycle

produce a Daily PIMW report within 24 hours of a request for such a

report by the Agency.

5.

If the State of Wisconsin amends its weights and measures standards so

that the weighing device at Stericycle’s Sturtevant PIMW treatment

facility no longer meets the standards in the Illinois Weights and Measures

Act, Stericycle is required to notify the Agency of the amended standard

and must then comply with the equivalent requirements of Illinois law. If

Stericycle files an application for modification of its permit for the Site,

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20

the Agency may modify that permit in a manner consistent with the

language of this condition.

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.

I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that

the Board adopted the above opinion and order on August 21, 2008, by a vote of 4-0.

___________________________________

John T. Therriault, Assistant Clerk

Illinois Pollution Control Board