EPA v. UNIVERSITY OF RHODE ISLAND

Case summary

LITIGATION REPORT PROPOSES A MULTI-MEDIA ENFORCEMENT ACTION AGAINST THE UNIVERSITY OF RHODE ISLAND (URI-KINGSTON) A NOT-FOR-PROFIT STATE EDUCATIONAL ENTITY. THE PROPOSED ACTION INVOLVES VIOLATIONS OF: SUBTITLE C OF RCRA; SECT 113 OF CAA; SECT 311 OF CWA FOR VIOLATIONS OF THE SPCC PLAN; AND TSCA. EPA IDENTIFIED MULTIPLE BASE PROGRAM VIOLATIONS INCLUDING, BUT NOT LIMITED TO: FAILURE TO HAVE CONTINGENCY PLAN; FAIL- URE TO INSPECT LESS THAN 90 DAY STORAGE AREAS; FAILURE TO MAKE WASTE DETERMINATIONS; FAILURE TO MARK CONTAINERS AS HAZARDOUS WASTE; OPERATING A TREATMENT STORAGE AND DISPOSAL AREA WITHOUT A PERMIT, FAILURE TO SEPARATE INCOMPATIBLE WASTES; AND FAILURE TO SAFELY PACKAGE LAB WASTES. URI COMPLETELY FAILED TO IMPLEMENT AN SPCC PLAN. URI INSTALLED AND OPERATED FOUR TEMPORARY BOILERS WITHOUT FIRST APPLYING FOR AND OBTAINING THE PRE-CONSTRUCTION PERMIT REQUIRED BY FEDERALLY APPROVED AND FEDERALLY ENFORCABLE PORTIONS OF RI AIR POLLUTION CONTROL REG #9. URI FAILED TO MARK PCB-CONTAMINATED TRANSFORMERS WITH THE DATES THEY WERE PLACED IN STORAGE FOR DISPOSAL; FAILED TO LABEL THE PCB STORAGE AREAA WITH A LARGE PCB MARK; FAILED TO DISPOSE OF PCB CONTAMINATED TRANSFORMERS WITHIN A YEAR AFTER BEING PLACED INTO STORAGE; STORED PCB CONTAMINATED TRANSFORM ERS ON-SITE FOR MORE THAN THIRTY DAYS WITHOUT HAVING AN EPA ID NUMBER; ILLEGALLY STORED A TRANSFORMER FOR OVER EIGHT YEARS (THIS TRANSFORMER EVENTUALLY SPILLED PCB-CONTAMINATED OIL ON THE CONCRETE FLOOR BENEATH IT. URI-KINGSTON IS A BRANCH CAMPUS OF THE UNIVERSITY OF RHODE ISLAND SYSTEM.

Defendants (1)

• UNIVERSITY OF RHODE ISLANDNamed in complaintNamed in settlement

Facilities (2)

• UNIVERSITY OF RHODE ISLAND FACILITIES OFC

  PLAINS RD SHERMAN BLDG, KINGSTON, RI, 02881

  Registry ID: 110007222834

• UNIVERSITY OF RHODE ISLAND

  LOWER COLLEGE RD PASTORE HALL, KINGSTON, RI, 02881

  Registry ID: 110011571496

Statutes cited

• TSCA 6 — Regulation of Hazardous Chemical Substances and Mixtures (includes Asbestos and PCBs)
• CWA 311 — Oil and Hazardous Substance Liability
• CAA 113 — Clean Air Act
• RCRA OTHER — Violations not covered elsewhere

Enforcement conclusions (1)

• UNIVERSITY OF RHODE ISLANDentered 2001-06-20

  Primary law: RCRA

  Federal penalty: $250,000

Timeline (8 milestones)

• 1998-06-30Referred To Headquarters
• 1998-06-30Referred To Dept Of Justice
• 1998-06-30Referred TO U.S. Attorney
• 1998-10-06Enforcement Action Data Entered
• 2001-04-04Complaint Filed With Court
• 2001-04-05Final Order Lodged
• 2001-06-20Final Order Entered
• 2001-06-20Concluded