EPA v. FITCHBURG STATE COLLEGE

Case summary

THE MOST ENVIRONMENTALLY SIGNIFICANT RCRA COUNTS ARE BASED ON FITCHBURG STATE COLLEGE'S STORAGE OF CONTAINERS OF REACTIVE HAZARDOUS WASTES IN A REFRIGERATOR IN ROOM 236 OF THE CONDIKE BUILDING. THIS ROOM IS LOCATED BETWEEN TWO FUNCTIONING CLASSROOMS. STUDENTS ARE OBSERVED IN ONE OF THESE CLASSROOMS AT THE TIME OF THE INSPECTION. A SIGN ON THE DOOR OF THE REFRIGERATOR READ, OPEN (easy) Door SLOWLY (valuable thermometer) . THE INSPECTION TEAM WAS UNABLE TO DOCUMENT THE CONTENTS OF EACH CONTAINER BECAUSE OF POTENTIALLY DANGEROUS CONDITIONS (REACTIVE HAZARDOUS WASTES MAY EXPLODE AND/OR RELEASE TOXIC VAPORS). HOWEVER, INSPECTORS WERE ABLE TO VERIFY THAT METHYL TERT ETHER AND ISOPROPYL ETHER WERE TWO OF THE REACTIVE COMPOUNDS PRESENT. FURTHER, IN THE ANTHONY AND CONDIKE BUILDINGS, FITCHBURG STATE COLLEGE WAS STORING CHEMICALS OF UNKNOWN CONTENT, CHEMICALS THAT WERE UNUSUABLE DUE TO DETERIORATION, AND CHEMICALS NO LONGER USED BY STUDENTS OR FACULTY. IN ALL CASES, FITCHBURG STATE COLLEGE FAILED TO MAKE DETERMINATIONS AS TO WHETHER MORE THAN 30 WASTE STREAMS WERE WASTE, AND IF THEY WERE WASTE, WHETHER THEY WERE HAZARDOUS WASTE. APPROXIMATELY 6500 POUNDS OF HAZARDOUS WASTE WERE SHIPPED OFF-SITE. SOME OF THE PARTICULARLY DANGEROUS MATERIALS WERE REMOVED BY A CONTRACTOR USING REMOTE ROBOTIC EQUIPMENT. THE SERIOUSNESS OF THESE VIOLATIONS AND SIZE OF THE PENALTY WERE EXACERBATED BY THE RESPONDENT'S APPARENT KNOWLEDGE OF THE ABOVE-DESCRIBED CONDITIONS. RESPONDENT'S MISMANAGEMENT OF HAZARDOUS WASTES HAD BEEN HIGHLIGHTED IN AN ENVIRONMENTAL AUDIT CONDUCTED FOR FITCHBURG STATE COLLEGE IN NOVEMBER 2001. AS EVIDENCED BY MEMOS OBTAINED FROM FITCHBURG STATE COLLEGE IN RESPONSE TO THE EPA INFORMATION REQUEST LETTER, VARIOUS FACULTY MEMBERS REPEATEDLY BROUGHT THESE CONDITIONS (AND OTHER ENVIRONMENTAL AND SAFETY MATTERS) TO THE ATTENTION OF COLLEGE ADMINISTRATORS PRIOR TO EPA'S INSPECTION. FOR THESE REASONS, AN UPWARD ADJUSTMENT TO THE GRAVITY COMPONENT OF TWO COUNTS WAS MADE. EXCERPTS FROM SELECTED MEMOS FOLLOW: MARCH 27, 2001 MEMO FROM DR GEORGE BABICH, CHAIRMAN, DEPARTMENT OF BIOLOGY TO VICE PRESIDENT SPAKES: THE DEPARTMENT OF BIOLOGY HAS MAINTAINED AN EXTENSIVE COLLECTION OF CHEMICALS WHICH HAVE, UNFORTUNATELY, BEEN IN THE DEPARTMENT FOR AT LEAST 40 YEARS. SOME OF THESE CHEMICALS MAY PROVE TO BE UNSTABLE. WE NEED TO BEGIN AN ANNUAL CLEAN UP SO THAT CHEMCIALS CAN BE DISPOSED OF IN SAFE MANNER. FEBRUARY 29, 2001 MEMO FROM WANDA ROGUSKI, CHAIR, DEPARTMENT OF CLS/CHEMISTRY TO VICE PRESIDENT SPAKES: THE OTHER PIECE THAT STILL NEEDS TO BE ADDRESSED IS THE WHOLE ISSUE OF SAFETY AND HAZARDOUS WASTE DISPOSAL ON CAMPUS. I SPOKE BRIEFLY WITH YOU EARLIER ON THIS, AS I'M VERY UNCOMFORTABLE WITH THE WAY THIS IS CARRIED OUT ON CAMPUS. WHILE I DON'T THINK THERE ARE ANY DIRECT VIOLATIONS OF REGULATIONS THERE ARE ISSUES OF RESPONSIBILITY AND LIABILITY REGARDING THE PROPER CHAIN OF COMMAND SHOULD AN INCIDENT OCCUR. MAY 9, 2001 MEMO FROM PROFESSOR IAN MURRAY TO ADMINISTRATORS DR SPAKES AND STEVEN LANCIANI: THERE ARE CURRENTLY CHEMICALS IN STORAGE THAT ARE UNSTABLE,L OR ARE ON THEIR WAY TO BECOMING UNSTABLE BECAUSE PROFESSORS ARE ORDERING CHEMICALS WITHOUT THE KNOWLEDGE OF WHAT IS AVAILABLE. EVENTUALLY THESE CHEMICALS WILL HAVE TO BE SENT OUT AS HAZARDOUS WASTE. OCTOBER 9, 2001 E-MAIL FORM IAN MURRAY TO ADMINSTRATOR G BABICH: INCLUDED WITHIN THE BROAD CATEGORY OF LAB SAFETY WAS REMOVING AND/OR DISPOSING OF USED OR UNNECESSARY CHEMICALS FROM MY PREP ROOM AND THE LABS TO THE BUNKER AND STORING ONLY THE CHEMICALS USED IN THE LABORATORIES IN THE NEW CHEMICAL CABINETS WITHIN THE PREP ROOM. I MADE SIGNIFICANT PROGRESS, BUT AS I STATED IN A PREVIOUS MEMO, THERE ARE UNKNOWN CHEMICALS IN THE ORGANIC LAB THAT NOBODY HAS TAKEN THE TIME TO LOOK THROUGH YET. DECEMBER 10, 2001 HANDWRITTEN NOTE TO FACULTY MEMBER REBECCA DILIDDO FROM ADMINISTRATOR STEVE LANCIANI: THIS IS A PRELIMINARY AND PARTIAL DRAFT OF THE ENVIRONMENTAL AUDIT. WOULD YOU PLEASE COORDINATE

Defendants (1)

• FITCHBURG STATE COLLEGENamed in complaintNamed in settlement

Facilities (1)

• FITCHBURG STATE COLLEGE

  160 PEARL ST, FITCHBURG, MA, 014202697

  Registry ID: 110013306537

Statutes cited

• RCRA 3008A — Compliance Order: Injunctive & Penalty

Enforcement conclusions (1)

• FITCHBURG STATE COLLEGEentered 2004-06-04

  Primary law: RCRA

  Federal penalty: $50,000 · SEP: $55,000

Timeline (3 milestones)

• 2003-02-27Complaint Filed/Proposed Order
• 2003-03-27Enforcement Action Data Entered
• 2004-06-04Final Order Issued