EPA v. MAINE COMMUNITY COLLEGE SYSTEM

Case summary

ON MAY 20, 2003, DULY AUTHORIZED REPRESENTATIVES OF EPA REGION I CONDUCTED A RCRA COMPLIANCE EVALUATION INSPECTION AT EASTERN MAINE COMMUNITY COLLEGE. ON MAY 21 AND 22, 2003, DULY AUTHORIZED REPRESENTATIVES OF EPA REGION I CONDUCTED A RCRA COMPLIANCE EVALUATION INSPECTION AT SOUTHERN MAINE COMMUNITY COLLEGE. BASE ON THESE INSPECTIONS AND A REVIEW OF RELEVANT DOCUMENTS, INSPECTORS IDENTIFIED VIOLATIONS OF RCRA REQUIREMENTS AT BOTH CAMPUSES. THE MOST ENVIRONMENTALLY SIGNIFICANT RCRA COUNTS ARE BASED ON THE STORAGE OF CONTAINERS OF REACTIVE WASTE (PICRIC ACID) AT EASTERN MAINE COMMUNITY COLLEGE. EPA INSPECTORS DOCUMENTED FIVE (5) 1-LITER CONTAINERS OF WASTE PICRIC ACID STORED IN AN ACTIVE CLASSROOM; A CLASSROOM IMMEDIATELY ACCESSIBLE TO FACULTY AND STAFF. PICRIC ACID, WHEN CRYSTALLIZED, HS TEH POTENTIAL TO SELF-DETONATE. EPA INSPECTORS OBSERVED CRYSTALLIZATION UNDER ONE OF THE CAPS OF THE BOTTLES. THE CLASSROOM WAS NOT POSTED AS A HAZARDOUS WASTE STORAGE AREA. THE CONTAINERS WERE STORED ON OPEN SHELVES WITHOUT SECONDARY CONTAINMENT. EPA INSPECTORS REQUESTED THAT ACCESS TO THE AREA BE RESTRICTED BECAUSE OF THE PRESENCE OF CRYSTALLIZED PICRIC ACID. SHORTLY AFTER THE INSPECTION, EASTERN MAINE COMMUNITY COLLEGE RECEIVED AN EMERGENCY PERMIT FROM THE MAINE DEPT OF ENVIRONMENTAL PROTECTION (ME DEP) AND HIRED A CONTRACTOR TO DETONATE THE CONTAINERS OF PICRIC ACID ON-SITE. OTHER ENVIRONMENTALLY SIGNIFICANT RCRA COUNTS ARE BASED ON THE STORAGE OF DOZENS OF CONTAINERS OF HAZARDOUS WASTE AT BOTH CAMPUSES IN NON-COMPLIANCE IWTH THE STATE OF MAINE HAZARDOUS WASTE MANAGEMENT RULES.

Defendants (1)

• MAINE COMMUNITY COLLEGE SYSTEMNamed in complaintNamed in settlement

Facilities (2)

• SOUTHERN MAINE COMMUNITY COLLEGE

  2 FORT ROAD, SOUTH PORTLAND, ME, 04106

  Registry ID: 110009025474

• EASTERN MAINE TECHNICAL COLLEGE

  HOGAN RD, BANGOR, ME, 04401

  Registry ID: 110007273379

Statutes cited

• RCRA 3004 — Hazardous Waste Treatment, Storage, and Disposal Standards
• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste

Enforcement conclusions (1)

• MAINE COMMUNITY COLLEGE SYSTEMentered 2005-05-05

  Primary law: RCRA

  Federal penalty: $126,600

Timeline (3 milestones)

• 2004-09-27Enforcement Action Data Entered
• 2004-09-30Complaint Filed/Proposed Order
• 2005-05-05Final Order Issued