EPA v. UNIVERSITY OF PUERTO RICO CENTRAL ADMINISTRATION

Case summary

10/04/00 - AUDIT POLICY DISCLOSURE DATE (MULTI MEDIA). FACILITY NAME: UPR CENTRAL ADMINISTRATION THERE ARE 4 TYPE CASES LISTED, THE SYSTEM ONLY ACCEPTS 3 THE IS TYPE 113D1. ****CCDS - CASE SUMMARY FOR NOD ISSUED 2/12/2002 ON OCTOBER 4, 2000, UPR-CENTRAL ADMINISTRATION DISCLOSED TO EPA VIOLATIONS OF FEDERAL ENVIRONMENTAL REQUIREMENTS. THE DISCLOSED VIOLATIONS INCLUDED THE FOLLOWING: (1) 40 CFR 262.34(A)(4), REFERENCING 40 CFR  265.31 REQUIRES THAT THE FACILITIES MUST BE MAINTAINED AND OPERATED TO MINIMIZE THE POSSIBILITY OF FIRES, EXPLOSIONS, OR ANY UNPLANNED SUDDEN OR NON-SUDDEN RELEASE OF HAZARDOUS WASTE OR HAZARDOUS WASTE CONSTITUENTS TO AIR, SOIL, OR SURFACE WATER WHICH COULD THREATEN HUMAN HEALTH OR THE ENVIRONMENT; (2) 40 CFR 262.34 (A)(2) - REQUIRES THAT A GENERATOR MAY ACCUMULATE HAZARDOUS ON-SITE PROVIDED THAT THE DATE UPON WHICH EACH PERIOD OF ACCUMULATION BEGIN IS CLEARLY MARKED AND VISIBLE FOR INSPEC- TION ON EACH CONTAINER; (3) 40 CFR 262.34(A)(3) - REQUIRES THAT WHILE BEING ACCUMULATED ON-SITE, EACH CONTAINER IS LABELED OR MARKED CLEARLY WITH THE WORDS HAZARDOUS WASTE, (4) 40 C.F.R.  262.34(D)(2), REFERENCING 40 C.F.R. 265.1 77(C) REQUIRES THAT A STORAGE CONTAINER HOLDING A HAZARDOUS WASTE THAT IS INCOMPATIBLE WITH ANY WASTE OR OTHER MATERIALS STORED NEARBY IN OTHER CONTAINERS, PILES, OPEN TANKS, OR SURFACE IMPOUNDMENTS MUST BE SEPARATED FROM THE OTHER MATERIALS OR PROTECTED FROM THEM BY MEANS OF A DIKE, BERM, WALL, OR OTHER DEVICE; AND, (5) 40 CFR 262.11- REQUIRES THAT A PERSON WHO GENERATES A SOLID WASTE, MUST DETERMINE IF THAT WASTE IS A HAZARDOUS WASTE. THE FACILITY DID NOT MAKE A DETERMINATION AS TO WHETHER ALL OF THE FACILITY'S WASTE WASTE FLUORESCENT LAMPS, BALLASTS, BATTERIES, AND PESTICIDES CONSTITUTED A HAZARDOUS WASTE. * ON MARCH 8, 2001, EPA ISSUED A NOTICE OF INCOMPLETE DIS- CLOSURE (NID) LTR REQUESTING ADDITIONAL INFO TO EVALUATE THE FULL REQULATORY AND COMPLIANCE STATUS OF UPR IN ITS 4/2/2001 RESPONSE TO NID, THE FAILITY CORRECTED THE ABOVE VIOLATIONS AND INSTITUTED MEASURES INTENDED TO PREVENT RECURRENCE. * PARTIAL SETTLEMENTS LISTED BY DATE ARE: 03/08/01 - NOTICE OF DETERMINATION ISSUED (AP DENIED, VIOLATIONS NOT CORRECTED). THIS NOD IS A PARTIAL SETTLEMENT FOR TYPE CASE 1423C1 SDWA/1421. WCB -SDWA/CONTACT - NORMA ORTEGA 212-637-4234. 02/12/2002 - NOD ISSUED (PARTIAL) TYPE CASE 3008A RCRA/CONTACT EDUARDO R. GONZELEZ 787-977-5839. PENALTY CALCULATIONS BEFORE MITIGATION 39,100 100%. TOTAL NUMBER OF PARTIAL SETTLEMENTS FOR THIS CASE: _____ * ABOVE NUMBER TO BE ENTERED WHEN FINAL MM NOD IS ISSUED PER EACH TYPE CASE. THAN CASE WILL CLOSE. *CCDS CASE SUMMARY FOR NOD OF 2/12/02 IS LISTED ON PREVIOUS PAGES.

Defendants (1)

• UNIVERSITY OF PUERTO RICO CENTRAL ADMINNamed in settlement

Facilities (1)

• UPRCA

  AGRICULTURE EXPERIMENTAL SUB-STATION #1, KM 12.9, SAN JUAN, PR, 00936

  Registry ID: 110045631027

Statutes cited

• SDWA 1421 — UIC Regulations
• CAA 608 — National Recycling & Emission Reduction Program
• CAA OTHER — Violations not covered elsewhere
• CWA 311J — SPCC and/or Federal Response Plan Violations
• RCRA 3004 — Hazardous Waste Treatment, Storage, and Disposal Standards

Enforcement conclusions (2)

• UNIVERSITY OF PUERTO RICO - CENTRAL ADMINISTRATIONentered 2001-03-08

  Primary law: RCRA

• UNI OF PUERTO RICO - CENTRAL ADMINISTRATION, RIO Pentered 2002-02-12

  Primary law: RCRA

Timeline (2 milestones)

• 2001-04-09Enforcement Action Data Entered
• 2002-02-12Final Order Issued