EPA v. UNIVERSITY OF PR CAROLINA CAMPUS

Case summary

'''CCDS - CASE SUMMARY FOR NOD ISSUED 2/12/2002 ON JAN. 31, 2001, UPR-CAROLINA DISCLOSED TO EPA VIOLATIONS OF FEDERAL ENVIRONMENTAL REQUIREMENTS. THE DISCLOSED VIOLATIONS INCLUDED THE FOLLOWING: (1) 40 CFR 262.34(D)(2) AND 265.174 - REQUIRES TO CONDUCT, AT LEAST WEEKLY, INSPECTIONS OF SATELLITE AREAS WHERE CONTAINERS ARE STORED TO INSPECT FOR LEAKING CONTAINERS AND FOR DETERIORATION OF CONTAINERS AND THE CONTAINMENT SYSTEM THAT IS CAUSED BY CORROSION OR OTHER FACTORS; (2) 40 CFR 262.40(C) - REQUIRES TO MAINTAIN RECORDS OF ANY TEST RESULTS, WASTE ANALYSES, OR OTHER DETERMINATIONS MADE ON SOLID WASTE FOR AT LEAST THRE YEARS FROM THE DATE THAT THE WASTE WAS LAST SENT TO ON-SITE OR OFF-SITE TREATMENT, STORAGE, OR DISPOSAL; (3) 40 CFR 262.34(A)(2) - REQUIRES THAT A GENERATOR MAY ACCUMULATE HAZARDOUS WASTE ON-SITE PROVIDED THAT THE DATE UPON WHICH EACH PERIOD OF ACCUMULATION BEGINS IS CLEARLY MARKED AND VISIBLE FOR INSPECTION ON EACH CONTAINER: (4) 40 CFR 262.34(A)(3) - REQUIRES THAT WHILE BEING ACCUM- LATED ON-SITE, EACH CONTAINER IS LABELED OR MARKED CLEARLY WITH THE WORDS HAZARDOUS WASTE, 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 FLUORESCENT LAMPS, BALLASTS, BATTERIES, AND PESTICIDES CONSTITUTED A HAZARDOUS WASTE. ON MARCH 27, 2001, EPA ISSUED A NOTICE OF INCOMPLETE DISCLOSURE (NID) LETTER REQUESTING ADDITIONAL INFORMATION TO EVALUATE THE FULL REGULATORY AND COMPLIANCE STATUS OF UPR-CAROLINA. ACCORDING TO DOCUMENTS SUBMITTED TO EPA BY UPR IN ITS JUNE 6, 2001 RESPONSE TO NID, THE FACILITY CORRECTED THE ABOVE VIOLATIONS AND INSTITUTED MEASURES INTENDED TO PREVENT RECURRENCE. * CCDS - case summary for NOD issued 6/17/2002 UPR-Carolina Camput failed to maintain CFC records on repairs and maintenance. 02/12/2002 - PARTIAL NOD ISSUED. %100 GRAVITY BASED PENALTY $29,7000. TYPE CASE 3008A-RCRA/3002 * 06/17/2002 - NOD issued %100 Gravity Based Penalty $15,000. TYPE 113D1 CAA/ 608. case closed'

Defendants (1)

• UNIVERSITY OF PR CAROLINA CAMPUSNamed in complaintNamed in settlement

Facilities (1)

• UNI OF PR - CAROLINA CAMPUS

  RD 887, KM 3.6 BO SAN ANTON, CAROLINA, PR, 00984

  Registry ID: 110012287426

Statutes cited

• RCRA 3007 — Record keeping, Inspection, Information Request
• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste
• RCRA 3014 — Restrictions on Recycled Oil
• CAA 608 — National Recycling & Emission Reduction Program

Enforcement conclusions (2)

• UPR-Carolina Campusentered 2002-06-17

  Primary law: CAA

• UNIVERSITY OF PR - CAROLINA CAMPUSentered 2002-02-12

  Primary law: CAA

Timeline (3 milestones)

• 2001-04-09Enforcement Action Data Entered
• 2002-06-17Final Order Issued
• 2002-06-17Enforcement Action Closed