EPA v. UPR - MAYAGUEZ CAMPUS

Case summary

11/31/00 - AUDIT POLICY DISCLOSURE DATE * NOTE THE CASE NUMBER IS 0821 AND THE INDEX NUMBER IS 0822. ** CCDS - CASE SUMMARY FIRST NOD ISSUED ON 09/20/2001 UPR-MAYAGUEZ CAMPUS FAILED TO KEEP RECORDS OF CFC MAINTEN- ANCE, FAILED TO COMPLETE AN ASBESTOS SURVEY AND FAILED TO OBTAIN AN AIR PERVIT FOR AN EMERGENCY GENERATOR, PROPANE TANK AND A BOILER. UPR MAYAGUEZ SUBMITTED THE PERMIT APPLI- CATION, PREPARED THE RECORDS FOR CFC AND COMPLETED THE ASBESTOS ASSESSMENT. **CCDS - CASE SUMMARY NOD ISSUED 2/12/2002 ON NOV. 21, 2000, AND MAY 15, 2001, UPR-MAYAGUEZ CAMPUS DIS- CLOSED TO EPA VIOLATIONS OF FEDERAL ENVIRONMENTAL REQUIRE- MENTS. THE DISCLOSED VIOLATIONS INCLUDED THE FOLLOWING: (1) 40 CFR 262.34(A) - REQUIRES A GENERATOR MAY ACCUMULATE HAZARDOUS WASTE ON-SITE FOR 90 DAYS OR LESS WITHOUT A PERMIT OR WITHOUT HAVING INTERIM STATUS; (2) 40 CFR 262.34(A)(1)(I) AND 265.174- REQUIRES TO CONDUCT, AT LEAST WEEKLY, INSPECTIONS OF HAZARDOUS WASTE STORAGE AREAS AND SATELLITE AREAS WHERE CONTAINERS ARE STORED TO INSPECT OF LEAKING COTAINERS AND FOR DETERIORATION OF CON- TAINERS AND THE CONTAINMENT SYSTEM THAT IS CAUSED BY CORRO- SION OR OTHER FACTORS; (3) 40 CFR 262.34(4)& 265.32(A)-REQUIRES THAT ALL FACILITIES MUST BE EQUIPPED WITH AN INTERNAL COMMUINICATION SYSTEM OR ALARM SYSTEM CAPABLE OF PROVIDING IMMEDIATE EMERGENCY IN- STRUCTION (VOICE OR SIGNAL) TO FACILITY PERSONNEL; (4) 40 CFR 262.34(A)(2)-REQUIRES THAT A GENERATOR MAY ACCUM- ULATE HAZARDOUS WASTE ON-SITE PROVIDED THAT HE DATE UPON WHICH EACH PERIOD OF ACCUMULATION BEGINS IS CLEARLY MARKED AND VISIBLE FOR INSPECTION ON EACH CONTAINER; (5) 40 CFR 262.34(A)(3) -REQUIRES THAT WHILE BEING ACCUMU- LATED ON-SITE, EACH CONTAINER IS LABELED OR MARKED CLEARLY WITH THE WORDS HAZARDOUS WASTE ; (6) 40 CFR 262.34(A)(4) & 265.16 -REQUIRES THAT FACILITY PERSONNEL MUST SUCESSFULLY COMPLETE A PROGRAM OF CLASSROOM INSTRUCTION OR ON-THE-JOB TRAINING THAT TEACHES THEM TO PERFORM THEIR DUTIES IN A WAY THAT ENSURES THE FACILITY'S COMPLIANCE WITH THE REQUIREMENT SOF PERSONNEL TRAINING; (7) 40 CFR 279.24 - REQUIRES THAT GENERATOR MUST ENSURE THAT THEIR USED OIL IS TRANSPORTED ONLY BY TRANSPORTERS WHO HAVE OBTAINED AN EPA IDENTIFICATION NUMBER AND; (8) 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, AND BATTERIES CONSTITUTED A HAZARDOUS WASTE. ** ON APRIL 24, 2001, EPA ISSUED A NOTICE OF INCOMPLETE DISCLOSURE (NID) LETTER REQUESTING ADDITIONAL INFORMATION TO EVALUATE THE FULL REGULATORY AND COMPLIANCE STATUS OF UPR-MAYAGUEZ CAMPUS. ACCORDING TO DOCUMENTS SUBMITTED TO EPA BY UPR-MAYAGUEZ CAMPUS IN ITS MAY 15, 2001 RESPONSE TO NID, THE FACILITY PROPOSED MEASURES TO CORRECT THE ABOVE VIOLATIONS AND TO INSTITUTE THESE MEASURES INTENDED TO PREVENT RECURRENCE. HOWEVER, CORRECTIVE MEASURES ARE STILL PENDING BUDGET APPROVAL OVER A YEAR. THEREFORE, UPR-MAYAGUEZ CAMPUS DOES NOT MEET THE CONDITIONS OF THE SELF-DISCLOSSURE POLICY FOR 100% ELIMIN- ATION OF THE TOTAL GRAVITY-BASED PENALTIES OF FIFTY-SEVEN THOUSAND, EIGHT HUNDRED AND FIFTY DOLLARS ($57,859) FOR THESE ABOVE VIOLATIONS UNDER SECTION 3008 OF THE SOLID WASTE DISPOSAL ACT, AS AMENDED. EPA WILL NOT SEEK GRAVITY-BASED PENALTIES FOR THESE VIOLATIONS. (AT THIS TIME. ADDED JD 4/10/02) *

Defendants (1)

• UNIVERSITY OF PR MAYAGUEZ CAMPUSNamed in settlement

Facilities (1)

• UPR-MAYAGUEZ CAMPUS

  PR RD 653 KM 0.2 (CALLE POST NORTE), MAYAGUEZ, PR, 00680

  Registry ID: 110024283292

Statutes cited

• SDWA 1421 — UIC Regulations
• CAA OTHER — Violations not covered elsewhere
• TSCA 206 — Contractor Laboratory Accreditation
• SDWA 1423 — Safe Drinking Water Act
• CWA 311J — SPCC and/or Federal Response Plan Violations
• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste

Enforcement conclusions (2)

• UNIVERSITY OF PR RECINTO UNIVERSITARIO DE MAYAGUEZentered 2002-02-12

  Primary law: RCRA

• UPR-MAYAGUEZ CAMPUSentered 2001-09-20

  Primary law: RCRA

Timeline (2 milestones)

• 2001-04-27Enforcement Action Data Entered
• 2002-02-12Final Order Issued