EPA v. Rutgers, Newark Campus

Case summary

On 10/24/2002 Rutgers submitted a supplemental disclosure for the USTR audit at its Newark campus. The previous review had missed a heating tank that stored Diesel Fuel for the Woodward Residence Hall & Stonsby Dining facility. In the supplemental self-disclosure Rutgers identified the following two violations associated with an underground storage tank (UST) at its Newark Campus: 40 CFR 280.21(a), and 40 CFR 280.22(a). Disclosure of violation 280.22(a) is a correct determination. Disclosure of 280.21(a), however, is incorrect; there is no such violation associated with said UST. This UST system was installed after Dec. 22, 1988 and is therefore considered a new tank system (as defined in 40 CFR 280.12). Hence, the violations identified by Rutgers as failure to meet upgrade requirements under 280.21 are actually violations of the performance standards for new UST systems under 280.20 (specifically 280.20(b)(2), 280.20(c)(1)(i), and 280.20(c)(1)(ii). Since the regulatory requirements of 280.20 and 280.21 are frequently mistaken for one another, the EPA program specialist proceeded with the review as if Ru

Defendants (1)

• Rutgers, Newark CampusNamed in settlement

Facilities (2)

• RUTGERS, NEWARK CAMPUS

  NEWARK CAMPUS - WOODWARD RESIDENCE HALL & DINING, NEWARK, NJ, 07102

  Registry ID: 110013698604

• RUTGERS UNIVERSITY NEWARK CAMPUS

  360 DOCTOR MARTIN LUTHER KING JUNIOR BOULEVARD, NEWARK, NJ, 07102

  Registry ID: 110000803195

Statutes cited

• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste

Enforcement conclusions (1)

• Rutgers, Newark Campusentered 2002-12-11

  Primary law: RCRA

Timeline (3 milestones)

• 2002-12-11Enforcement Action Closed
• 2002-12-11Final Order Issued
• 2002-12-19Enforcement Action Data Entered