EPA v. Long Island University - C.W. Post College

Case summary

6NYCRR 372.2(a)(2), Failure to make hazardous waste determinations on 7 waste streams; 6NYCRR 373-1.2(a) as per 6NYCRR 372.2(a)(8)(iii) and 42 USC 6925, Failure to comply with the small quantity generator requirements for storage of hazardous waste in containers resulting in a failure to operate a hazardous waste management facility without a permit or interim status; 6NYCRR 373-1.2(a) as per 372.2(a)(8)(v), Failure to comply with the small quantity generrator requirements for storage of hazardous waste in tanksresulting in a failure to operate a hazardous waste management facility without a permit or interim status; 6NYCRR 372.2(b)(1) Appendix 30, Failure to properly fill out a Uniform Hazardous Waste Manifest; and 6 NYCRR 373-3.3(b) as per 6 NYCRR 372.2(a)(8)(iii)('d'), Failure to maintain and operate a facility to minimize the possibility of a fire, explosion, or an unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents. Within ten days, Respondent shall make a hazardous waste determination on those solid wase streams that it has failed to do so; Within ten days, Respondent shall obtain a permit or comply with the conditions necessary to store hazardous in its undergorund photochemical storage tank or within sixty days, a closure plan shall be submitted or a permit application shall be submitted. Immediately, Respondent shall come into compliance with the small quantity regulatory requirements governing the management of hazardous waste at its facility. Southampton College, through EPA's inspection and several RCRA 3007/NOVs, was found to be non-compliant with regards to RCRA in the following areas: (1) failure to make a hazardous waste determination; (2) storing hazardous waste in a tank without obtaining a permit or interim status; (3) storing hazardous waste in containers without having a permit or meeting the conditions required for a small quantity generator's exemption; (4) failing to properly fill out a uniform hazardous waste manifest; and (5) failing to maintain and operate a facility to minimize the possibility of a fire, explosion, or an unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents. A settlement agreement between Southampton, C.W. Post and EPA was reached after several meetings and telephone conferences. The settlement includes a $39,057 penalty and a $115,000 SEP to be shared between the two schools. For accounting purposes, the entire value of the penalty and SEP was assigned to LIU - C.W. Post (RCRA-02-2003-7108). The SEP will be a compliance promotion SEP which will entail creating a RCRA compliance guidance manual and presentation for high schools. In addition to the penalty and SEP, in order to return to compliance, Southampton shall conduct the following: (1) make a determination as to whether its solid waste streams are hazardous waste; (2) either submit a permit or comply with all the requirements necessary to operate and store liquid hazardous waste in an underground storage tank and, within 60 days, submit either a permit application or a closure plan to the NYSDEC to close the underground storage tank; (3) shall comply with all small quantity generator regulations including but not limited to marking, closing, dating containers as well as emergency preparedness and training requirements; (4) correctly fill out uniform hazardous waste manifests for all hazardous wastes being transported off-site; and (5) maintain its facility to help prevent fire, explosion, and/or unplanned sudden or non-sudden release by keeping containers closed, not discharging hazardous waste or hazardous waste constituents down the drain into septic systems and leachfields, and properly handle and dispose fluorescent bulbs. CCDS combining 02-2003-7108 with this action: Long Island University, C.W. Post College under went a Multi-Media inspection (MMI) during the week of February 26, 2003; the RCRA portion of this MMI was conducted on Feb

Defendants (2)

• Long Island University - Southampton CollegeNamed in settlement
• Long Island University - C.W. Post CollegeNamed in complaintNamed in settlement

Facilities (1)

• SOUTHAMPTON COLLEGE - LIU

  239 MONTAUK HWY, SOUTHAMPTON, NY, 11968

  Registry ID: 110012171540

Statutes cited

• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste

Enforcement conclusions (1)

• Long Island University - C.W. Post Collegeentered 2004-03-26

  Primary law: RCRA

  Federal penalty: $39,057 · SEP: $115,000

Timeline (4 milestones)

• 2004-03-26Enforcement Action Closed
• 2004-03-26Complaint Filed/Proposed Order
• 2004-03-26Final Order Issued
• 2004-04-13Enforcement Action Data Entered