EPA v. New Jersey Institute of Technology

Case summary

Respondent failed to make hazardous waste determinations on four distinct types of wastestreams: old, abandoned, obsolete, expired, potentially explosive, and unidentifiable chemicals, including gas cylinders and unknown lab wastes; laboratory wastewaters; spent fluorescent bulbs and spent computer monitors. Respondent failed to comply with conditions for accumulating hazardous waste without a permit and thus did not qualify for the exemption from the permit requirement. Respondent failed to comply with numerous management standards that relate to the labeling of storage containers, satellite accumulation requirements, and inspections, among other things. Respondent failed to ensure that all of its facility personnel responsible for hazardous waste management had received training within six months of employment and/or annual reviews to perform their duties in a way that ensures the facility�s compliance with hazardous waste management regulations and implementation of emergency procedures. Respondent failed to have contingency plan and to submit a Hazardous Waste Contingency Plan to all local police departments, fire departments, hospitals, and state and local emergency response teams. Respondent failed to keep containers of hazardous waste closed. Respondent failed to operate the facility to minimize the possibility of a fire, explosion, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to the air, soil or surface water which could threaten human health or the environment through pervasive unsafe waste storage and management practices throughout the facility. This Case Action seeks to bring a halt to the aforementioned activities and seeks compliance with LQG requirements.

Defendants (1)

• New Jersey Institute of TechnologyNamed in complaintNamed in settlement

Facilities (3)

• NJIT ENTERPRISE DEVELOPMENT CENTER III

  105 LOCK ST, NEWARK, NJ, 07103

  Registry ID: 110018875591

• NEW JERSEY INSTITUTE OF TECHNOLOGY

  323 DR MARTIN LUTHER KING BLVD, NEWARK, NJ, 07102

  Registry ID: 110004163379

• NJIT ENTERPRISE DEVELOPMENT CENTER I

  240 MARTIN LUTHER KING BLVD, NEWARK, NJ, 07102

  Registry ID: 110018875519

Statutes cited

• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste
• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste

Enforcement conclusions (1)

• New Jersey Institute of Technologyentered 2007-12-04

  Primary law: RCRA

  Federal penalty: $31,740 · SEP: $180,629

Timeline (4 milestones)

• 2005-09-30Complaint Filed/Proposed Order
• 2005-10-06Enforcement Action Data Entered
• 2007-12-04Enforcement Action Closed
• 2007-12-04Final Order Issued