EPA v. City of New York et al.

Case summary

Based on the Inspections and the Respondent�s response to the IRL, EPA determined that NYC DCAS had failed to make hazardous waste determinations, failed to properly label or mark waste, and failed to prevent and/or minimize releases by proper packaging and storage, with regard to spent fluorescent lamps or computer monitors, at all or most of its 53 buildings. DCAS had not developed any policy with regard to spent fluorescent lamps or computer monitors for any of its facilities prior to doing so on August 27, 2004; rather, it determined what waste should be discarded and left it to individual facilities to make arrangements, with most placing the waste curbside for routine trash pickup or in dumpsters. Rather than issue a Complaint, EPA proceeded directly to settlement talks, which resulted in a settlement of a penalty and a comprehensive hazardous waste audit program covering a portion of facilities owned and/or operated by all City agencies. The audit program will include all hazardous waste and universal waste rules at a representative sample of City facilities, covering all City agencies and departments. The audit targets include a percentage of each agency, depending on how many facilities the agency operates, with the SEP expected to include audits of between 800 and 1,000 facilities. While EPA agreed to forego further penalties for related violations observed during the audits if they are promptly corrected, such violations will trigger not only corrective measures, but also additional audits within the same agency. The audit program will take approximately 25 months, including facility identification, staff training, field work, violation correction and reporting.

Defendants (2)

• City of New YorkNamed in complaintNamed in settlement
• NYC Dept. of Citywide Administrative ServicesNamed in complaintNamed in settlement

Facilities (4)

• NYC TWEED COURTHOUSE

  52 CHAMBERS ST, NEW YORK, NY, 10007

  Registry ID: 110004556301

• CIVIC CENTER COMMUNITY GROUP

  346 BROADWAY ALSO KNOWN AS, NEW YORK, NY, 10013-3994

  Registry ID: 110004422376

• NYC DEPT OF CITYWIDE ADMIN SVCS

  125 WORTH ST, NEW YORK, NY, 10013

  Registry ID: 110024437876

• GSA NEW YORK CITY OFFICE OF

  100 GOLD ST, NEW YORK, NY, 10038

  Registry ID: 110004488386

Statutes cited

• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste

Enforcement conclusions (1)

• City of New York et al.entered 2009-08-13

  Primary law: RCRA

  Federal penalty: $50,000 · SEP: $300,000

Timeline (4 milestones)

• 2009-08-13Final Order Issued
• 2009-08-13Complaint Filed/Proposed Order
• 2009-08-13Enforcement Action Closed
• 2009-09-14Enforcement Action Data Entered