EPA v. UNIVERSITY OF PITTSBURGH

Case summary

ON DECEMBER 21, 2001, A COMPLAINT, COMPLIANCE ORDER AND NOTICE OF OPPORTUNITY FOR HEARING ( COMPLAINT ) WAS FILED BY REGION III PURSUANT TO THE TOXIC SUBSTANCES CONTROLS ACT ( TSCA ), 15 U.S.C. SECTION 2605(E), AND THE REGULATIONS IMPLEMENTING TSCA SECTION 6(E), 15 U.S.C. SECTION 2605(E), AS SET FORTH AS 40 C.F.R. PART 761, AT THE UNIVERSITY OF PITTSBURGH. THE COMPLAINT ALLEGES VIOLATIONS OF THE POLYCHLORINATED BIPHENYL ( PCB ) MANUFACTURING, PROCESSING, DISTRIBUTION IN COMMERCE, AND USE PROHIBITIONS, 40 C.F.R. PART 761 REGULATION ( PCB REGULATIONS). THE COMPLAINT WAS FILED AGAINST THE UNIVERSITY OF PITTSBURGH, WHICH IS A COMMONWEALTH OF PENNSYLVANIA AFFILIATED UNDERGRADUATE AND POST-GRADUATE EDUCATION INSTITUTION. EIGHT PCB TRANSFORMRES AND TWELVE PCB CAPACITORS ARE UTILIZED BY THE UNIVERSITY AND ARE LOCATED IN SIX (6) DIFFERENT BUILDINGS AT THE MAIN CAMPUS. THE COMPLAINT ALLEGES THAT THE UNIVERSITY DID NOT REGISTER ITS PCB TRANSFORMER AT THE MAIN CAMPUS WITH THE NATIONAL PCB TRANSFORMER DATABASE REIGSTRY UNTIL APRIL 14, 2000, FOUR DAYS PRIOR TO THE EPA'S PREVIOUSLY ANNOUNCED INSPECTION. THE REGISTRATION WAS DUE NO LATER THAN DECEMBER 1, 1998. IN ADDITION THE EPA INSPECTOR DOCUMENTED THAT A DOOR TO A PCB TRANSFORMER VAULT IN VICTORIA HALL DID NOT HAVE THE REQUIRED PCB LABEL AFFIXED, ALERTING STUDENTS AND STAFF OF THE PRESENCE OF PCBS. EPA PROPOSES THE ASSESSMENT OF A CIVI CIVIL PENALTY OF $25,300 FOR THE VIOLATIONS IN ITS COMPLAINT THE UNIVERSITY OF PITTSBURGH'S MAIN CAMPUT IS LOCATED PRIMARILY IN THE OAKLAND SUBURB OF PITTSBURGH, PENNSYLVANIA. THER EARE APPROXIMATELY 20,000 GRADUATE AND UNDERGRADUATE STUDENTS ENROLLED AT THE AMIN CAMPUS. APPROXIMATELY 7,800 FACULTY AND STAFF WORK AT THE UNIVERSITY. THERE ARE APPROXIMATELY 90 ACADEMIC, RESEARCH AND ADMINISTRATIVE BUILDINGS LOCATED ON THE 132 ACRE MAIN CAMPUL.

Defendants (1)

• UNIVERSITY OF PITTSBURGHNamed in complaintNamed in settlement

Facilities (1)

• UNIVERSITY OF PITTSBURGH

  BIGELOW BOULEVARD & FIFTH AVE, PITTSBURGH, PA, 15261

  Registry ID: 110010616958

Statutes cited

• TSCA 6-PCBS — PCBS

Enforcement conclusions (1)

• University of Pittsburghentered 2002-07-25

  Primary law: TSCA

  Federal penalty: $9,000

Timeline (4 milestones)

• 2001-11-28Enforcement Action Data Entered
• 2001-12-31Complaint Filed/Proposed Order
• 2002-07-25Final Order Issued
• 2002-08-02Enforcement Action Closed