EPA v. NORTHAMPTON COMMUNITY COLLEGE

Case summary

Violation 1: Maintenance records documenting the date and type of service for three refrigeration units owned and operated by Northampton Community College containing more than 50 pounds of refrigerant were not maintained, in violation of 40 C.F.R. �� 82.166(k). Violation 2: Certification of refrigerant recovery and recycling equipment owned and operated by Northampton Community College was not submitted to EPA as required by 40 C.F.R. �� 82.162(a), in violation of 40 C.F.R. �� 82.162(a). Violation 3: Northampton Community College used registered pesticides inconsistent with the labeling of said registered pesticides, in violation of Section 12(a)(1)(G) of FIFRA, 7 U.S.C. �� 136j(a)(1)(G). Violation 4: Northampton Community College, an ���onshore facility��� within the meaning of Section 311(a)(10) of the Act, 33 U.S.C. �� 1321(a)(10), and 40 C.F.R. �� 112.2 and a ���non-transportation��� facility within the meaning of 40 C.F.R. �� 112.2, Appendix A thereto, and 36 Fed. Reg. 24,080 (1971), and engaged in storing or consuming oil or oil products, which, due to their location, could reasonably be expected to discharge oil in harmful quantities within the meaning of 40 C.F.R. Part 110 without a Spill Control and Countermeasure (SPCC) Plan in violation of the Section 311(j) of the CWA, 33 U.S.C. �� 321(j) and 40 C.F.R. �� 112.3(b). Violation 5: Northampton Community College failed to make waste determinations in violation of 40 C.F.R. �� 262.11, which is incorporated by reference in the authorized Pennsylvania Hazardous Waste Program, 25 Pa. Code Ch. 262. Violation 6: Northampton Community College failed to follow the requirements for storage of incompatible wastes, in violation of 40 C.F.R. ���� 262.34(d)(2) and 265.172, which is incorporated by reference in the authorized Pennsylvania Hazardous Waste Program, 25 Pa. Code Ch. 262. Violation 7: Northampton Community College, a small quantity generator as that term is used by 40 C.F.R. �� 260.10, failed to conduct periodic inspections of its waste accumulation area, in violation of 40 C.F.R. �� 262.34(d)(2), which is incorporated by reference in the authorized Pennsylvania Hazardous Waste Program, 25 Pa. Code Ch. 262. Violation 8: Northampton Community College, a small quantity generator as that term is used by 40 C.F.R. �� 260.10, failed to post emergency response information at a waste accumulation area, in violation of 40 C.F.R. �� 262.34(d)(5), which is incorporated by reference in the authorized Pennsylvania Hazardous Waste Program, 25 Pa. Code Ch. 262. Violation 9: Northampton Community College, a small quantity generator as that term is used by 40 C.F.R. �� 260.10, failed to label and mark hazardous waste, in violation of 40 C.F.R. �� 262.34(c)(1), which is incorporated by reference in the authorized Pennsylvania Hazardous Waste Program, 25 Pa. Code Ch. 262. Violation 10: Northampton Community College, a small quantity generator as that term is used by 40 C.F.R. �� 260.10, failed to manage universal waste as required by 40 C.F.R. ���� 273.13, 273.14, 273.16 and 273.16, in violation of ���� 273.13, 273.14, 273.16 and 273.16 which is incorporated by reference in the authorized Pennsylvania Hazardous Waste Program, 25 Pa. Code Ch. 266b. Violation 11: Northampton Community College, a small quantity generator as that term is used by 40 C.F.R. �� 260.10, failed to ensure that all employees are thoroughly familiar with proper waste handling and emergency procedures, relevant to their responsibilities during normal facility operations and emergencies, in violation of 40 C.F.R. �� 262.34(d)(5)(iii) which is incorporated by reference in the authorized Pennsylvania Hazardous Waste Program, 25 Pa. Code Ch. 262. . Violation 12: Northampton Community College, a small quantity generator as that term is used by 40 C.F.R. �

Defendants (1)

• NORTHAMPTON COMMUNITY COLLEGENamed in settlement

Facilities (3)

• NORTHAMPTON COMMUNITY COLLEGE (TANNERSVILLE)

  CORNER OLD MILL ROAD AND T-516, TANNERSVILLE, PA, 18372

  Registry ID: 110001106605

• NORTHAMPTON COMM COLLEGE (BETHLEHEM)

  3835 GREENPOND RD, BETHLEHEM, PA, 18017

  Registry ID: 110001076460

• NORTHAMPTON COMMUNITY COLLEGE (LEHIGH VALLEY INDUSTRIAL PARK)

  3894 COURTNEY ST, BETHLEHEM, PA, 18017

  Registry ID: 110018916556

Statutes cited

• CWA 311J — SPCC and/or Federal Response Plan Violations
• FIFRA 12A2G — Misuse
• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste
• CAA 608 — National Recycling & Emission Reduction Program

Enforcement conclusions (1)

• NORTHAMPTON COMMUNITY COLLEGEentered 2005-09-28

  Primary law: CAA

Timeline (3 milestones)

• 2004-07-20Enforcement Action Data Entered
• 2005-09-28Enforcement Action Closed
• 2005-09-28Final Order Issued