EPA v. GEORGE MASON UNIVERSITY

Case summary

EPA Region III filed a signed Consent Agreement and Final Order ( CAFO ) resolving an action against George Mason University for suspected violations of Section 311(b)(3) and (j) of the Clean Water Act, in connection with its fuel storage and use facility in Fairfax, Virginia. Specifically, EPA alleged that Respondent discharged oil or a hazardous substance into or upon the navigable waters of the United States or adjoining shorelines in such quantities that may be harmful to the public health in violation of Section 311(b)(3) of the CWA. EPA also alleged that Respondent failed to prepare and implement an SPCC Plan for the Facility as follows: failed to comply with 40 C.F.R. 112.3(d) because its SPCC plan was not properly certified by a registered professional engineer; failed to comply with 40 C.F.R. 112.7 because the SPCC plan did not follow the sequence specified by the SPCC rule or, in the alternative, did not include a cross reference identifying the location of each item; failed to comply with 40 C.F.R. 112.7(a)(3) because the Facility diagram in the SPCC plan omitted certain tanks present at the Facility; failed to comply with 40 C.F.R. 112.7(b) because the SPCC plan did not discuss consequences resulting from any type of major equipment failure; failed to comply with 40 C.F.R. 112.7(f) because the SPCC plan did not discuss discharge prevention briefings; failed to comply with 40 C.F.R. 112.8 (c)(1) because the SPCC plan did not discuss whether the container materials were compatible with materials stored; failed to comply with 40 C.F.R. 112.8(c)(2) because the SPCC plan did not discuss whether secondary containment was suitable with respect to freeboard space; failed to comply with 40 C.F.R. 112.8(d) because the SPCC plan did not discuss above ground or buried piping; and finally, failed to comply with 40 C.F.R. 112.7(e) because Respondent failed to implement the SPCC plan because it was not able to produce tank inspections records conducted from July 2014 to March 2015.

Defendants (1)

• GEORGE MASON UNIVERSITYNamed in complaintNamed in settlement

Facilities (4)

• GEORGE MASON UNIVERSITY

  4400 UNIVERSITY DRIVE, FAIRFAX, VA, 22030

  Registry ID: 110026261881

• GEORGE MASON UNIVERSITY

  4400 UNIVERSITY DRIVE, FAIRFAX, VA, 22030

  Registry ID: 110026261881

• GEORGE MASON UNIVERSITY

  4400 UNIVERSITY DRIVE, FAIRFAX, VA, 22030

  Registry ID: 110026261881

• GEORGE MASON UNIVERSITY

  4400 UNIVERSITY DRIVE, FAIRFAX, VA, 22030

  Registry ID: 110026261881

Statutes cited

• CWA 311J — SPCC and/or Federal Response Plan Violations
• CWA 311B — Oil & Hazardous Substances Discharge

Enforcement conclusions (1)

• GEORGE MASON UNIVERSITYentered 2016-07-21

  Primary law: CWA

  Federal penalty: $20,694

Timeline (4 milestones)

• 2016-07-21Final Order Issued
• 2016-07-21Complaint Filed/Proposed Order
• 2016-07-25Enforcement Action Data Entered
• 2016-10-26Enforcement Action Closed