EPA v. NORTHERN KENTUCKY UNIVERSITY

Case summary

8/28/08 - CONSENT AGMT ISSUED, ASSESSING A PENALTY OF $25,000, DUE WITHIN 30 DAYS. ON NOV 27, 2007, EPA AND KYDEP CONDUCTED A RCRA COMPLIANCE EVALUATION INSPECTION (CEI) OF RESPONDENT'S FACILITY. DURING THE CEI, RESPONDENT HAD UNCLOSED CONTAINERS OF HAZ WASTE LOCATED IN THE PAINT SHOP MAINTENANCE BUILDING AND ROOMS 367 AND 466 OF THE NATURAL SCIENCE CENTER. DURING THE CEI IT WAS DETERMINED THAT THE RESPONDENT HAD APPROX 33 CONTAINERS OF HAZ WASTE LOCATED INSIDE THE LESS-THAN-90-DAY STORAGE AREA THAT HAD EXCEEDED STORAGE FOR 90 DAYS. PRIOR TO THE CEI, RESPONDENT HAD NOT PERFORMED WASTE DEETERMINATIONS ON THE WASTE SOLVENT GENERATED NOR THE WASTE SOLVENT/USED OIL MIXTURE LOCATED IN THE MOTOR POOL. DURING THE CEI, RESPONDENT HAD 3 CONTAINERS OF HAZ WASTE STORED IN THE LESS-THAN-90 DAY STORAGE AREA WITHOUT ACCUMULATION START DATES MARKED ON THE CONTAINER. DURING THE CEI, RESPONDENT HAD CONTAINERS OF HAZ WASTE LOCATED IN THE PRINT SHOP, ROOMS 365, 461, AND 466 OF THE NATURAL SCIENCE CTR THAT WERE NOT PROPERLY MARKED. DURING THE CEI, RESPONDENT HAD APPROX 26 UNMARKED BOXES OF UNIVERSAL WASTE LAMPS. THE RESPONDENT HAD APPROX 26 UNCLOSED BOXES OF UNIVERSAL WASTE LAMPS. RESPONDENT HAD TWO UNIVERSAL WASTE BATTERIES THAT WERE UNMARKED. RESPONDENT HAD TWO UNMARKED CONTAINERS OF USED OIL AND AN UNMARKED SECONDARY CONTAINMENT PIT STORING USED OIL. RESPONDENT HAS FAILED TO PERFORM REGULAR WEEKLY INSPECTIONS IN THE LESS-THAN-90 DAY STORAGE AREA. IT WAS DETERMINED THAT RESPONDENT HAD EXCEPTION REPORT FOR MANIFEST #000618064 AFTER THE RESPONDENT HAD NOT RECEIVED THE FINAL SIGNED COPY OF THE MANIFEST FROM TEH HAZ WASTE TREATMENT, STROAGE, AND DISPOSAL FACILITY. RESPONDENT FAILED TO PROVIDE CORRESPONDING JOB TITLES FOR EACH OF THE EMPLOYEES WITH HAZ WASTE MGMT POSITIONS.

Defendants (1)

• NORTHERN KENTUCKY UNIVERSITYNamed in complaintNamed in settlement

Facilities (1)

• NORTHERN KENTUCKY UNIVERSITY

  NUNN DRIVE, HIGHLAND HEIGHTS, KY, 410998301

  Registry ID: 110006497727

Statutes cited

• RCRA 3004 — Hazardous Waste Treatment, Storage, and Disposal Standards
• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste

Enforcement conclusions (1)

• NORTHERN KENTUCKY UNIVERSITYentered 2008-08-28

  Primary law: RCRA

  Federal penalty: $25,000

Timeline (4 milestones)

• 2008-08-28Final Order Issued
• 2008-08-28Complaint Filed/Proposed Order
• 2008-09-03Enforcement Action Data Entered
• 2008-11-06Enforcement Action Closed