EPA v. UNIVERSITY OF TENNESSEE KNOXVILLE

Case summary

7/29/09 NOD ISSUED. IN A LETTER TO EPA DATED DECEMBER 12, 2007, UT ADMITTED VIOLATIONS OF: CAA, 42 USC SEC. 7401; CWA, 42 USC SEC 1251 AND SEC 311 (33 USC SEC 1321) AS AMENDED BY THE OIL POLLUTION ACT OF 1990 (33 USC SEC 2701)(OPA); FIFRA, 7 USC SEC 136; AND RCRA, 42 USC SEC 6921. THESE VIOLATIONS WERE DISCOVERED DURING AN ENVIRONMENTAL AUDIT, CONDUCTED BY URS CORPORATION, WHICH STARTED ON NOV 5, 2007. THE REPORT WAS SUBMITTED TO EPA ON DEC. 12, 2007. ALL OF THE VIOLATIONS WERE CORRECTED WITHIN THE LIMITS PRESCRIBED BY THE AUDIT POLICY. FOR SEVERAL VIOLATIONS, R4 GRANTED THE UNIVERSITY AN EXTENSION TO THE CORRECTION DATE. IN EACH CASE, UT TIMELY CORRECTED THE VIOLATION. UT ALSO SENT MONTHLY PROGRESS REPORTS TO UPDATE THE UNIVERSITY'S CORRECTIONS AND COMPLIANCE MEASURES. THE VIOLATIONS ARE DESCRIBED IN DETAIL IN ATTACHMENT A TO THIS NOD. NONE OF THE VIOLATIONS DISCOVERED ARE REPEAT VIOLATIONS. ADDITIONALLY, NON RESULTED IN SERIOUS HARM, NOR DID THEY PRESENT AN IMMINENT AND SUBSTANTIAL ENDANGERMENT TO HUMAN HEALTH OR THE ENVIRONMENT. UT HAS TAKEN THE APPROPRIATE STEPS TO PREVENT RECURRENCE OF THE VIOLATIONS AND HAS COOPERATED FULLY WITH EPA.

Defendants (1)

• UNIVERSITY OF TENNESSEE KNOXVILLENamed in settlement

Facilities (1)

• UNIVERSITY OF TENNESSEE STEAM PLANT

  2233 VOLUNTEER BOULEVARD, KNOXVILLE, TN, 379963010

  Registry ID: 110064332912

Statutes cited

• CWA 311J — SPCC and/or Federal Response Plan Violations
• CWA 301/402 — NPDES Permit Violations
• FIFRA 12A2B — Refuse Records, Reports, Entry
• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste
• CAA 608 — National Recycling & Emission Reduction Program

Enforcement conclusions (1)

• UNIVERSITY OF TENNESSEE KNOXVILLEentered 2009-07-29

  Primary law: CAA

Timeline (3 milestones)

• 2009-07-29Enforcement Action Closed
• 2009-07-29Final Order Issued
• 2009-09-03Enforcement Action Data Entered