EPA v. BELMONT UNIVERSITY

Case summary

7/29/09 - NOTICE OF DETERMINATION ISSUED. THE FOLLOWING PROVISIONS ARE RECOGNIZED BY THIS NOD AS VIOLATIONS SELF-DISCLOSED BY BELMONT UNIVERSITY TO EPA ON DEC 18, 2007. BELMONT DISCOVERED THE VIOLATION NOV 27, 2007, UPON RECEIPT OF A PEER AUDIT REPORT. BELMONT DISCLOSED TEH VIOLATIONS TO EPA ON DEC 18, 2007. ALL BUT 15 OF THE 104 VIOLATIONS WERE CORRECTED BY FEB 18, 2008. EPA GRANTED BELMONT'S REQUEST FOR A 30-DAY EXTENSION OF THE DEADLINE TO COMPLETE CORRECTIVE ACTION FOR THE 15 VIOLATIONS. THE REMAINING VIOLATIONS WERE CORRECTED BY MARCH 6, 2008. NONE OF THE VIOLATIONS ARE REPEAT VIOLATIONS. ADDITIONALLY, NONE RESULTED IN SERIOUS HARM NOR DID THEY PRESENT AN IMMINENT AND SUBSTANTIAL ENDANGERMENT. BELMONT HAS TAKEN STEPS TO PREVENT RECURRENCE OF THE VIOLATIONS AND HAS COOPERATED FULLY WITH EPA. CAA: 1. 50 CFR, PART 52, TN SIP REQUIREMENT, OPERATION OF UNPERMITTED EMERGENCY GENERATOR: 2 VIOLATIONS. 2. 50 CFR, PART 52, TN SIP REQUIREMENT, OPERATION OF UNPERMITTED BOILER: 11 VIOLATIONS. CWA: 3. 40 CFR 403.5, DISCHARGE TO POTW WITHOUT A PERMIT: 9 VIOLATIONS. 4. 40 CFR 112.5, FAILURE TO PREPARE AND IMPLEMENT SPCC: 1 VIOLATION. 5. 40 CFR 112.7(e)(8), FAILURE TO CONDUCT ANNUAL SPCC INSPECTIONS: 1 VIOLATION. 6. 40 CFR 112.7(e)(10), FAILURE TO CONDUCT SPCC INSPECTIONS: 1 VIOLATION. 7. 40 CFR 112.8(c), FAILURE TO PROVIDE SPCC SECONDARY CONTAINMENT: 2 VIOLATIONS. RCRA: 8. 40 CFR 261.5(g), FAILURE TO COMPLY WITH DISPOSAL REQUIREMENTS FOR LEGACY CHEMICALS: 23 VIOLATIONS. 9. 40 CFR 261.7, FAILURE TO COMPLY WITH DISPOSAL REQUIREMENTS FOR RESIDUES OF HAZ WASTE IN EMPTY CONTAINERS: 4 VIOLATIONS. 10. 40 CFR 262.11, FAILURE TO DETERMINE WHETHER A WASTE IS A HAZ WASTE: 14 VIOLATIONS. 11. 40 CFR 262.12, FAILURE TO DETERMINE HAZ WASTE GENERATION RATE TO CONFIRM HAZ WASTE GENERATOR STATUS: 1 VIOLATION. 12. 40 CFR 262.32, FAILURE TO LABEL HAZ WASTE CONTAINER WITH CONTACT INFO: 3 VIOLATIONS. 13. 40 CFR 265.173, FAILURE TO SECURELY CLOSE CONTAINERS OF HAZ WASTE: 3 VIOLATIONS. 14. 40 CFR 262.34(a), FAILURE TO LABEL CONTAINERS WITH WORDS HAZARDOUS WASTE : 1 VIOLATION. 15. 40 CFR 262.34(a), FAILURE TO HAVE STANDARD OPERATING PROCEDURES FOR COLLECTION OF SMALL QUANTITIES OF HAZ WASTE: 2 VIOLATIONS. 16. 40 CFR 266.210, FAILURE TO COMPLY WITH STORAGE AND HANDLING REQUIREMENTS FOR MIXED WASTE: 1 VIOLATION. 17. 40 CFR 273.14, FAILURE TO LABEL CONTAINERS CONTAINING UNIVERSAL WASTES AS UNIVERSAL WASTE : 19 VIOLATIONS. 18. 40 CFR 273.13, FAILURE TO HANDLE UNIVERSAL WASTE IN A WAY THAT PREVENTS RELEASES INTO THE ENVIRONMENT: 15 VIOLATIONS. 19. 40 CFR 273.15, FAILURE TO DEMONSTRATE THE LENGTH OF TIME A UNIVERSAL WASTE HAS BEEN ACCUMULATED: 1 VIOLATION. 20. 40 CFR 273.17, IMPROPER DISPOSAL OF UNIVERSAL WASTE: 3 VIOLATIONS.

Defendants (1)

• BELMONT UNIVERSITYNamed in settlement

Facilities (1)

• BELMONT UNIVERSITY

  1900 BELMONT BOULEVARD, NASHVILLE, TN, 37212

  Registry ID: 110027775520

Statutes cited

• RCRA 3004 — Hazardous Waste Treatment, Storage, and Disposal Standards
• CWA 311J — SPCC and/or Federal Response Plan Violations
• RCRA 3007 — Record keeping, Inspection, Information Request
• CWA 301/402 — NPDES Permit Violations
• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• BELMONT UNIVERSITYentered 2009-07-29

  Primary law: CAA

Timeline (3 milestones)

• 2009-07-29Enforcement Action Closed
• 2009-07-29Final Order Issued
• 2009-09-19Enforcement Action Data Entered