EPA v. SOUTHERN ADVENTIST UNIVERSITY

Case summary

3/18/10 - NOTICE OF DETERMINATION ISSUED. IN A FEB 28, 2008, LETTER TO EPA, SOUTHERN ADVENTIST UNIVERSITY DISCLOSED VIOLATIONS OF THE CWA, EPCRA, AND RCRA. ON AUG 15, 2008, SOUTHERN ADVENTIST UNIVERSITY SUBMITTED A FINAL COMPLIANCE REPORT, WHICH CONTAINED ADD'L INFO, INCLUDING THE CORRECTIVE ACTIONS TAKEN TO BRING THE UNIVERSITY BACK INTO COMPLIANCE. THE FOLLOWING VIOLATIONS WERE DISCLOSED: CWA: 1. 40 CFR 112.3, FAILURE TO HAVE AN SPCC FOR THE FACILITY (1 VIOLATION, CAMPUS-WIDE). 2. 40 CFR 112.7(c), FAILURE TO PROVIDE ADEQUATE CONTAINMENT FOR MOBILE AND PORTABLE STORAGE CONTAINERS (1 VIOLATION, CAMPUS-WIDE; 1 VIOLATION, FLEMING PLAZA; 1 VIOLATION, WRIGHT). 3. 40 CFR 112.7(e), FAILURE TO MAINTAIN WRITTEN RECORDS OF INSPECTIONS AND TESTS (1 VIOLATION, CAMPUS-WIDE). 4. 40 CFR 112.7(f), FAILURE TO CONDUCT TRAINING FOR OIL HANDLING PERSONNEL ON THE OPERATION AND MAINTENANCE OF EQUIPOMENT TO PREVENT DISCHARGES (1 VIOLATION, CAMPUS-WIDE). 5. 40 CFR 403.5, DISCHARGE TO PUBLICALLY OWNED TREATMENT WORKS WITHOUT A PERMIT (1 VIOLATION, ART ANNEX; 4 VIOLATIONS, BROCK; 13 VIOLATIONS, HICKMAN; 3 VIOLATIONS, LEDFORD; AND 2 VIOLATIONS, TALGE). EPCRA: 6. 40 CFR 355.30, 370.22, 370.22, 370.28, FAILURE TO CALCULATE THE QUANTITY OF EXTREMELY HAZ CHEMICALS AND/OR MIXTURES PRESENT AT THE FACILITY, AND TO NOTIFY THE FIRE DEPT, STATE EMERGENCY RESPONSE COMMITTEE, LOCAL EMERGENCY PLANNING COMMITTEE OF NAME OF EMERGENCY CONTACT, IF APPROPRIATE (1 VIOLATION, CAMPUS-WIDE). RCRA: 7. 40 CFR 262.11, FAILURE TO CONDUCT HAZ WASTE DETERMINATION (3 VIOLATIONS, ART ANNEX; 6 VIOLATIONS, BROCK; 21 VIOLATIONS, HICKMAN; 1 VIOLATION, LANDSCAPE SERVICES; 13 VIOLATIONS, LEDFORD; 2 VIOLATIONS, TALGE; 4 VIOLATIONS, TRANSPORATION; 2 VIOLATIONS, WOOD). 8. 40 CFR 262.12, FAILLURE TO NOTIFY OF FACILITY STATUS (1 VIOLATION, CAMPUS-WIDE). 9. 40 CFR 262.34(a), FAILURE TO LABEL CONTAINERS USED TO STORE HAZ WASTE WITH A LIST OF KNOWN CONSTITUENTS AND/OR THE WORDS HAZARDOUS WASTE (1 VIOLATION, CAMPUS-WIDE; 14 VIOLATIONS, HICKMAN; 4 VIOLATIONS, LEDFORD). 10. 40 CFR 262.34(d), FAILURE TO IDENTIFY EMERGENCY COORDINATOR (CAMPUS-WIDE). 11. 40 CFR 265, FAILURE TO MAINTAIN A HAZ WASTE MINIMIZATION PLAN (1 VIOLATION, CAMPUS-WIDE). 12. 40 CFR 265.16, FAILURE TO PROVIDE ADEQUATE EMPLOYEE TRAINING IN THE HANDLING OF HAZ WASTE (1 VIOLATION, HICKMAN). 13. 40 CFR 265.51, FAILURE TO MAINTAIN A CONTINGENCY PLAN FOR MANAGEMENT OF HAZ WASTE (1 VIOLATION, CAMPUS-WIDE). 14. 40 CFR 265.171, FAILURE TO STORE HAZ WASTE IN CONTAINERS THAT ARE IN GOOD CONDITION (1 VIOLATION, HICKMAN). 15. 40 CFR 265.172, FAILURE TO STORE HAZ WASTE IN COMPATIBLE CONTAINERS (2 VIOLATIONS, HICKMAN). 16. 40 CFR 265.173, FAILURE TO SECURELY CLOSE CONTAINERS HOLDING HAZ WASTE (3 VIOLATIONS, HICKMAN). 17. 40 CFR 265.177, FAILURE TO STORE CONTAINERS OF INCOMPATIBLE HAZ WASTE IN SEPARATE CONTAINMENT BINS OR IN AN AREA SEPARATED BY SOME OTHER PHYSICAL BARRIER (2 VIOLATIONS, HICKMAN). 18. 40 CFR 273.13, FAILURE TO HANDLE UNIVERSAL WASTE IN A WAY THAT PREVENTS RELEASES OF HAZ WASTE AND/OR HAZ COMPONENTS INTO THE ENVIRONMENT (1 VIOLATION, HERIN; 3 VIOLATIONS, HICKMAN; 1 VIOLATION, LEDFORD; 1 VIOLATION, THATCHER). 19. 40 CFR 273.14, FAILURE TO MARK UNIVERSAL WASTE (1 VIOLATION, ENERGY MGMT; 1 VIOLATION, FACILITIES; 1 VIOLATION, HERIN; 1 VIOLATION, THATCHER; 2 VIOLATIONS, WRIGHT). 20. 40 CFR 273.15, STORAGE OF UNIVERSAL WASTE GREATER THAN 1 YEAR (1 VIOLATION, ENERGY MGMT; 2 VIOLATIONS, WRIGHT). THE FOLLOWING VIOLATIONS WERE DISCLOSED BY SOUTHERN ADVENTIST UNIVERSITY, BUT HAVE BEEN DETERMINED BY EPA NOT TO HAVE BEEN VIOLATIONS: CAA: 1. 40 CFR 70.1, FAILURE TO CALCULATE AIR EMISSIONS FROM BOILERS TO DETERMINE TITLE V APPLICABILITY. TSCA: 2 40 CFR 745.100, FAILURE TO DISCLOSE ANY KNOWN LEAD-BASED PAINT HAZARDS TO LESSEES.

Defendants (1)

• SOUTHERN ADVENTIST UNIVERSITYNamed in settlement

Facilities (1)

• SOUTHERN ADVENTIST UNIVERSITY

  4881 TAYLOR CIRCLE, COLLEGEDALE, TN, 37315

  Registry ID: 110027610315

Statutes cited

• CWA 311J — SPCC and/or Federal Response Plan Violations
• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste
• CWA 301/402 — NPDES Permit Violations
• EPCRA 312 — Emergency and Hazardous Chemical Inventory Forms

Enforcement conclusions (1)

• SOUTHERN ADVENTIST UNIVERSITYentered 2010-03-18

  Primary law: EPCRA

Timeline (3 milestones)

• 2010-03-18Enforcement Action Closed
• 2010-03-18Final Order Issued
• 2010-04-06Enforcement Action Data Entered