EPA v. UNIVERSITY OF TENNESSEE EXTENSION

Case summary

11/30/10 - NOTICE OF DETERMINATION ISSUED. UT EXT DISCOVERED THE VIOLATIONS OF CAA, CWA, FIFRA, AND RCRA ON MARCH 6, 2008 UPON RECEIPT OF AN AUDIT REPORT. UT EXT DISCLOSED THE VIOLATIONS TO EPA ON MARCH 26, 2008. ALL OF THE CAA, CWA, FIFRA AND ALL BUT ONE OF THE RCRA VIOLATIONS WERE CORRECTED WITHIN 60 DAYS OF DISCOVERY. THE REMAINING RCRA VIOLATION WAS CORRECTED WITHIN THE TIME FRAME PROVIDED BY AN EPA EXTENSION. NONE OF THE VIOLATIONS DISCOVERED ARE REPEAT VIOLATIONS. ADDITIONALLY, NONE OF THE VIOLATIONS RESULTED IN SERIOUS HARM NOR DID THEY PRESENT AN IMMINENT AND SUBSTANTIAL ENDANGERMENT. FINALLY UT ETX HAS TAKEN STEP TO PREVENT THE RECURRENCE OF THE VIOLATIONS AND HAS COOPERATED FULLY WITH EPA. IN ADDITION, UT EXT DISCLOSED POTENTIAL VIOLATIONS OF RSCA. EPA EXAMINED THESE POTENTIAL VIOLATIONS OF THE TSCA LEAD BASED PAINT DISCLOSURE RULES AND DETERMINED THAT THERE WERE NO ACTUAL VIOLATIONS. SPECIFICALLY THE UT EXT IDENTIFIED THE FAILURE TO PROVIDE LEAD BASED PAINT DISCLOSURE INFORMAITON TO SHORT TERM RENTERS OF ITS CEDAR LODGE FACILITY AS A VIOLATION OF THE LEAD-BASED PAINT DISCLOSURE RULE. EPA DETERMINED THAT THIS IS NOT A VIOLATION BECAUSE RENTALS UNDER 100 DAYS ARE EXCLUDED FROM THE DISCLOSURE REQUIREMENTS AND THE CEDAR LODGE IS NEVER RENTED FOR MORE THAN A WEEKEND.

Defendants (1)

• UNIVERSITY OF TENNESSEE EXTENSIONNamed in settlement

Facilities (5)

• UNIVERSITY OF TENNESSEE EXTENSION CUMBERLAND REGION 4-H CENTER

  62 4-H CAMP ROAD, CROSSVILLE, TN, 38555-8527

  Registry ID: 110043469902

• UNIVERSITY OF TENNESSEE EXTENSION / EASTERN REGION 4-H CENTER

  214 4-H LANE, GREENEVILLE, TN, 37743

  Registry ID: 110043469886

• UNIVERSITY OF TENNESSEE EXTENSION / CENTRAL REGION 4-H CENTER

  850 LION PARKWAY, COLUMBIA, TN, 38401-4011

  Registry ID: 110043469911

• UNIVERSITY OF TENNESSEE EXTENSION / WESTERN REGION 4-H CENTER

  205 ELLINGTON DRIVE, MILAN, TN, 38358

  Registry ID: 110043469920

• UNIVERSITY OF TENNESSEE EXTENSION / SOIL, PLANT AND PEST CENTER

  5201 MARCHANT DRIVE, NASHVILLE, TN, 37211

  Registry ID: 110043469939

Statutes cited

• CAA 608 — National Recycling & Emission Reduction Program
• CWA 301/402 — NPDES Permit Violations
• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste
• FIFRA 12A2A — Label Alter/Detach

Enforcement conclusions (1)

• UNIVERSITY OF TENNESSEE EXTENSIONentered 2010-11-30

  Primary law: FIFRA

Timeline (3 milestones)

• 2010-11-30Final Order Issued
• 2010-11-30Enforcement Action Closed
• 2011-04-22Enforcement Action Data Entered