EPA v. MARION MILITARY INSTITUTE

Case summary

1/29/10 - NOTICE OF DETERMINATION ISSUED. IN A JUNE 23, 2008, LETTER TO EPA, MARION MILITARY INSTITUTE (MMI) DISCLOSED VIOLATIONS OF THE CWA, TSCA, AND RCRA. ALL VIOLATIONS WERE CORRECTED FROM AUGUST 2008 THRU APRIL 2009. LIST OF VIOLATIONS: TSCA PCB VIOLATIONS: 1. MMI FAILED TO REGISTER 38 PCB TRANSFORMERS WITH EPA AS REQUIRED BY 40 CFR 761.30(a)(1)(vi); 2. MMI FAILED TO MARK ALL THE PCB TRANSFORMERS LOCATED AT 6 SEPARATE AREAS ITH THE MI MARK AS REQUIRED BY 40 CFR 761.40(a)(2); 3. MMI FAILED TO INSPECT THE PCB TRANSFORMERS LOCATED AT 6 AREAS WHERE PCB TRANSFORMERS WERE IN USE AS REQUIRED BY CFR 761.30(a)(1)(ix); 4. MMI FAILED TO MAINTAIN ANNUAL RECORDS AND A WRITTEN ANNUAL DOCUMENT LOG AS REQUIRED IN 40 CFR 761.180(a); 5. MMI FAILED TO PROPERLY DISPOSE OF PCB LIQUID AS REQUIRED IN 40 CFR 761.60(a) BY FAILING TO CLEAN UP THE LEAK OF PCB LIQUID WITHIN 48 HOURS OF EACH OF THE PCB TRANSFORMERS. TSCA ASBESTOS VIOLATIONS: 1. FAILED TO COMPLY WITH 40 CFR 763.85 WHICH REQUIRES INSPECTION AND RE-INSPECTION FOR EACH SCHOOL BUILDING IDENTIFIED BELOW AND FAILED TO IDENITFY FRIABLE AND NON-FRIABLE ASBESTOS-CONTAINING BUILDING MATERIAL: ADMINISTRATING BUILDING, BASEMENT; ADMINISTRATING BUILDING, WEST END BOILER ROOM; TRUSTEE'S HALL BOILER ROOM; TRUSTEE'S HALL FLOOR; WILKERSON HALL; WILKERSON HALL BOILER ROOM; WILKERSON HALL FLOORS; CHAPEL CENTRAL BASEMENT AND CRAWL SPACE; CHAPEL BASEMENTS AND ADJOINING WINGS; BOILER ROOM EAST END OF QOUNSET BUILDING; LOVELACE HALL BOILER ROOM AND CRAWL SPACE; CHEMISTRY BUILDING; CHEMISTRY BUILDING MECHANICAL ROOM BASEMENT; CHEMISTRY BUILDING CRAWL SPACE; BAER MEMORIAL LIBRARY - THE FLOORS ON ALL LEVELS; BAER MEMORIAL LIBRARY ATTIC; BAER MEMORIAL BASEMENT MECHANICAL ROOM; JOHNSON HALL; BOOKSTORE BASEMENT; RENTAL HOUSE BASEMENT; RENTAL HOUSE MAIN FLOOR; SOUTH BARRACKS KITCHEN; SOUTH BARRACKS BOILER ROOM; MURFEE HALL. RCRA VIOLATIONS: 1. FAILURE TO PROPERLY STORE UNIVERSAL WASTES PRIOR TO DISPOSAL AS REQUIRED BY 40 CFR 273.13(d)(1) AND 40 CFR 273.14(3)-R-1 CWA VIOLATIONS: 1. FAILURE TO COMPLY THE STORM WATER OVERFLOW REGULATIONS AS REQUIRED BY CWA 301, 309, AND 402.

Defendants (1)

• MARION MILITARY INSTITUTENamed in settlement

Facilities (2)

• MARION MILITARY INSTITUTE

  1101 WASHINGTON ST, MARION, AL, 36756

  Registry ID: 110026931088

• MARION MILITARY INSTITUTE

  1101 WASHINGTON ST, MARION, AL, 36756

  Registry ID: 110026931088

Statutes cited

• RCRA 3004 — Hazardous Waste Treatment, Storage, and Disposal Standards
• CWA 301/402 — NPDES Permit Violations
• TSCA 203 — EPA Regulations - Asbestos in Schools
• TSCA 6-PCBS — PCBS

Enforcement conclusions (1)

• MARION MILITARY INSTITUTEentered 2010-01-29

  Primary law: TSCA

Timeline (3 milestones)

• 2010-01-29Enforcement Action Closed
• 2010-01-29Final Order Issued
• 2010-02-16Enforcement Action Data Entered