EPA v. LYNN UNIVERSITY

Case summary

7/29/09 - NOTICE OF DETERMINATION ISSUED. IN A JULY 24, 2008 LTR TO EPA, LYNN UNIVERSITY DISCLOSED VIOLATIONS OF EPCRA, RCRA, AND CWA. ON NOV 24, 2008, LYNN UNIVERSITY SUBMITTED A FINAL COMPLIANCE REPORT, WHICH CONTAINED ADD'L INFO, INCLUDING THE CORRECTIVE ACTIONS TAKEN. CWA - SPCC VIOLATIONS: 1. THE SPCC PLAN DID NOT INCLUDE ALL OIL STORAGE LCOATIONS (WITH QUANTITIES 55 GALLONS OR GREATER). 2. THE SPCC PLAN DID NOT INCLUDE A PHYSICAL LAYOUT AND FACILITY DIAGRAM. 3. THE MASTER FLOW, DRAIN VALVES, STARTER CONTROLS, LOADING/UNLOADING CONNECTIONS WERE NOT LOCKED OR SECURED FOR ALL STORAGE CONTAINERS. 4. ANNUAL SPCC TRAINING HAD NOT BEEN GIVEN. 5. SECONDARY CONTAINMENT WAS NOT PROVIDED IN THE MECHANICAL ROOM IN WHICH AN 80-GALLON HYDRAULIC RESERVOIR FOR AN ELEVATOR WAS LOCATED AT THE MAINTENANCE BUILDING, BUILDING NO. 20. 6. SECONDARY CONTAINMENT WAS NOT PROVIDED IN THE MECHANICAL ROOM IN WHICH A 55-GALLON HYDRAULIC RESERVOIR FOR AN ELEVATOR WAS LOCATED AT THE RONALD & KATHLEEN ASSAF ACADEMIC CENTER, BLDG NO. 2. 7. AN ACTIVE LEAK AT THE ELEVATOR EQUIPMENT ROOM IN TRINITY HALL, BLDG NO. 11 WAS NOT PROMPTLY CORRECTED. 8. ONE 116-GALLON CONTAINER OF WASTE KITCHEN GREASE WAS NOT STORED IN SECONDARY CONTAINMENT, AT THE LYNN STUDENT CENTER, BLDG NO. 6. 9. ONE 55-GALLON CONTAINER OF USED OIL WAS NOT STORED IN SECONDARY CONTAINMENT OR LABELED USED OIL IN THE SHOP ROOM AT THE MAINTENANCE BLDG, BLDG NO. 20. EPCRA VIOLATIONS: 1. THE UNIVERSITY DID NOT FILE AN MSDS FOR THE HAZ CHEMICAL, DIESEL FUEL, STORED ON-SITE IN QUANTITIES OF 10,000 POUNDS OR MORE, TO THE SERC, LEPC, AND LOCAL FIRE DEPT. 2. THE UNVERSITY DID NOT PREPARE AND SUBMIT THE TIER I OR II HAZARDOUS CHEMICAL INVENTORY FORM FOR THE HAZARDOUS CHEMICAL, DIESEL FUEL, TO THE SERC, LEPC, AND LOCAL FIRE DEPT FOR REPORTING YRS 2003, 2004, 2005, 2006 AND 2007, FOR DIESEL FUEL. RCRA VIOLATIONS: 1. FAILURE TO COMPLY WITH REQUIREMENTS FOR HAZ WASTE GENERATED BY CONDITIONALLY EXEMPT SMALL QUANTITY GENERATORS (CESQG), WITH REGARD TO WASTE SOLDER FROM THE TV/RADIO PRODUCTION ROOM, AT THE EUGENE M. & CHRISTINE E. LYNN LIBRARY, BLDG NO. 1. 2. FAILURE TO COMPLY WITH CESQG REQUIREMENTS FOR OBSOLETE CHEMICALS FROM THE CLINIC AT THE EUGENE M. & CHRISTINE E. LYNN RESIDENCE HALL, BLDG NO. 16. 3. FAILURE TO COMPLY WITH CESQG REQUIREMENTS FOR WASTE PHARMACEUTICALS FROM THE SAME LOCATION AS ABOVE. 4. FAILURE TO COMPLY WITH CESQG REQUIREMENTS FOR OBSOLETE CHEMICALS FROM THE MAINTENANCE BLDG, BLDG NO 20, PAINT SHOP. 5. FAILURE TO COMPLY WITH CESQG REQUIREMENTS FOR WASTE SOLVENT BASED PAINTS FROM THE MAINTENANCE BLDG, BLDG NO. 20, PAINT SHOP. 6. FAILURE TO COMPLY WITH CESQG REQUIREMENTS FOR PAINT RAGS FROM THE MAINTENANCE BLDG, BLDG NO. 20, PAINT SHOP. 7. FROM THE MAINTENANCE BLDG, BLDG NO. 20, PAINT SHOP, FAILURE TO COMPLY WITH CESQG REQUIREMENTS FOR STAIN RAGS. 8. FAILURE TO COMPLY WITH CESQG REQUIREMENTS FOR OBSOLETE CHEMICALS FROM THE RONALD & KATHLEEN ASSAF ACADEMIC CENTER, BLDG NO. 2, ROOM 103. 9. FAILURE TO COMPLY WITH CESQG REQUIREMENTS FOR OBSOLETE CHEMICALS FROM THE RONALD & KATHLEEN ASSAF ACADEMIC CENTER, BLDG NO. 2, ROOM 212. 10. FAILURE TO COMPLY WITH CESQG REQUIREMENTS FOR USE PAINT RAGS FROM THE RONALD & KATHLEEN ASAF ACADEMIC CTR, BLDG NO 2, ROOM 212. 11. FAILURE TO COMPLY WITH CESQG REQUIREMENTS FOR WASTE SOLVENT FROM THE MAINTENANCE BLDG, BLDG NO. 20, PAINT SHOP. 12. FAILURE TO COMPLY WITH CESQG REQUIREMENTS FOR OIL-BASED WASTE OR SOLVENT-BASED PAINTS FROM THE RONALD & KATHLEEN ASAF ACADEMIC CENTER, BLDG NO 2, ROOM 212. 13. FAILURE TO COMPLY WITH CESQG REQUIREMENTS FOR WASTE MINERAL SPIRITS, TURPENTINE AND PAINT THINNER FROM THE RONALD & KATHLEEN ASAF ACADEMIC CTR, BLDG NO 2, ROOM 212. 14. FROM THE EUGENE M. AND CHRISTINE E. LYNN LIBRARY, BLDG NO 1, TV/RADIO PRODUCTION ROOM - UNIVERSAL WASTE BATTERIES, OR THE CONTAINERS IN WHICH THEY WERE STORED, WERE NOT LABELED OR CLEARLY MARKED AS UNIVERSAL WASTE BATTERIES. <CONTINUED IN SENSITIVE COMMENTS.>

Defendants (1)

• LYNN UNIVERSITYNamed in settlement

Facilities (1)

• LYNN UNIVERSITY

  3601 NO. MILITARY TRAIL, BOCA RATON, FL, 33431

  Registry ID: 110020960851

Statutes cited

• EPCRA 311 — Material Safety Data Sheets (MSDS)
• EPCRA 312 — Emergency and Hazardous Chemical Inventory Forms
• CWA 311J — SPCC and/or Federal Response Plan Violations
• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste

Enforcement conclusions (1)

• LYNN UNIVERSITYentered 2009-07-29

  Primary law: RCRA

Timeline (3 milestones)

• 2009-07-29Enforcement Action Closed
• 2009-07-29Final Order Issued
• 2009-08-04Enforcement Action Data Entered