EPA v. UNIVERSITY OF ALABAMA

Case summary

9/30/10 - NOTICE OF DETERMINATION ISSUED. BY WAY OF AN AGREEMENT WITH EPA, THE UNIVERSITY OF ALABAMA DISCLOSED ITS VIOLATIONS THRU MONTHLY PROGRESS REPORTS AS THE VIOLATIONS WERE DISCOVERED. EACH OF THE VIOLATIONS WERE DISCLOSED IN THE MONTH THEY WERE DISCOVERED AND IN ALL INSTANCES WITHIN 21 DAYS OF DISCOVERY. THE VIOLATIONS OF THE CWA WERE DISCOVERED ON SEPT 6, 2007 AND JUNE 6, 2008, AND WERE DISCLOSED ON SEPT 14, 2007 AND JUNE 20, 2008, RESPECTIVELY. THE RCRA VIOLATIONS WERE DISCOVERED ON JUNE 6, 2008 AND JULY 16, 2008, AND WERE DISCLOSED ON JUNE 20, 2008 AND JULY 23, 2008 RESPECTIVELY. IN MANY INSTANCES THE VIOLATIONS WERE CORRECTED ON THE DAY THEY WERE DISCOVERED, WITH 13 DAYS BEING THE LONGEST PERIOD OF TIME FROM THE DISCOVERY OF A VIOLATION TO ITS CORRECTION. 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, THE UNIVERSITY HAS TAKEN STEPS TO PREVENT THE RECURRENCE OF THE VIOLATIONS AND HAS COOPERATED FULLY WITH EPA. IN ADDITION TO THE AFOREMENTIONED VIOLATION, THE UNIVERSITY DISCLOSED POTENTIAL VIOLATIONS OF FIFRA. EPA EXAMINED THESE POTENTIAL VIOLATIONS OF THE REQUIREMENT TO POST EMERGENCY INFO AND DETERMINED THIS IS A STATE REQUIREMENT ONLY AND THERE THERE WERE NO ACTUAL FIFRA VIOLATIONS. FINAL DETERMINATION: BASED ON THE AUDIT POLICY AND PURSUANT TO INFO PROVIDED BY THE UNIVERSITY OF ALABAMA, EPA MAKES THE FOLLOWING FINAL DETERMINATION FOR THE DISCLOSURE: THE FACILITY MEETS THE CONDITIONS OF THE AUDIT POLICY FOR 100 PERCENT ELIMINATION OF GRAVITY-BASED PENALTIES FOR THESE VIOLATIONS. EPA WILL NOT SEEK A GRAVITY-BASED PENALTY FOR THESE VIOLATIONS. IN ADDITION, FOR PURPOSES OF THIS DISCLOSURE, EPA WILL NOT SEEK THE ECONOMIC BENEFIT PORTION OF THE PENALTY.

Defendants (1)

• UNIVERSITY OF ALABAMANamed in settlement

Facilities (6)

• UNIVERSITY OF ALABAMA

  370 CAMPUS DRIVE, TUSCALOOSA, AL, 354870178

  Registry ID: 110042012201

• UNIVERSITY OF ALABAMA

  370 CAMPUS DRIVE, TUSCALOOSA, AL, 354870178

  Registry ID: 110042012201

• UNIVERSITY OF ALABAMA

  370 CAMPUS DRIVE, TUSCALOOSA, AL, 354870178

  Registry ID: 110042012201

• UNIVERSITY OF ALABAMA

  370 CAMPUS DRIVE, TUSCALOOSA, AL, 354870178

  Registry ID: 110042012201

• UNIVERSITY OF ALABAMA

  370 CAMPUS DRIVE, TUSCALOOSA, AL, 354870178

  Registry ID: 110042012201

• UNIVERSITY OF ALABAMA

  370 CAMPUS DRIVE, TUSCALOOSA, AL, 354870178

  Registry ID: 110042012201

Statutes cited

• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste
• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• UNIVERSITY OF ALABAMAentered 2010-09-30

  Primary law: CWA

Timeline (3 milestones)

• 2010-09-30Enforcement Action Closed
• 2010-09-30Final Order Issued
• 2010-10-02Enforcement Action Data Entered