EPA v. NORTH CAROLINA CENTRAL UNIVERSITY

Case summary

7/26/09 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $77,364, DUE IN 4 INSTALLMENT PAYMENTS OF $19,771.85, EACH AT SIX MONTH INTERVALS. THE FIRST PAYMENT IS DUE WITHIN 30 DAYS. THE SECOND PAYMENT IS DUE WITHIN 210 DAYS. THE THIRD PAYMENT IS DUE WITH 390 DAYS. THE FOURTH AND FINAL PAYMENT IS DUE WITHIN 570 DAYS. ALLEGATIONS: AT THE TIME OF THE JULY 30, 2008 COMPLIANCE EVALUTION INSPECTION (CEI), RESPONDENT WAS STORING AT LEAST 30 CONTAINERS OF HAZ WASTE IN THE WASTE STORAGE BUILDING FOR LONGER THAN 90 DAYS. THE CONTAINERS RANGED IN SIZE FROM 1 LITER TO 5 GALLONS AND HAD BEEN STORED BETWEEN 227 DAYS AND 343 DAYS BEYOND THE 90-DAY PERIOD. RESPONDENT DOES NOT HAVE INTERIM STATUS FOR A PERMIT FOR STORAGE BEYOND THE 90-DAY LIMIT. AT THE TIME OF THE INSPECTION, 4 UNLABELLED 5-GALLON CONTAINERS OF USED MINERAL SPIRITS IN THE WASTE STORAGE BLDG AND ONE UNLABELED 5-GALLON CONTAINER OF WASTE METHANOL IN THE SCIENCE BLDG LAB #3119 WERE NOT LABELED WITH THE WORDS HAZARDOUS WASTE. SEVERAL CONTAINERS OF WASTE BEING STORED IN THE WASTE STORAGE BUILDING HAD NOT BEEN SUBJECT TO A WASTE DETERMINATION. THESE CONTAINERS INCLUDED WASTES FROM THE BIOLOGY BLDG CLEAN-OUT THAT HAD OCCURRED IN MAY 2008, WASTE BIOLOGICAL SAMPLES, WASTES THAT WERE BEING STORED IN BIN #2 OF THE WASTE STORAGE BLDG, AND TWO CONTAINERS OF OLD WEEK KILLER LABELED, PRIMO. AFTER THE CEI, NCCU CONDUCTED WASTE DETERMINATIONS ON THE ABOVE WASTE STREAMS AND DETERINED THAT CERTAIN WASTES FROM THE BIOLOGY BLDG CLEAN-OUT AND THE WASTES THAT WERE BEING STORED IN BIN #2 OF THE WASTE STORAGE BLDG WERE HAZ WASTES. SEVERAL CONTAINERS OF HAZ WASTE, INCLUDING BUT NOT LIMITED TO ONE CONTAINER OF WASTE PICRIC ACID LOCATED UNER THE HOOD IN THE BBRI LABORATORY ROOM #121 AND ONE 5-GALLON CONTAINER OF WASTE METHANOL IN THE SCIENCE BLDG LAB ROOM #3119 DID NOT HAVE ACCUMULATION START DATES. ONE 4-LITRE CONTAINER OF HAZ WASTE BEING MANAGED IN A SATELLITE ACCUMULATION AREA AT THE SCIENCE BLDG LAB #3159 WAS UNLABELLED AND OPEN. RESPONDENT WAS STORING THREE 55-GALLON CONTAINERS OF USED OIL OUTSIDE THE FACILITIES MAINTENANCE BLDG. TEH CONTAINERS OF USED OIL WERE NOT LABELED WITH THE WORDS, USED OIL.

Defendants (1)

• NORTH CAROLINA CENTRAL UNIVERSITYNamed in complaintNamed in settlement

Facilities (1)

• NORTH CAROLINA CENTRAL UNIVERSITY

  1801 FAYETTEVILLE STREET, DURHAM, NC, 27707-3129

  Registry ID: 110000847709

Statutes cited

• RCRA 3014 — Restrictions on Recycled Oil
• RCRA 3004 — Hazardous Waste Treatment, Storage, and Disposal Standards
• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste
• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste

Enforcement conclusions (1)

• NORTH CAROLINA CENTRAL UNIVERSITYentered 2009-07-29

  Primary law: RCRA

  Federal penalty: $77,364

Timeline (3 milestones)

• 2009-07-29Final Order Issued
• 2009-07-29Complaint Filed/Proposed Order
• 2009-08-03Enforcement Action Data Entered