EPA v. CUMBERLAND UNIVERSITY

Case summary

3/18/10 - NOTICE OF DETERMINATION ISSUED. IN A LETTER TO EPA, CUMBERLAND UNIVERSITY DISCLOSED VIOLATIONS OF THE CAA, CWA, RCRA, AND TSCA. ON FEB 5, 2009, CUMBERLAND UNIVERSITY SUBMITTED A FINAL COMPLIANCE REPORT, WHICH CONTAINED ADD'L INFO, INCLUDING THE CORRECTIVE ACTIONS TAKEN TO BRING THE UNIVERSITY BACK INTO COMPLIANCE. IN THIS REPORT, THE UNIVERSITY DISCLOSED THE FOLLOWING VIOLATIONS: CWA: 1. 40 CFR 403.5, DISCHARGE TO PUBLICLY OWNED TREATMENT WORKS WITHOUT A PERMIT (2 VIOLATIONS, MEMORIAL HALL; 1 VIOLATION, LAWLOR HOUSE). RCRA: 2. 40 CFR 262.11, FAILURE TO CONDUCT HAZ WASTE DETERMINATION (1 VIOLATION, CAMPUS WIDE; 6 VIOLATIONS, MEMORIAL HALL; 3 VIOLATIONS, LAWLOR HOUSE). 3. 40 CFR 273.16, FAILURE TO TRAIN EMPLOYEES IN THE HANDLING OF UNIVERSAL WASTE (1 VIOLATION, CAMPUS WIDE). 4. 40 CFR 273.13, FAILURE TO HANDLE UNIVERSAL WASTE IN A WAY THAT PREVENTS RELEASES OF HAZ WASTE AND/OR HAZ COMPONENTS INTO THE ENVIRONMENT (1 VIOLATION, EDWARD POTTER HALL; 1 VIOLATION, JUSTIN POTTER HALL). 5. 40 CFR 273.15, STORAGE OF UNIVERSAL WASTE GREATER THAN 1 YEAR (1 VIOLATION, EDWARD POTTER HALL; 1 VIOLATION JUSTIN POTTER HALL). 6. 40 CFR 279.22, FAILURE TO LABEL OR MARK CONTAINERS USED TO STORE USED OIL WITH THE WORDS, USED OIL (1 VIOLATION, MITCHELL STUDENT CENTER; 2 VIOLATIONS, MEMORIAL HALL). TCSA: 7. 40 CFR 745.107, FAILURE TO PROVIDE LESSES WITH AVAILABLE RECORDS AND REPORTS PERTAINING TO LEAD-BASED PAINT AND/OR LEAD-BASED PAINT HAZARDS FOR TARGET HOUSING (3 RENTAL PROPERTIES WHICH INCLUDES 4 APARTMENTS). IN ADDITION, EPA HAS DETERMINED THAT THE CAA VIOLATION OF 40 CFR 70.5, FAILURE TO CALCULATE AIR EMISSIONS FROM BOILERS TO DETERMINE TITLE V APPLICABILITY, WAS NOT A VIOLATION. THEREFOR, THIS SELF-DISCLOSED VIOLATION IS NOT COVERED BY THIS NOD.

Defendants (1)

• CUMBERLAND UNIVERSITYNamed in settlement

Facilities (1)

• CUMBERLAND UNIVERSITY

  ONE CUMBERLAND SQUARE, LEBANON, TN, 37087

  Registry ID: 110026174654

Statutes cited

• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste
• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste
• TSCA 409 — Lead: Violation of Section 1018
• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• CUMBERLAND UNIVERSITYentered 2010-03-18

  Primary law: CWA

Timeline (3 milestones)

• 2010-03-18Final Order Issued
• 2010-03-18Enforcement Action Closed
• 2010-04-05Enforcement Action Data Entered