EPA v. SOUTHERN COLLEGE OF OPTOMETRY

Case summary

9/30/10 - NOTICE OF DETERMINATION ISSUED. IN A SELF-DISCLOSURE LETTER DATED FEB 27, 2009, SOUTHERN COLLEGE OF OPTOMETRY DESCRIBED SELF-DISCLOSED VIOLATIONS OF THE CWA AND SECTION 3005 OF RCRA. REVIEW OF THE SELF-AUDIT DOES NOT SUPPORT A FINDING OF A VIOLATION OF THE CWA. THE VIOLATIONS DISCLOSED UNDER RCRA 3005 ARE SUMMARIZED BELOW: SOUTHERN COLLEGE OF OPTOMETRY IS SUBJECT TO RCRA 3005 AND IS REGISTERED AS A CONDITIONALLY-EXEMPT SMALL QUANTITY GENERATOR OF HAZ WASTE. ACCORDINGLY, IT MAY GENERATOR UP TO 100 KILOGRAMS OF HAZ WASTE IN ANY CALENDAR MONTH WITHOUT TRIGGERING REQUIREMENTS FOR THE STORAGE AND LABELING OF ACCUMULATED HAZ WASTE. THE AUDIT TEAM'S REPORT OF SOUTHERN COLLEGE OF OPTOMETRY REVEALED THE FOLLOWING: SOUTHERN COLLEGE FAILED TO PERFORM AN ADEQUATE HAZ WASTE DETERMINATION WITH RESPECT TO 5 WASTE STREAMS (INVOLVING WASTE CODES D001, D002, D009, F003, AND F005); CONTAINERS OF VARIOUS UNIVERSAL WASTES SUCH AS THERMOSTATS, LAMPS, AND BATTERIES WERE NOT PROPERLY MANAGED; AND KEY PERSONNEL LACKED ADEQUATE TRAINING IN THE PROPER MGMT OF HAZARDOUS AND/OR UNIVERSAL WASTES. THE PRIMARY RCRA VIOLATIONS CONSIST OF THE FOLLOWING: - FAILURE TO MAKE HAZ WASTE DETERMINATION, IN VIOLATION OF 40 CFR 262.11; - FAILURE TO MANAGE UNIVERSAL WASTE, IN VIOLATION OF 40 CFR PART 273; AND - FAILURE TO CONDUCT RCRA TRAINING, IN VIOLATION OF 40 CFR 262.34(d)(5). FINAL DETERMINATION: THE RCRA VIOLATIONS DISCLOSED AND THE STEPS TAKEN TO CORRECT THE VIOLATIONS AND PREVENT THEIR RECURRENCE MEET THE CONDITIONS OF THE AUDIT POLICY FOR A 100 PERCENT REDUCTION OF THE GRAVITY-BASED PENALTIES. IN ADDITION, FOR PURPOSES OF THIS SELF-DISCLOSURE, EPA WILL NOT SEEK THE ECONOMIC BENEFIT PORTION OF THE PENALTY.

Defendants (1)

• SOUTHERN COLLEGE OF OPTOMETRYNamed in settlement

Facilities (1)

• SOUTHERN COLLEGE OF OPTOMETRY

  1245 MADISON AVENUE, MEMPHIS, TN, 38104

  Registry ID: 110026327641

Statutes cited

• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste
• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste

Enforcement conclusions (1)

• SOUTHERN COLLEGE OF OPTOMETRYentered 2010-09-30

  Primary law: RCRA

Timeline (3 milestones)

• 2010-09-30Final Order Issued
• 2010-09-30Enforcement Action Closed
• 2010-10-01Enforcement Action Data Entered