EPA v. THE CITADEL

Case summary

8/10/20 - CONSENT AGMT ISSUED. ALLEGATIONS: ON FEB 12, 2009, EPA AND SCDHEC CONDUCTED A RCRA COMPLIANCE EVALUATION INSPECTION (CEI). AT THE TIME OF THE CEI: RESPONDENT WAS STORING HAZ WASTE IN CONTAINERS THAT WERE NOT LABELED WITH THE WORDS HAZARDOUS WASTE-FEDERAL LAW PROHIBITS IMPROPER DISPOSAL OR W/THE EPA HAZ WASTE NUMBER. EPA ALLEGES RESPONDENT VIOLATED RCRA SEC 3005 AND S.C. CODE ANN. 44-56-30, FOR STORING HAZ WASTE W/OUT A PERMIT OR INTERIM STATUS, BECAUSE RESPONDENT FAILED TO MEET THE 40 CFR 262.34(a)(3) AND S.C. CODE ANN. REGS 61.79.265.173(c) CONDITIONS OF THE 40 CFR 262.34(d) PERMIT EXEMPTION. RESPONDENT WAS STORING HAZ WASTE IN 6 CONTAINERS NOT LABELED W/THE BEGINNING DATE OF ACCUMULATION. EPA ALLEGES THAT RESPONDENT VIOLATED RCRA SEC 3005 AND S.C. CODE ANN. 44-56-30, FOR STORING HAZ WASTE W/OUT A PERMIT OR INTERIM STATUS, BECAUSE RESPONDENT FAILED TO MEET THE 40 CFR 262.34(a)(2) AND S.C. CODE ANN. REGS. 61.79.262.34(a)(2) CONDITION OF THE 40 CFR 262.34(d) PERMIT EXEMPTION. RESPONDENT WAS STORING ONE CONTAINER OF HAZ WASTE IN A SATELLITE ACCUMULATION AREA THAT WAS NOT LABELED WITH THE WORDS HAZ WASTE OR OTHER WORDS THAT IDENTIFIED THE CONTENTS OF THE CONTAINERS. EPA ALLEGES THAT RESPONDENT HAS VIOLATED RCRA SEC 3005 AND S.C. CODE ANN. 44-56-30 FOR STORING HAZ WASTE W/OUT A PERMIT OR INTERIM STATUS, BECAUSE RESPONDENT FAILED TO MEET THE 40 CFR 262.34(c)(1)(ii) AND S.C. CODE ANN. REGS 61-79.262.34(c)(1)(ii) CONDITION OF THE 40 CFR 262.34(d) PERMIT EXEMPTION. RESPONDENT FAILED TO FILE A NEW NOTIFICATION OF HAZ WASTE ACTIVITY TO SCDHEC WHEN THE INFO FROM THE PREVIOUSLY PROVIDED NOTIFICATION BECAME OUTDATED OR INACCURATE. ALSO RESPONDENT FAILED TO SEND ANNUAL NOTIFICATIONS FROM 1994 THRU 2009. EPA ALLEGES RESPONDENT VIOLATED S.C. CODE ANN REGS 67-79.262.13(d) AND 61-79.262.44(b). RESPONDENT FAILED TO FILE AN EXCEPTION REPORT FOR 4 MANIFESTS WITHIN 60 DAYS OF OFFERING WASTE TO THE INITIAL TRANSPORTER. EPA ALLEGES RESPONDENT VIOLATED 40 CFR 262.42(b) AND SC CODE ANN. REGS 61-79.262.42(b) AND 61-79.262.44(c). RESPONDENT HAD BEEN STORING HAZ WASTE IN BYRD HALL AND NEAR THE MOTOR POOL FOR GREATER THAN 180 DAYS (APPROX 561 DAYS). AS A RESULT, PURSUANT TO 40 CFR 262.34(f) AND SC CODE ANN. REGS. 61-79.262.34(f), RESPONDENT IS AN OPERATOR OF A STORAGE FACILITY AND SUBJECT TO THE PERMIT REQUIREMENTS OF 40 CFR PART 270. EPA ALLEGES RESPONDENT VIOLATED RCRA 3005 AND SC CODE ANN. 44-56-30 BECAUSE RESPONDENT FAILED TO COMPLY WITH 40 CFR PART 270 AND BY OPERATING A STORAGE FACILITY W/OUT HAVING INTERIM STATUS OR A PERMIT. RESPONDENT HAD NOT CONDUCTED TRAINING FOR ALL PERSONNEL TO ENSURE THAT THEY WERE THOROUGHLY FAMILIAR WITH PROPER WASTE HANDLING AND EMERGENCY PROCEDURES RELEVANT TO THEIR RESPONSIBILITIES DURING NORMAL FACILITY OPERATION AND EMERGENCIES. EPA ALLEGES THAT RESPONDENT HAS VIOLATED RCRA SEC 3005 AND S.C. CODE ANN. 44-56-30, FOR STORING HAZ WASTE W/OUT A PERMIT OR INTERIM STATUS, BECAUSE RESPONDENT FAILED TO MEET THE 40 CFR 262.34(d)(5)(iii) AND SC CODE ANN. REGS 61-79.262.(d)(5)(iii) CONDITION OF THE 40 CFR 262.34(d) PERMIT EXEMPTION. RESPONDENT WAS NOT CONDUCTING INSPECTIONS ON THE FIRST FLOOR OF BYRD HALL AND UNDERNEATH THE COVERED AREA NEAR THE MOTOR POOL. EPA ALLEGES THAT RESPONDENT VIOLATED RCRA SEC 3005 AND S.C. CODE ANN. 44-56-30 FOR STORING HAZ WASTE W/OUT A PERMIT OR INTERIM STATUS, BECAUSE RESPONDENT FAILED TO MEET THE 40 CFR 265.174 AND SC CODE ANN REGS 61-79.265.174 CONDITION OF THE 40 CFR 262.34(d) PERMIT EXEMPTION. RESPONDENT WAS STORING UNIVERSAL WASTE (FLUORESCENT LIGHT BULBS) IN OPEN CONTAINERS. EPA ALLEGES THAT RESPONDENT HAS VIOLATED 40 CFR 273.13(d)(1) AND SC CODE ANN. REGS 61-79.273.13(d)(1). See Sensitive Comments for Remaining Violations

Defendants (1)

• CITADEL, THENamed in complaintNamed in settlement

Facilities (1)

• CITADEL-PHYSICAL PLANT

  171 MOULTRIE STREET, CHARLESTON, SC, 29409-0001

  Registry ID: 110007215067

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)

• THE CITADELentered 2010-08-10

  Primary law: RCRA

  Federal penalty: $41,000

Timeline (4 milestones)

• 2010-08-10Final Order Issued
• 2010-08-10Complaint Filed/Proposed Order
• 2010-08-24Enforcement Action Closed
• 2010-08-24Enforcement Action Data Entered