EPA v. EAST CAROLINA UNIVERSITY

Case summary

9/1/10 - CONSENT AGMT ISSUED, ASSESSING A PENALTY OF $20,550, DUE WITHIN 30 DAYS. ALLEGATIONS: ON JUNE 3, 2009, EPA AND NCDENR CONDUCTED A RCRA COMPLIANCE EVALUATION INSPECTION (CEI) OF RESPONDENT'S FACILITY. AT THE TIME OF THE CEI, RESPONDENT FAILED TO DETERMINE IF SPENT SOLVENT CONTAMINATED RAGS WERE LISTED HAZ WASTE PURSUANT TO SUBPART D OF 40 CFR PART 261 AND 15A NC ADMIN CODE 13A.0106(d). THESE WASTE RAGS, USED IN THE AUTO SVCS DEPT, CONTAINED SPENT SOLVENTS THAT WOULD BE F-LISTED IN ADDITION TO HAVING A CHARACTERISTIC OF IGNITABILITY (D001). EPA ALLEGES RESPONDENT VIOLATED 40 CFR 262.11 AND 15A N.C. ADMIN CODE 13A.0107(a). ON JUNE 29, 2009, RESPONDENT FAILED TO LIST ALL APPLICABLE WASTE CODES FOR WASTE STREAM RQ WASTE FLAMMABLE SOLIDS, ON MANIFEST #912274, LINE #1. THIS WASTE STREAM CONSISTED OF SPENT SOLVENT RAGS FROM THE FACILITY'S AUTO SVCS DEPT AND THE MANIFEST SHOULD HAVE LISTED WASTE CODES F002, F005 AND D001. EPA ALLEGES RESPONDENT VIOLATED 40 CFR 262.20(a)(1) AND 15A N.C. ADMIN CODE 13A.0107(b). RESPONDENT FAILED TO KEEP CONTAINERS OF HAZ WASTE, WHICH WERE BEING MANAGED IN SATELLITE ACCUMULATION AREAS, CLOSED. THESE CONTAINERS INCLUDED: ONE 2-LITER CONTAINER OF IGNITABLE HAZ WASTE AND TWO 2-LITER CONTAINERS OF WASTE SOLVENT LOCATED IN THE SCIENCE AND TECHNOLOGY BLDG; AND ONE 55-GAL OF WASTE PAINT LOCATED IN THE PAINT SHOP. RESPONDENT FAILED TO LABEL THE FOLLOWING CONTAINERS WITH THE WORDS HAZARDOUS WASTE OR OTHER WORDS THAT IDENITFY THE CONTENTS OF THE CONTAINERS: A SINGLE 1-GAL CONTAINER OF WASTE ALCOHOL, A SINGLE 1-LITER CONTAINER OF WASTE ACETONE, 3 VIALS OF ALIZARIN BLUE AND ALIZARIN RED, AND 1 CONTAINER OF ALIZARIN BLUE, WHICH WERE LOCATED IN THE HOWELL SCIENCE COMPLEX; AND SEVERAL CONTAINERS OF SPENT SOLVENT CONTAMINATED RAGS, LOCATED IN THE AUTO SVCS DEPT. EPA ALLEGES RESPONDENT VIOLATED RCRA 3005 AND N.C. GEN STAT 130A-290 BY STORING HAZ WASTE W/OUT A PERMIT OR INTERIM STATUS BECAUSE RESPONDENT FAILED TO MEET THE 40 CFR 262.34(c)(1)(i), (ii) CONDITIONS OF THE 40 CFR 262.34(c) AND 15A N.C. ADMIN CODE 13A.0107(c) PERMIT EXEMPTIONS. RESPONDENT FAILED TO MARK THE FOLLOWING HAZ WASTES LOCATED IN THE LESS THAN 180-DAY HAZ WASTE STORAGE AREA, WITH AN ACCUMULATION START DATE: 2 WASTE FLARES; SEVERAL CONTAINERS OF WASTE MERCURY; A CONTAINER OF WASTE SODIUM CYANIDE; AND A CONTAINER OF WASTE TETRAMETHYL BROMIDE. RESPONDENT FAILED TO LABEL THE FOLLOWING CONTAINERS OF HAZ WASTE LOCATED IN THE LESS THAN 180-DAY STORAGE AREA, WITH THE WORDS HAZARDOUS WASTE : ONE 55-GAL CONTAINER OF WASTE GAS; TWO 55-GAL CONTAINERS OF SOLVENT CONTAMINATED RAGS; 2 WASTE FLARES; SEVERAL CONTAINERS OF WASTE MERCURY; 1 CONTAINER OF WASTE SODIUM CYANIDE; AND 1 CONTAINER OF WASTE TETRAMETHYL BROMIDE. EPA ALLEGES RESPONDENT VIOLATED RCRA 3005 AND N.C. GEN. STAT 130A-294 BY STORING HAZ WASTE W/OUT A PERMIT OR INTERIM STATUS BECAUSE RESPONDENT FAILED TO COMPLY WITH THE REQUIREMENTS OF 40 CFR 262.34(d)(4). RESPONDENT FAILED TO LABEL WASTE MERCURY-CONTAINING EQUIPMENT, STORED IN THE LESS THAN 180-DAY HAZ WASTE STORAGE AREA, WITH THE WORDS UNIVERSAL WASTE-MERCURY CONTAINING EQUIPMENT, WASTE MERCURY-CONTAINING EQUIPMENT, OR USED MERCURY-CONTAINING EQUIPMENT. EPA ALLEGES RESPONDENT VIOLATED 40 CFR 40 CFR 273.14(d)(1) AND 15A N.C. ADMIN CODE 13A.0119(b). RESPONDENT FAILED TO MARK OR LABEL UNIVERSAL WASTE MERCURY CONTAINING EQUIPMENT, STORED IN THE LESS THAN 180-DAY HAZ WASTE STORAGE AREA, WITH THE DATE IT BECAME A WASTE OR WAS RECEIVED. EPA ALLEGES RESPONDENT VIOLATED 40 CFR 273.15(c) AND 15A N.C. ADMIN CODE 13A.0119(b).

Defendants (1)

• EAST CAROLINA UNIVERSITYNamed in complaintNamed in settlement

Facilities (1)

• EAST CAROLINA UNIVERSITY - MAIN CAMPUS

  E 5TH ST, GREENVILLE, NC, 27858

  Registry ID: 110007660398

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)

• EAST CAROLINA UNIVERSITYentered 2010-09-01

  Primary law: RCRA

  Federal penalty: $20,550

Timeline (4 milestones)

• 2010-09-01Final Order Issued
• 2010-09-01Complaint Filed/Proposed Order
• 2010-09-14Enforcement Action Data Entered
• 2010-09-30Enforcement Action Closed