EPA v. FEDERAL CORRECTIONAL INSTITUTION EDGEFIELD

Case summary

2/20/14 - NOTICE OF DETERMINATION ISSUED. IN AN APR 2, 2010 LETTER TO EPA, THE FCI EDGEFIELD DISCLOSED VIOLATIONS OF THE CWA AND RCRA. ALL VIOLATIONS WERE CORRECTED BY APRIL 28, 2010. VIOLATION 1: FCI EDGEFIELD FAILED TO AMEND AND UPDATE THE SPCC PLAN MAINTAINED AT ITS FACILITY AS REQUIRED UNDER 40 CFR 112.5 AND IN ACCORDANCE WITH SECTION 311(j) OF THE CWA. BY APR 28, 2010, THE SPCC PLAN WAS AMENDED TO INCLUDE ALL REQUIRED ELEMENTS AND TO REFLECT THE ACTUAL STORAGE CONTAINERS AND CONDITIONS AT THE FACILITY. VIOLATION 2: FCI EDGEFIELD, AS A PERSON THAT GENERATES A SOLID WASTE, VIOLATED RCRA BY FAILED TO DETERMINE IF THAT SOLID WASTE WAS A HAZARDOUS WASTE AS SET FORTH IN 40 CFR 262.11. BY APR 23, 2010, FCI EDGEFIELD HAD DEVELOPED A HAZARDOUS WASTE GENERATOR LOG TO RECORD WHEN IT GENERATES PHARMACEUTICAL HAZARDOUS WASTE. VIOLATION 3: FCI EDGEFIELD FAILED TO TO CLEARLY MARK UPON EACH CONTAINER OF HAZARDOUS WASTE THE DATE ITS PERIOD OF ACCUMULATION BEGAN AND TO MAKE THE DATE VISIBLE FOR INSPECTION AS SET FORTH IN 40 CFR 262.34(a)(2) AND THUS VIOLATED RCRA BY HAVING FAILED TO ACHIEVE A NECESSARY CONDITION UNDER 40 CFR 262.34(d)(4) FOR EXEMPTION FROM THE REQUIREMENT TO OBTAIN A PERMIT OR INTERIM STATUS. THE LOG DEVELOPED BY FCI EDGEFIELD ALLOWS ACCUMULATION DATES TO BE ASCERTAINED AND MARKED ON CONTAINERS OF PHARMACEUTICAL HAZARDOUS WASTE WHEN GENERATED. FCI EDGEFIELD ALSO DISCLOSED A POTENTIAL VIOLATION OF FIFRA THAT EPA FOUND NOT TO BE A VIOLATION OF FEDERAL LAW AND THEREFORE WAS NOT REVIEWED UNDER THE AUDIT POLICY.

Defendants (1)

• FEDERAL CORRECTIONAL INSTITUTION EDGEFIELDNamed in settlement

Facilities (1)

• FEDERAL CORRECTIONAL INSTITUTION

  501 GARY HILL ROAD, EDGEFIELD, SC, 29824

  Registry ID: 110002239872

Statutes cited

• CWA 311J — SPCC and/or Federal Response Plan Violations
• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste

Enforcement conclusions (1)

• FEDERAL CORRECTIONAL INSTITUTION EDGEFIELDentered 2014-02-20

  Primary law: RCRA

Timeline (3 milestones)

• 2014-02-20Enforcement Action Closed
• 2014-02-20Final Order Issued
• 2014-03-06Enforcement Action Data Entered