EPA v. MEDICAL UNIVERSITY OF SOUTH CAROLINA (MUSC)

Case summary

8/27/13 - CONSENT AGMT ISSUED, ASSESSING A PENALTY OF $39,600, DUE WITHIN 30 DAYS. ALLEGATIONS: RESPONDENT IS A STATE UNIVERSITY WITH A MEDICAL CENTER AND SIX COLLEGES FOR THE EDUCATION OF A BROAD RANGE OF HEALTH PROFESSIONALS, BIOMEDICAL SCIENTISTS, AND OTHER HEALTH RELATED PERSONNEL. RESPONDENT GENERATES HAZARDOUS WASTE AS A RESULT OF LABORATORY OPERATIONS AND FACILITY MAINTENANCE. RESONDENT IS A LQG OF HAZ WASTE. ON MAY 1, 2012, INSPECTORS FROM EPA AND THE SCDHEC CONDUCTED A RCRA COMPLIANCE EVALUATION INSPECTION (CEI) OF RHE RESPONDENT'S FACILITY. AT THAT TIME, SEVERAL VIOLATIONS OF RCRA WERE OBSERVED. WITHIN A WEEK OF THE CEI, RESPONDENT CORRECTED ALL OF THE VIOLATIONS. THE FINDINGS OF THE CEI WERE DOCUMENTED IN THE EPA RCRA CEI REPORT, DATED NOV 6, 2012, AND SCDHEC CEI REPORT, DATED DEC 11, 2012. DURING THE CEI, THE INSPECTORS OBSERVED THE RESPONDENT FAILED TO CONDUCT WASTE DETERMINATIONS ON THE FOLLOWING SOLID WASTES, WHICH WERE LATER DETERMINED TO BE HAZARDOUS WASTES: - THE CONTENTS OF ONE 4-LITER CONTAINER CONNECTED TO A HIGH PERFORMANCE LIQUID CHROMATOGRAPH (HPLC) MACHINE LOCATED IN THE NEW DRUG DISCOVERY BLDG LAB ROOM #421. ON MAY 3, 2012, RESPONDENT PROVIDED EPA WITH DOCUMENTATION THAT THIS WASTE WAS DETERMINED TO BE A 50/50 MIXTURE OF WASTE AND METHANOL AND WATER. - THE CONTENTS OF ONE 1-GAL CONTAINER LOCATED IN THE NEW DRUG DISCOVERY BLDG LAB ROOM #422. ON MAY 3, 2012, RESPONDENT PROVIDED EPA WIHT DOCUMENTATION THAT THIS WASTE WAS A MIXTURE OF WASTE HEXANE AND ACETONE. - THE CONTENTS OF ONE 5-GAL CONTAINER LOCATED IN THE NEW DRUG DISCOVERY BLDG LAB ROOM #427. ON MAY 3, 2012, RESPONDENT PROVIDED EPA WITH DOCUMENTATION THAT THIS WASTE WAS A 50/50 MIXTURE OF WASTE ACETONITRILE AND WATER. EPA THEREFORE ALLEGES THAT RESPONDENT VIOLATED S.C. CODE ANN. REGS. 61-79.262.11 (40 CFR 262.11) BY FAILING TO MAKE A HAZ WASTE DETERMINATION ON 3 SOLID WASTES GENERATED AT ITS FACILITY. DURING THE CEI, THE INSPECTORS OBSERVED THAT THE RESPONDENT FAILED TO MARK THE FOLLOWING CONTAINERS WITH THE WORDS HAZARDOUS WASTE OR WITH OTHER WORDS THAT PROPERLY IDENTIFIED THE CONTENTS OF THE CONTAINERS CONTAINING HAZ WASTE: A. ONE 15-GAL CONTAINER OF BROKEN FLUORESCENT LAMPS LOCATED IN THE BASIC SCIENCE BLDG - MAINTENANCE/UNIVERSAL WASTE STORAGE AREA. B. TWO 1-GAL CONTAINERS OF WASTE ETHYL ALCOHOL, A HAZ WASTE, LOCATED IN THE BASIC SCIENCE BLDG LAB ROOM #404. C. ONE 4-LITER CONTAINER OF A 50/50 MIXTURE OF WASTE METHANOL AND WATER LOCATED IN THE NEW DRUG DISCOVERY BLDG LAB ROOM #421. D. ONE 1-GAL CONTAINER OF WASTE HEXANE AND ACETONE LOCATED IN THE NEW DRUG DISCOVERY BLDG LAB ROOM #422. E. ONE 5-GAL CONTAINER OF A 50/50 MIXTURE OF WASTE ACETONITRILE AND WATER LOCATED IN THE NEW DRUG DISCOVERY BLDG LAB ROOM #427. EPA THEREFORE ALLEGES RESPONDENT VIOLATED SECTION 44-56-60 OF SC CODE OF LAW (RCRA 3005) BY STORING HAZ WASTE W/OUT PERMIT OR INTERIM STATUS, BECAUSE RESPONDENT FAILED TO MEET A CONDITION OF THE SAA PERMIT EXEMPTION BY NOT COMPLYING WITH S.C. CODE ANN REGS. 61-79.262.34(c)(1)(ii) (40 CFR 262.34(c)(1)(ii). SEE SENSITIVE COMMENTS FOR MORE.

Defendants (1)

• MEDICAL UNIVERSITY OF SOUTH CAROLINA (MUSC)Named in complaintNamed in settlement

Facilities (1)

• MEDICAL UNIVERSITY OF SOUTH CAROLINA (MUSC)

  171 ASHLEY AVE, CHARLESTON, SC, 29425

  Registry ID: 110000618797

Statutes cited

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

Enforcement conclusions (1)

• MEDICAL UNIVERSITY OF SOUTH CAROLINA (MUSC)entered 2013-08-27

  Primary law: RCRA

  Federal penalty: $39,600

Timeline (4 milestones)

• 2013-08-27Final Order Issued
• 2013-08-27Complaint Filed/Proposed Order
• 2013-09-21Enforcement Action Data Entered
• 2013-09-23Enforcement Action Closed