EPA v. NORTH CAROLINA STATE UNIVERSITY

Case summary

SEPTEMBER 28, 2021 - CONSENT AGREEMENT AND FINAL ORDER ISSUED: (CEI) at Respondent?s Facility. The EPA?s findings from the CEI were documented in a report emailed to the Respondent on April 14, 2021. EPA inspector observed containers which were not labeled with the words ?unwanted material? or another equally effective term that is to be used consistently by the eligible academic entity and that is identified in Part I of the Laboratory Management Plan in Rooms of the Biltmore Building. EPA inspector observed containers which were not labeled with sufficient information to alert emergency responders to the contents of the containers in Rooms of the Polk Building, Rooms of the Robertson Wing in the Biltmore Building and Rooms of the Biltmore Building. EPA inspector observed containers which did not have the date that the unwanted material first began accumulating associated with the containers in Rooms of the Varsity Research Building, Rooms of the Polk Building, Rooms of the Robertson Wing in the Biltmore Building and Rooms of the Biltmore Building. EPA inspector observed containers which did not have sufficient information attached or affixed to it to allow a trained professional to properly identify whether the waste was solid and hazardous waste of the Varsity Research Building, Rooms of the Polk Building, Rooms of the Robertson Wing in the Biltmore Building and Rooms of the Biltmore Building. EPA inspector observed containers which had been stored over 12 months in Rooms of the Varsity Research Building, Rooms of the Polk Building, Rooms in the Robertson Wing of the Biltmore Building and Rooms 2226 and 3218B of the Biltmore Building. EPA inspector observed a damaged container of unwanted material in Room of the Polk Building which was not replaced, overpacked, or repaired. EPA inspector observed open containers in Room 3101 in the Robertson Wing of the Biltmore Building and Room of the Biltmore Building. EPA inspector observed universal waste lamps which were not managed in a way that prevents releases of universal waste or components of a universal waste in Rooms of the Polk Building. Specifically, the lamps were not found in a closed container adequate to prevent breakage and compatible with the contents of the lamps. EPA inspector observed universal waste lamps which were not labeled or marked with one of the following phrases: ?Universal Waste-Lamp(s),or Waste Lamp(s), or Used Lamps in Room of the Polk Building the EPA inspector observed universal waste lamps which the Respondent could not demonstrate had been accumulating for less than one year in a Room of the Polk Building. EPA inspector observed containers of used oil that were not labeled or marked clearly with the words Used Oil in a Room of the Polk Building and Rooms 1218 and 3233 of the Biltmore Building. EPA inspector observed the inspection records for the Waste Management Facility did not include the time of each inspection, the inspector name or the signature of the employee conducting the inspection.

Defendants (1)

• NORTH CAROLINA STATE UNIVERSITYNamed in complaintNamed in settlement

Facilities (1)

• NCSU CENTENNIAL CAMPUS

  1009 CAPABILITY DR, RALEIGH, NC, 27606

  Registry ID: 110015594310

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)

• NORTH CAROLINA STATE UNIVERSITYentered 2021-09-28

  Primary law: RCRA

  Federal penalty: $30,000

Timeline (4 milestones)

• 2021-09-28Final Order Issued
• 2021-09-28Complaint Filed/Proposed Order
• 2021-09-29Enforcement Action Data Entered
• 2021-10-20Enforcement Action Closed