EPA v. THE UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL

Case summary

FEBRUARY 27, 2023 - CONSENT AGREEMENT On February 24, 2022, Respondent notified the NC DEQ of its status as a LQG and treatment and storage facility of hazardous waste. On July 20 & 22, 2022 the EPA and the NC DEQ conducted a Compliance Evaluation Inspection (CEI) at the Facility. The EPA's findings of the CEI were documented in a report electronically mailed to Respondent, dated August 18, 2022. At the time of the CEI, the EPA inspector observed that the Respondent was storing hazardous waste in one 55-gallon container within Bay 3 and one 55-gallon container in its Intrinsically Safe Room, both of which are within its permitted facility, which were not dated with an accumulation start date. At the time of the CEI, the EPA determined during a review of the facility's hazardous wastes manifests dated up to July 22, 2022, that numerous shipments of incoming hazardous waste from The University of North Carolina at Chapel Hill were not being signed upon receipt by the Respondent. At the time of the CEI, the EPA observed that the Respondent was accumulating four Universal Waste batteries which were not labeled with universal waste language in Bay 9 of its permitted facility. Respondent failed to mark two containers of hazardous waste within its facility with accumulation start dates. The EPA therefore alleges Respondent violated Part VI (Land Disposal Restrictions), Section A (General Restrictions) of the RCRA Permit. This part of the RCRA Permit requires that the Permittee maintain compliance with the requirements in 15A NCAC 13A .0112(e) [40 C.F.R.? 268.50(a)(2)(i)(D)], which requires that owners and operators of treatment, storage and disposal facilities, mark each container with the date each period of accumulation begins. Respondent failed to sign hazardous waste manifests at its facility upon receipt of shipments of hazardous waste. Pursuant to Part I (Standard Conditions), Section H (Manifest System), Paragraph I of the RCRA Permit, the Permittee is required to comply with the manifest system when receiving hazardous waste from off-site in accordance with I SA NCAC 13A .0 I 09(t) [40 C.F.R.? 264.71] unless the Permittee submits an unmanifest waste report in accordance with 15A NCAC 13A .0109 [40 C.F.R. ? 264.76]. Respondent failed to label four universal waste batteries. The EPA therefore alleges that Respondent violated 15A NCAC 13A .01 l9(b) [40 C.F.R. ? 273.l4(a)], by failing to label or mark each universal waste battery or container or tank in which the batteries are contained clearly with the words?'Universal Waste - Battery(ies), or Waste Battery(ies), or Used Battery(ies).

Defendants (1)

• THE UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILLNamed in complaintNamed in settlement

Facilities (1)

• THE UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL

  488 ESTES DRIVE, CHAPEL HILL, NC, 27514

  Registry ID: 110001103001

Statutes cited

• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste

Enforcement conclusions (1)

• THE UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILLentered 2023-02-27

  Primary law: RCRA

  Federal penalty: $33,000

Timeline (4 milestones)

• 2023-02-27Final Order Issued
• 2023-02-27Complaint Filed/Proposed Order
• 2023-03-21Enforcement Action Closed
• 2023-03-27Enforcement Action Data Entered