EPA v. NORTH CAROLINA STATE UNIVERSITY

Case summary

SEPTEMBER 12, 2024 - CONSENT AGREEMENT On February 28, 2020, the Respondent notified the NCDEQ of its status as a generator of 1,000 kilograms or more of hazardous wastes in a calendar month and is therefore classified as a Large Quantity Generator (LQG) of hazardous waste. Room 209 in the WMF. The floor of Room 209 in the WMF is not designated as a container storage area in the RCRA Permit. The EPA inspector observed used oil spilled within a secondary containment bin in Room 820 of Dabney Hall. On July 11 - 12, 2023, the EPA and the NCDEQ conducted a RCRA compliance evaluation inspection (CEI) at the Respondent?s Facility. The EPA?s findings from the CEI were documented in a report transmitted to the Respondent via email on September 28, 2023. The EPA inspector observed one 2.5-foot by 2-foot container of lead (EPA Hazardous Waste Number D008) and chloroform (EPA Hazardous Waste Number D022) in the WMF, Cell 214-O, that was not marked with an indication of hazards of the contents. The EPA inspector observed one 4-liter container of unwanted material in Dabney Hall, Room 734 that was not marked with the words ?unwanted material.? The EPA inspector observed that the following containers of unwanted material were not affixed with an accumulation start date, did not contain sufficient information to allow a trained professional to properly identify that the unwanted material containers were a solid and hazardous waste, and were not marked with proper hazardous waste codes: four 5-gallon containers of unknown unwanted material and one 1-liter container of ?Swern Ox Unwanted Material? in Dabney Hall, Room 830; two 1-liter containers of Diethyl Ether in Dabney Hall, Room 722; two 2.5-liter containers, one 4-liter container, one container with barium sulfate, one container with solid unwanted material, and one container with unknown contents in Dabney Hall, Room 708; and a bin of containers for inventory check in Dabney Hall, Room 842. The EPA inspector observed eleven 5-gallon containers of hazardous waste, and five 1-foot square boxes of hazardous waste stored on the floor along the wall of Room 209 in the WMF. The floor of Room 209 in the WMF is not designated as a container storage area in the RCRA Permit. At the time of the CEI, the EPA inspector observed used oil spilled within a secondary containment bin in Room 820 of Dabney Hall. The Respondent consents to the payment of a civil penalty, which was calculated in accordance with the Act, in the amount of TWENTY-FOUR THOUSAND TWO HUNDRED DOLLARS ($24,200.00), which is to be paid within 30 days of the Effective Date of this CAFO.

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 3004 — Hazardous Waste Treatment, Storage, and Disposal Standards
• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste

Enforcement conclusions (1)

• NORTH CAROLINA STATE UNIVERSITYentered 2024-09-12

  Primary law: RCRA

  Federal penalty: $24,200

Timeline (3 milestones)

• 2024-09-12Complaint Filed/Proposed Order
• 2024-09-12Final Order Issued
• 2024-09-20Enforcement Action Data Entered