EPA v. Western Illinois University Compliance and Final Order

Case summary

Region 5 filed a Consent Agreement and Final Order (CAFO) commencing and concluding an administrative matter under Section 3008(a) of the Resource Conservation and Recovery Act (RCRA) with Western Illinois University (WIU), a corporation doing business in Moline, Illinois. WIU generates hazardous waste in its labs that conduct chemistry and biology research and teaching. The CAFO alleges that WIU was a generator of hazardous waste that: a) had stored hazardous waste for more than 90 days; b) had stored hazardous waste in containers that were not marked with the start date of accumulation; c) had not marked or labeled containers holding hazardous waste clearly with the words ?Hazardous Waste?; d) had not tested and maintained fire protection equipment to assure its proper operation in time of an emergency; e) had not amended the contingency plan when the list of emergency coordinators changed; f) had not inspected areas where containers were stored at least weekly; and g) had not provided facility personnel with the initial required RCRA training, without applying for or obtaining a permit, in violation of Section 3005 of RCRA, 42 U.S.C. ? 6925(a) and the requirements of 35 Ill. Adm. Code ?? 703.121, 703.180, and 705.121. The CAFO further alleges that WIU failed to make a determination as to whether waste being stored in numerous containers was hazardous waste, in violation of 35 Ill. Adm. Code ? 722.111, and that WIU had not retained on-site a copy of the land disposal restriction notification for the hazardous waste sent off-site, in violation of 35 Ill. Adm. Code ? 728.107(a)(8). At multiple points during the case, EPA notified the Illinois Environmental Protection Agency, which did not object to EPA?s action. In signing the CAFO, WIU certifies that it is now in compliance with RCRA and the RCRA regulations. Pursuant to the CAFO, and in light of WIU?s demonstrated inability to pay a larger civil penalty, WIU will pay a civil penalty of $30,000. Contacts: Josh Zaharoff, ORC, (312) 886-4460; Jamie Paulin, ECAD, (312) 886-1771.

Defendants (1)

• Elizabeth DuvallNamed in complaintNamed in settlement

Facilities (1)

• WESTERN ILLINOIS UNIVERSITY

  1 UNIVERSITY CIR, MACOMB, IL, 61455

  Registry ID: 110005819070

Statutes cited

• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste

Enforcement conclusions (1)

• Western Illinois University Compliance and Final Orderentered 2021-02-11

  Primary law: RCRA

  Federal penalty: $30,000

Timeline (3 milestones)

• 2021-02-11Complaint Filed/Proposed Order
• 2021-02-11Enforcement Action Data Entered
• 2021-02-11Final Order Issued