EPA v. UNIVERSITY OF TEXAS AT AUSTIN

Case summary

1. SECTION 3008 OF THE RESOURCE CONSERVATION AND RECOVERY ACT OF 1976 ( RCRA ), AS AMENDED, 42 U.S.C. SECTION 6928. 2. UNIVERSITY OF TEXAS AT AUSTIN, A TEXAS STATE UNIVERSITY 10100 BURNET ROAD AUSTIN, TRAVIS COUNTY, TEXAS 78758 3. RESPONDENT WAS IN VIOLATION OF SECTIONS 3004 AND 3005 OF RCRA BY: 1) DISPOSING OF SPENT SOLVENT WASTE IN A MUNICI- PAL LANDFILL; 2) STORING RESTRICTED WASTE FOR REASONS OTHER THAN ACCUMULATION OF SUCH QUANTITIES OF HAZ. WASTE AS NECESSARY TO FACILITATE PROPER RECOVERY, TREATMENT, OR DISPOSAL; 3) FAILING TO INCLUDE THE TCLP TEST METHOD FOR ITS WASTE WITH TREATMENT STANDARDS EXPREESED AS CONSTIT- UENT CONCENTRATIONS IN THE WASTE EXTRACT IN ITS WASTE ANALYSIS PLAN; 4) FAILING TO INSPECT THE NORTH AND SOUTH EVAPORATION TANKS AT LEAST ONCE EACH OPERATING DAY; 5) FAILING TO PROVIDE A PROGRAM OF ANNUAL PERSONNEL TRAINING REVIEW FOR THE FURNITURE STRIPPING SHOP OPERATORS; 6) FAILING TO PROVIDE PERSONNEL TRAINING TO ALL FACILITY PERSONNEL; 7) FAILING TO MAINTAIN THE REQUIRED PERSONNEL TRAINING DOCUMENTS AND RECORDS AT THE FACILITY; 8) FAIL- ING TO HAVE THE REQUIRED WARNING SIGNS POSTED AT THE FA- CILITY; 9) FAILING TO COMPLY WITH WASTE ACCUMULATION RE- QUIREMENTS; 10) FAILING TO DETERMINE WHETHER THE CONTENTS OF THE DRUM MATCHED THE IDENTITY OF THE WASTE SPECIFIED ON THE ACCOMPANYING MANIFEST OR SHIPPING PAPER; 11) FAIL- ING TO INCLUDE IN RESPONDENT'S WASTE ANALYSIS PLAN THOSE PROCEDURES WHICH WILL BE USED TO INSPECT, AND IF NECES- SARY, ANALYZE EACH MOVEMENT OF HAZ. WASTE RECEIVED AT THE FACILITY TO ENSURE THAT THE WASTE MATCHES THE IDENTITY OF THE WASTE DESIGNATED ON THE ACCOMPANYING MANIFEST OR SHIPPING PAPER; 12) FAILING TO MAKE APPLICABLE AND PROPER HAZ. WASTE DETERMINATIONS FOR ALL SOLID WASTE GENERATED AT THE FACILITY; 13) FAILING TO INCLUDE A DESCRIPTION OF HOW BUILDING NUMBER 105 WILL BE CLOSED IN ACCORDANCE; 14) FAILING TO INCLUDE ALL APPROPRIATE INFORMATION IN ITS CLOSURE PLAN; 15) FAILING TO INCLUDE IN ITS UNAPPROVED CLOSURE PLAN AN ESTIMATE OF THE EXPECTED YEAR OF FINAL CLOSURE; 16) STORING HAZ. WASTE RESTRICTED FROM LAND DIS- POSAL IN CONTAINERS WHICH WERE NOT CLEARLY MARKED TO I- DENTIFY WASTE CONTENT OR THE DATE EACH PERIOD OF ACCUMU- LATION BEGAN; 17) FAILING TO USE A UNIQUE MANIFEST DOCU- MENT NUMBER ON MANIFEST FOR HAZ. WASTES FROM THE FACILITY WHICH WERE OFFERED FOR TRANSPORTATION FOR OFFSITE TREAT- MENT, STORAGE, OR DISPOSAL; 18) STORING HAZ. WASTE IN DRUMS AT THE FACILITY WITHOUT HAVING OBTAINED A DETAILED CHEMICAL AND PHYSICAL ANALYSIS OF A REPRESENTATIVE SAMPLE OF THE WASTE STORED IN THE DRUMS; 19) FAILING TO INSPECT, ON FOUR SEPARATE OCASSIONS, AREAS WHERE IT STORED CON- TAINERS OF HAZ. WASTE; AND 20) STORING DRUMS CONTAINING HAZ. WASTE RESTRICTED FROM LAND DISPOSAL AT THE FACILITY WHICH WERE NOT LABELED WITH THE DRUM'S CONTENT OR WITH THE DATE EACH PERIOD OF ACCUMULATION BEGAN. 4. RELIEF SOUGHT PURSUANT TO SECTION 3008(A) OF RCRA, EPA PROPOSED A CIVIL PENALTY OF $90,000.

Defendants (1)

• UNIVERSITY OF TEXAS AT AUSTINNamed in complaintNamed in settlement

Facilities (1)

• UNIV OF TEXAS AT AUSTIN JAKE PICKLE RESE

  10100 BURNET, AUSTIN, TX, 78705

  Registry ID: 110005027149

Statutes cited

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

Enforcement conclusions (1)

• UNIVERSITY OF TEXAS AT AUSTINentered 1998-07-16

  Primary law: RCRA

  Federal penalty: $140,000

Timeline (5 milestones)

• 1990-12-31Complaint Filed/Proposed Order
• 1992-07-23Enforcement Action Data Entered
• 1998-07-16Final Order Issued
• 1998-08-31Compliance Achieved
• 1998-10-28Enforcement Action Closed