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Major Enforcement Actions Against Colleges and Universities in New York, New Jersey, and the Caribbean
Since 2000, EPA Region 2 has conducted 51 inspections of college and universities in New York, New Jersey, Puerto Rico, and the Virgin Islands. This page contains information on the major enforcement actions issued by EPA for violations uncovered during these inspections. These actions have resulted in $2,700,000 in penalties so far as well as several supplemental environmental projects (SEPs). A SEP is an environmentally beneficial project which a violator voluntarily agrees to perform as part of a settlement of an enforcement action. In return, EPA agrees to reduce the monetary penalty that would otherwise apply as a result of the violation(s). All of these penalties, of course,could have been avoided if the college or university had taken advantage of EPA's voluntary audit policy.
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New Jersey
Kean University, in July of 2004, reached an agreement with EPA Region 2 to settle a complaint issued to the university in the summer of 2003 for violations of federal and state laws governing the safe management of laboratory chemical wastes. Under the agreement, Kean will not only pay a fine of $16,575 but will spend at least $160,000 on solar panels to provide clean, reusable energy for a new building on its campus. The university's installation of the solar panels constitutes a supplemental environmental project. "Supplemental environmental projects are effective tools for settling violations because they support projects that produce additional environmental benefits," said Jane Kenny, EPA Regional Administrator. "In this case, the university is setting a shining example for academia, and beyond that solar energy is a practical alternative in the northeast to reliance on traditional power sources."
New Jersey City University , on June 25, 2003, reached an agreement with U.S. EPA Region 2 to settle a complaint issued to the university in November of 2002 for improper waste management practices . Under the agreement, the University will not only pay a $23,000 monetary penalty but will also require the use of "mini scale" techniques in its chemistry laboratories, which serve approximately 300 students each year. By utilizing mini scale techniques, students will be using no more than two grams of each chemical in an experiment. Previously, students could use up to hundreds of grams of each chemical in an experiment. By using smaller quantities of chemicals, the laboratories will be generating substantially less waste. "The students of New Jersey City University are the real beneficiaries of this pollution prevention program," said EPA Regional Administrator Jane M. Kenny. "New Jersey City University's agreement with EPA also sends a clear message that colleges and universities can reduce the amount of hazardous waste they generate and maintain the high quality of their science departments."
Raritan Valley Community College (Raritan Valley), located in Somerville, New Jersey, faces $39,599 in penalties for alleged violations of hazardous waste regulations. In particular, Raritan Valley failed to determine whether the solid waste it generated was hazardous and did not provide classroom or on the job training for employees to ensure proper handling of hazardous waste and implementation of emergency procedures. The college is also charged with allowing conditions to exist that might lead to a fire, explosion or unplanned release of hazardous waste to the air, surface water or soil which could threaten human health or the environment. The hazardous wastes cited in the complaint were generated in the college's laboratories, art classes and print shop. They include waste oil paint, solvent and ceramic glaze, press wash, photochemical waste rags, spent fluorescent bulbs and used computer monitors. An inspection in February 2002 revealed that incompatible corrosive and organic wastes were stored next to one another near fume hoods and required emergency or contact person information was not posted. Old hazardous waste containers were found in poor condition, and unlabelled hazardous waste had been stored for long periods of time in locations without fire extinguishers or hazardous spill cleanup material nearby.
The University of Medicine and Dentistry of New Jersey (UMDNJ), in Newark, New Jersey, faces a penalty of $166,658 for alleged violations of hazardous waste regulations. An EPA inspection of UMDNJ's Newark campus, which included the Schools of Medicine and Dentistry, the University Hospital, the Stone Cancer Center and the Doctor's Office Center, revealed that the university failed to determine if waste chemicals, solvents, and other hazardous wastes generated in its laboratories were hazardous wastes. The complaint also alleges that UMDNJ: failed to maintain and operate its facility to minimize the risk of releases of hazardous waste to the environment; did not ensure that its faculty and staff received required training in handling hazardous waste properly; did not keep hazardous waste containers closed; and improperly disposed of hazardous wastes, such as waste solvents and mercury-containing dental amalgam waste from its dental facilities
New York
Clarkson University, in March of 2005, reached an agreement with EPA Region 2 to settle a complaint issued to the university in the fall of 2003 for violations of federal and state laws that provide for the safe handling and storage of hazardous wastes. Under the agreement, Clarkson University not only agreed to pay a $45,000 penalty but volunteered to hold a three-hour environmental management seminar at its Potsdam campus for the administrative staff of high schools in St. Lawrence, Franklin, and Jefferson Counties that will help the schools comply with environmental laws and regulations. Clarkson also entered into a separate agreement with EPA to conduct self audits of its campus facilities and operations. The self audit agreement, a major incentive of EPA Region 2's college and university initiative, covers all major federal environmental programs. "Clarkson not only saw that EPA is inspecting facilities to enforce the law, it also realized the advantage of a voluntary self audit agreement with EPA," said EPA Acting Regional Administrator Kathleen Callahan. "Clarkson must pay a penalty, but others can avoid this by volunteering for self audits before an EPA inspection."
Columbia University , in December of 2003, reached an agreement with EPA Region 2 to settle a complaint issued to the university in 2002 for violations of federal and state hazardous waste requirements at their Morningside Heights campus and Lamont-Doherty Earth Observatory. Under the agreement, Columbia University, in addition to paying a civil penalty of $100,000 will carry out three supplemental environmental projects. First, the university will develop and implement an environmental management system to improve its policies, procedures and organizational structure, and better comply with environmental regulations. Second, Columbia will use new chemical inventory tracking procedures on its two main campuses, provide EPA with an evaluation of the system and make its evaluation available to other universities and the general public. Finally, Columbia will develop a best management practices and regulatory guidance manual and an interactive CD and video to provide high school teachers, custodial staff, administrators and students with the information they need to minimize the generation of hazardous waste, properly handle it, and understand its risks to human health and the environment. The educational materials will be provided in English and Spanish and will be made available to the public. Columbia will hold three seminars to help train relevant high school personnel in these matters.
Long Island University (LIU), on June 1, 2004, reached an agreement with EPA Region 2 regarding violations of federal and state laws governing the safe handling and storage of hazardous waste found at their C.W. Post and Southhampton campuses by EPA inspectors. Under the agreement, LIU will not only pay a penalty of $39,057 but will spend at least $115,000 to develop a manual and present ten seminars at various locations throughout New York and New Jersey to teach high school faculty, custodial staff, and administrators how to comply with toxic substances, air and water regulations. In a separate agreement, C.W. Post College agreed to correct any underground storage tank violations and pay a penalty of $73,244.
Long Island University (LIU), in December of 2003, reached an agreement with EPA Region 2 to settle a complaint issued to the university in 2002 for improperly managing hazardous waste at its Brooklyn campus. Under the agreement, LIU will not only pay a civil penalty of $33,000 but will also use the EPA accepted guidance materials developed by Columbia and Pratt to make presentations to high school teachers, custodial staff, administrators and students at compliance assistance seminars and reproduce and distribute compliance assistance materials, such as written materials, videos and CDs, in English and Spanish, to key personnel in high schools.
Manhattan College, located in the Bronx, New York, faces a $111,199 penalty for alleged violations of federal and New York State laws that provide for identification, storage, treatment and disposal of hazardous wastes. The hazardous waste that is the subject of the complaint includes mercury, arsenic, spent solvents and paint, used fluorescent light bulbs, used computer monitors and other wastes generated by or used in the Manhattan College print shop, labs and maintenance facilities at its two Bronx facilities. "Manhattan College handles a range of hazardous substances in its educational and maintenance facilities and has failed to follow regulations written to protect the public health and the environment from the potential dangers of hazardous wastes that result from these everyday activities," said Jane M. Kenny, EPA Regional Administrator. "While Manhattan College is now working to correct these violations and prevent their occurrence in the future, this enforcement action was avoidable," continued Ms. Kenny.
Pratt Institute, in December of 2003, reached an agreement with EPA Region 2 to settle a complaint issued to the university in 2002 for improperly identifying, storing, treating, and disposing of hazardous waste at its campuses in Brooklyn and Manhattan, New York. Under the agreement, Pratt will pay a civil penalty of $40,000 and undertake two supplemental environmental projects. First, Pratt will upgrade its paint spray booths at its Brooklyn campus and replace the existing spray guns in its industrial design, sculpture/plastics and ceramics studios with high volume low pressure guns. These changes will reduce by half the amount of paint and solvent used and hazardous waste generated in these studios. In addition, Pratt will increase the efficiency of the screen cleaning process used in its print-making operation. For its second project, Pratt will develop a best management practices and regulatory guidance manual for high school art teachers, staff, administrators and students to show them how to develop environmentally sensitive procedures and properly handle hazardous waste. The free manual will explain how to identify hazardous waste, safely use and store chemicals, and manage and dispose of hazardous waste with particular focus on situations normally faced by high school art departments. The manual will be translated into Spanish. Pratt will develop and conduct at least one seminar for high school art teachers, custodial and maintenance personnel and administrators.
Skidmore College , on February 1, 2005, agreed to pay a $50,000 penalty and comply with hazardous waste management regulations to settle a complaint brought by the U.S. Environmental Protection Agency (EPA) in March 2004.
Vassar College in Poughkeepsie, New York is facing $97,581 in penalties for violating numerous requirements of federal and New York State hazardous waste regulations.These violations, which were discovered during a March 2002 inspection of the college, include improper disposal of several types of waste and chemicals, as well as failure to determine that they were hazardous wastes. In addition, the college did not have a permit to store hazardous waste, and did not meet the protective management requirements needed to be exempt from a permit. Hazardous waste containers were not closed or identified with the required markings; emergency response agencies were not notified of hazardous waste stored at the facility; and the college did not minimize the possibility of fire, explosion or unplanned release of hazardous substances into the environment. No records were kept to document the efficacy of leak detection systems in underground fuel storage tanks, and none of the personnel responsible for hazardous waste management were trained in how to handle it. Finally, the school did not have a hazardous waste emergency response plan. "Vassar could have avoided most, if not all of, the penalties for violations of hazardous waste regulations by participating in EPA's voluntary self-audit program," said EPA Regional Administrator Jane M. Kenny. "Participation in the self-audit program helps educational institutions avoid most penalties and learn to better manage their hazardous waste, safeguarding both people and the environment."
Caribbean
The Pontifical Catholic University of Puerto Rico , faces $280,619 in penalties for alleged violations of hazardous waste regulations at its main campus in Ponce, Puerto Rico. An EPA inspection of Catholic University's main campus revealed the university had: failed to determine if wastes it generated were hazardous wastes; stored hazardous wastes without a permit; stored hazardous waste in open containers; and stored hazardous waste in containers that were in poor condition. Catholic University did not maintain and operate its facility to minimize the possibility of fire, explosion and other risks if an unplanned or sudden release of hazardous waste to the environment should occur. Many chemicals were stored in an unsafe manner, significantly increasing the risk of fire or an explosion occurring. The university also did not provide employees with required training in hazardous waste management or develop emergency contingency plans or a make arrangements with emergency responders and nearby hospitals in the event of sudden or unexpected releases of hazardous wastes to the environment.