7/29/09 - NOTICE OF DETERMINATION ISSUED. THE FOLLOWING PROVISIONS ARE RECOGNIZED BY THIS NOD AS VIOLATIONS SELF-DISCLOSED BY BELMONT UNIVERSITY TO EPA ON DEC 18, 2007. BELMONT DISCOVERED THE VIOLATION NOV 27, 2007, UPON RECEIPT OF A PEER AUDIT REPORT. BELMONT DISCLOSED TEH VIOLATIONS TO EPA ON DEC 18, 2007. ALL BUT 15 OF THE 104 VIOLATIONS WERE CORRECTED BY FEB 18, 2008. EPA GRANTED BELMONT'S REQUEST FOR A 30-DAY EXTENSION OF THE DEADLINE TO COMPLETE CORRECTIVE ACTION FOR THE 15 VIOLATIONS. THE REMAINING VIOLATIONS WERE CORRECTED BY MARCH 6, 2008. NONE OF THE VIOLATIONS ARE REPEAT VIOLATIONS. ADDITIONALLY, NONE RESULTED IN SERIOUS HARM NOR DID THEY PRESENT AN IMMINENT AND SUBSTANTIAL ENDANGERMENT. BELMONT HAS TAKEN STEPS TO PREVENT RECURRENCE OF THE VIOLATIONS AND HAS COOPERATED FULLY WITH EPA.
CAA:
1. 50 CFR, PART 52, TN SIP REQUIREMENT, OPERATION OF UNPERMITTED EMERGENCY GENERATOR: 2 VIOLATIONS.
2. 50 CFR, PART 52, TN SIP REQUIREMENT, OPERATION OF UNPERMITTED BOILER: 11 VIOLATIONS.
CWA:
3. 40 CFR 403.5, DISCHARGE TO POTW WITHOUT A PERMIT: 9 VIOLATIONS.
4. 40 CFR 112.5, FAILURE TO PREPARE AND IMPLEMENT SPCC: 1 VIOLATION.
5. 40 CFR 112.7(e)(8), FAILURE TO CONDUCT ANNUAL SPCC INSPECTIONS: 1 VIOLATION.
6. 40 CFR 112.7(e)(10), FAILURE TO CONDUCT SPCC INSPECTIONS: 1 VIOLATION.
7. 40 CFR 112.8(c), FAILURE TO PROVIDE SPCC SECONDARY CONTAINMENT: 2 VIOLATIONS.
RCRA:
8. 40 CFR 261.5(g), FAILURE TO COMPLY WITH DISPOSAL REQUIREMENTS FOR LEGACY CHEMICALS: 23 VIOLATION