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U.S. EPA Files $301,000 Complaint Against the Pratt Institute for Hazardous Waste Violations

Release Date: 05/15/2002
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(#02038) New York, N.Y. -- Pratt Institute, with campuses in Brooklyn and Manhattan, New York, faces a $301,000 penalty for alleged violations of hazardous waste regulations. The U.S. Environmental Protection Agency (EPA), as part of its ongoing efforts to ensure environmental compliance by institutions of higher learning, has issued a civil administrative complaint against Pratt alleging violations of federal and New York State laws that provide for identification, storage, treatment and disposal of hazardous substances. The action also includes an order that requires Pratt to comply with these laws. The hazardous waste that is the subject of the complaint includes old or obsolete chemicals, spent solvents and paint, used fluorescent light bulbs, computer monitors and other wastes generated by or used in Pratt's art studios and workshops.

"Like other universities, Pratt handles a range of hazardous substances in its day-to-day educational programs and operations,” said Jane M. Kenny, EPA Regional Administrator. “Pratt could have avoided this enforcement action by taking advantage of EPA’s Colleges and Universities Initiative. This program protects the environment and the health of students and staff by assisting colleges and universities in their efforts to comply with environmental regulations.”

EPA Region 2 started the Colleges and Universities Initiative in 1999 because it found that many such institutions were not aware of their responsibilities under various environmental laws. As part of the initiative, EPA informs colleges and universities of the benefits of the Voluntary Audit Policy under which facilities can investigate and disclose violations to EPA and, if the necessary conditions are met, receive a partial or complete reduction in financial penalties. The Colleges and Universities Initiative starts with outreach and information, provides incentives (such as reduced penalties) for self-reporting, follows up with monitoring for compliance, and, if necessary, includes enforcement actions. Prior to this action, EPA held workshops to help schools comply, provided them with information about their duties under the law (with no risk to the institution of financial penalties) and warned them that official EPA inspections of their facilities – with the risk of financial penalties – were imminent.

To date, 47 colleges and universities in the region have come forward to disclose violations to EPA. Twenty of those 47 schools were granted a 100% waiver of gravity-based penalties. Twenty-one cases are still under review and the remaining others have been partially approved. EPA has signed agreements with Rutgers University and the State University of New York ( SUNY) in which those schools have committed to long-term auditing and disclosure schedules in exchange for the benefits of the Audit Policy. The Colleges and Universities Initiative is an on going program.

Without notifying EPA of any self-auditing of its facilities, Pratt was subject to an investigation and inspection that revealed the violations cited in the complaint.

The civil complaint, the basis for the assessed penalty, charges Pratt with seven violations of the federal Resource Conservation and Recovery Act, which ensures that hazardous waste is managed from “cradle to grave” in an environmentally sound manner. The complaint alleges that Pratt: failed to determine whether the solid waste it generated constituted hazardous waste; stored hazardous waste without having obtained a permit or interim status; treated and disposed of hazardous waste without having the necessary permit; failed to keep containers holding hazardous waste closed; did not follow procedures to minimize the possibility of fire, explosion, or any unplanned release of hazardous waste into the air or surface water that could threaten human health or the environment; had not made appropriate arrangements with designated agencies in case of a dangerous situation, such as a medical emergency or fire, involving the stored hazardous waste; and failed to regularly inspect its waste storage areas.

The compliance order requires Pratt to determine the extent of hazardous waste generation on its campuses, resolve its hazardous waste permit violations, and comply with all pertinent regulations, including development of practices that ensure the safety and protection of students and staff. Pratt must also cease burning solvents, utilize correctly labeled and closed containers, and properly store and dispose of hazardous waste.

Within 30 days of the compliance order, Pratt is required to comply with, or provide a schedule to assure it complies with, all applicable federal and state regulations regarding accumulation of hazardous waste. Pratt is already developing strategies to address a number of requirements in the compliance order. Pratt also has the option to contest any material fact alleged in the complaint, request a hearing on the issues raised by the complaint and compliance order, and/or enter into negotiations to reach a settlement agreement with EPA to modify the amount of the proposed penalty.

More information on EPA’s Voluntary Audit Policy is available at https://www.epa.gov/region02/capp/cip/. The website for the Colleges and Universities Initiative is https://www.epa.gov/Region2/p2/college