9/30/10 - NOTICE OF DETERMINATION ISSUED. IN A SELF-DISCLOSURE LETTER DATED FEB 27, 2009, SOUTHERN COLLEGE OF OPTOMETRY DESCRIBED SELF-DISCLOSED VIOLATIONS OF THE CWA AND SECTION 3005 OF RCRA. REVIEW OF THE SELF-AUDIT DOES NOT SUPPORT A FINDING OF A VIOLATION OF THE CWA. THE VIOLATIONS DISCLOSED UNDER RCRA 3005 ARE SUMMARIZED BELOW:
SOUTHERN COLLEGE OF OPTOMETRY IS SUBJECT TO RCRA 3005 AND IS REGISTERED AS A CONDITIONALLY-EXEMPT SMALL QUANTITY GENERATOR OF HAZ WASTE. ACCORDINGLY, IT MAY GENERATOR UP TO 100 KILOGRAMS OF HAZ WASTE IN ANY CALENDAR MONTH WITHOUT TRIGGERING REQUIREMENTS FOR THE STORAGE AND LABELING OF ACCUMULATED HAZ WASTE. THE AUDIT TEAM'S REPORT OF SOUTHERN COLLEGE OF OPTOMETRY REVEALED THE FOLLOWING: SOUTHERN COLLEGE FAILED TO PERFORM AN ADEQUATE HAZ WASTE DETERMINATION WITH RESPECT TO 5 WASTE STREAMS (INVOLVING WASTE CODES D001, D002, D009, F003, AND F005); CONTAINERS OF VARIOUS UNIVERSAL WASTES SUCH AS THERMOSTATS, LAMPS, AND BATTERIES WERE NOT PROPERLY MANAGED; AND KEY PERSONNEL LACKED ADEQUATE TRAINING IN THE PROPER MGMT OF HAZARDOUS AND/OR UNIVERSAL WASTES.
THE PRIMARY RCRA VIOLATIONS CONSIST OF THE FOLLOWING:
- FAILURE TO MAKE HAZ WASTE DETERMINATION, IN VIOLATION OF 40 CFR 262.11;
- FAILURE TO MANAGE UNIVERSAL WASTE, IN VIOLATION OF 40 CFR PART 273; AND
- FAILURE TO CONDUCT RCRA TRAINING, IN VIOLATION OF 40 CFR 262.34(d)(5).
FINAL DETERMINATION: THE RCRA VIOLATIONS DISCLOSED AND THE STEPS TAKEN TO CORRECT THE VIOLATIONS AND PREVENT THE