LGRC Consent Agreement and Final Order, 2012-06-20

United States Environmental Protection Agency - Region 1

Consent Agreement and Final Order - Lederle Low-rise and Tower A

I. Preliminary Statement 

1. Complainant, United States Environmental Protection Agency ("EPA"), Region 1, alleges that Respondent, the University of Massachusetts System ("UMASS"), violated Section 15 of the Toxic Substance Control Act ("TSCA"), 15 U.S.C. § 2614, and the federal regulations entitled, "Polychlorinated Biphenyls ("PCBs") Manufacturing, Processing, Distribution in Commerce and Use Prohibition (the "PCB Regulations"), 40 C.F.R. Part 761. The violations concern Respondent's recent discovery that window glazing compound in a UMASS building in Amherst, MA, contains PCBs.
2. Complainant and Respondent agree that settlement of this matter is in the public interest and that entry of this Consent Agreement and Final Order ("CAFO") without furtherlitigation is the most appropriate means of resolving this matter. Pursuant to 40 C.F.R. § 22.13(b) of EPA's "Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties, Issuance of Compliance or Corrective Action Orders, and the Revocation, Termination or Suspension of Permits," 40 C.F.R. Part 22, Complainant and Respondent agree to simultaneously commence and settle this action by the issuance of this CAFO.

3. Therefore, before any hearing, without adjudication of any issue of fact or law, upon the record, and upon consent and agreement of Complainant and Respondent, it is hereby ordered and adjudged as follows: