Boston University Agrees to Pay Fine and Undertake Environmental Projects to Settle Environmental Lawsuit.

BOSTON--(BUSINESS WIRE)--Oct. 8, 1997-- United States Attorney Donald K. Stern, Assistant Attorney General Lois J. Schiffer, and EPA Regional Administrator John DeVillars announced today that the EPA and the Department of Justice have reached an agreement with Boston University which settles alleged violations by the University of the Clean Water Act and hazardous waste laws. A civil complaint and consent decree were filed today in the U.S. District Court in Boston.

Under the agreement, B.U. will pay a cash penalty of $253,000, undertake work to correct its alleged violations, and conduct two "supplemental environmental projects" that will cost the University an additional $518,000. In addition, B.U. has taken and will take other steps to remedy their violations.

The Complaint alleges that B.U. was responsible for two oil spills into the Charles River, and also alleges that the University failed to prepare and implement oil spill prevention plans for its Charles River and Medical School campuses. The more serious of the two oil spills occurred in January 1996. The spill discharged oil to the Charles River around the Boston University Bridge, and was caused by a slow, chronic leak from an underground storage tank at B.U.'s School for the Arts Building, at 855 Commonwealth Avenue. The actual amount of oil that discharged to the Charles River was undetermined but oil continued intermittently to seep into the river over the course of many months.

Part of the settlement requires B.U. to prevent further oil seepage into the Charles River by lining a Boston Sewer and Water Commission storm drain through which oil-contaminated groundwater reached the Charles River. B.U. has recently completed installation of this storm drain liner. Additionally, B.U. is installing a petroleum product recovery system around the site to remediate the groundwater that has been contaminated as a result of the leak.

U.S. Attorney Stern stated: "B.U. has admitted its mistake, paid a hefty penalty, and agreed to important remedial measures. There is now less chance that the rowers in the upcoming Head of the Charles will have to compete with oil slicks."

"The message that this settlement sends out is crystal clear: If you're polluting the Charles, we are going to find you. And when we do, you are going to pay, and pay big time," said EPA Administrator DeVillars. "EPA intends to reach its goal of a fishable, swimmable Charles by Earth Day 2005. Today's action takes us another step closer to that goal."

"What was a punch in the eye for the Charles has now turned into a helping hand," DeVillars added. "The project B.U. has agreed to will not only end their negative impact on the Charles but will help limit stormwater discharges from on campus locations."

The United States' complaint also alleges that B.U. was responsible for numerous hazardous waste violations in laboratories at its Medical School Campus. The violations were discovered during an EPA inspection that targeted the University as a facility that has a high potential to release hazardous contaminants in a populated urban setting. The complaint alleges violations for B.U.'s failure to: properly date and label containers of hazardous waste; properly train its personnel; inspect hazardous waste storage areas; complete a Contingency Plan; and, retain and complete forms that indicate proper treatment for disposal of hazardous wastes.

The consent decree requires B.U. to conduct two Supplemental Environmental Projects. One project, which will be conducted with the help of the Charles River Watershed Association, will help control stormwater discharges to the Charles River by identifying and constructing new stormwater control technologies around sites at B.U.'s campus. Stormwater pollution has been identified as one of the major contributing factors of poor water quality in the Charles River. This project complements other EPA enforcement actions directed at environmental law violations in the Lower Charles River, including enforcement against municipalities for illegal discharges of sewage through storm drains.

The second Supplemental Environmental Project will remediate and rehabilitate a community garden in the Lower Roxbury area of Boston, near B.U.'s medical campus. The project will be done with the assistance of the South End Lower Roxbury Open Space Land Trust ("SELROST"). Initial soil testing at the garden indicates that lead levels exceed the level recommended for growing vegetables. B.U. plans to pay for a full clean-up and rehabilitation of the garden as part of the settlement. This project will benefit low income and minority residents in the area who often utilize these gardens for subsistence.

Notice of the consent decree will be published in the Federal Register, and interested persons will be given the opportunity to comment on the decree prior to its being entered by the district court.

The enforcement case was handled by Assistant U.S. Attorney George B. Henderson, II of Stern's Civil Division, Jerry MacLaughlin, Trial Attorney for the Department of Justice, Environmental Enforcement Section, and Sheryl Rosner, enforcement counsel for EPA's New England office. The case was investigated by members of EPA-New England's Urban Enforcement Assistant Team.

CONTACT: US Attorney's Office

Joy Fallon and Amy Rindskopf, [phone]

or

EPA

Mindy Lubber, [phone]