9/4/03 - COMPLAINT AND COMPLIANCE ORDER ISSUED, PROPOSING THE STATUTORY MAXIMUM PENALTY. ALLEGATIONS:
COUNT 1: FAILURE TO MAKE A HAZARDOUS WASTE DETERMINATION. RESPONDENT VIOLATED 40 CFR 262.11 AND 15A N.C. ADMIN. CODE 13A.0107(a) BY FAILING TO CONDUCT A HAZARDOUS WASTE DETERMINATION ON THE 8 DRUMS OF SPENT ZEP ID RED LIQUID. PURSUANT TO RCRA 3008(a), RESPONDENT IS THEREFORE LIABLE FOR PENALTIES OF UP TO $27,500 FOR EACH DRUM ON EACH DAY OF NONCMOPLIANCE.
COUNT 2: RECEIPT AND STORAGE OF HAZARDOUS WASTE WITHOUT A PERMIT OR INTERIM STATUS. RESPONDENT VIOLATED RCRA 3005(a) BY STORING HAZARDOUS WASTE WITHOUT A PERMIT OR INTERIM STATUS. RESPONDENT HAS ALSO VIOLATED THE REGULATIONS PROMULGATED PURSUANT TO SECTION 3005 OF RCRA THAT ARE FOUND IN 40 CFR 270.1 AND 270.70 AND 15A N.C. ADMIN. CODE 13A.0113(a) AND (j). RESPONDENT IS LIABLE FOR PENALTIES OF UP TO $27,500 FOR EACH DAY OF CONTINUED NONCOMPLIANCE.
COUNT 3: FAILURE TO REPORT ACCEPTANCE OF UNMANIFESTED HAZARDOUS WASTE. RESPONDENT VIOLATED 40 CFR 264.76 AND 15A N.C. ADMIN CODE 13A.0109(f) BY FAILING TO ADHERE TO THE REPORTING REQUIREMENTS ASSOCIATED WITH THE ACCEPTANCE OF UNMANIFESTED OFF-SITE HAZARDOUS WASTE. RESPONDENT IS LIABLE FOR PENALTIES OF UP TO $27,500 FOR THIS VIOLATION.
COUNT 4: TREATMENT AND DISPOSAL OF HAZARDOUS WASTE WITHOUT A PERMIT OR INTERIM STATUS. RESPONDENT VIOLATED SECTION 3005(a) OF RCRA BY TREATING AND DISPOSING OF HAZARDOUS WASTE WITHOUT A PERMIT OR INTERIM STATUS. RESPONDENT HAS