BASED ON AN OCTOBER 9, 2002, CASE DEVELOPMENT INSPECTION CONDUCTED BY EPA'S SCIENCE AND ECOSYSTEM SUPPORT DIVISION, EPA ISSUED UNITED ORGANICS CORP AND MR. LIEBERMAN, AN INDIVIDUAL, AN ADMINISTRATIVE ORDER PURSUANT TO SECTION 3013 OF RCRA ON JULY 29, 2003. THE ORDER SPECIFIED THAT EPA HAD DETERMINED THAT THE PRESENCE AND/OR RELEASE OF HAZARDOUS WASTES AT THE FACILITY MAY BE PRESENT A SUBSTANTIAL HAZARD TO HUMAN HEALTH OR THE ENVIRONMENT AND REQUIRED UNITED ORGANICS CORP AND MR. LIEBERMAN TO PREPARE A WRITTEN PROPOSAL TO CARRY OUT MONITORING, TESTING, ANALYSIS, AND REPORTING TO DETERMINE THE NATURE AND EXTENT OF THE HAZARDS POSED BY THE HAZARDOUS WASTES AND/OR HAZARDOUS CONSTITUENTS THAT ARE OR WERE PRESENT AT THE FACILITY AND MAY HAVE BEEN RELEASE FROM THE FACILITY. THE ORDER REQUIRED THAT THE PROPOSAL BE SUBMITTED TO EPA WITHIN 30 DAYS FROM THE DATE THE ORDER WAS ISSUED, AND THAT THE PROPOSAL BE IMPLEMENTED ONCE IT IS APPROVED BY EPA. A 30-DAY EXTENSION TO COMPLY WITH THE TERMS OF THE ORDER WAS GRANTED ON AUGUST 27, 2003, AND EXPIRED ON SEPTEMBER 28, 2003. THE FACILITY AND MR. LIEBERMAN HAVE FAILED TO MEET ANY OF THE REQUIREMENTS SPECIFIED IN THE ORDER, AND ARE THEREFORE IN VIOLATION OF SECTION 3013 OF RCRA.
WE ARE SEEKING ENFORCEMENT OF THE 3013 AS WELL AS A PENALTY FOR FAILURE TO COMPLY WITH THE ORDER. THE PENALTY IS UP TO $5,500 PER DAY OF VIOLATIO