On December 30, 2005, a Complaint, Compliance Order and Notice of Opportunity for Hearing ( Complaint ) was filed by Region III pursuant to the Resource Conservation and Recovery Act of 1976, as amended by the Hazardous and solid Waste Amendments of 1984 (collectively RCRA ), 42 U.S.C sub section 6991e. The Complaint alleges violations of Subtitle Iof the REsource Conservation and Recovery Act. ( RCRA ), 42. U.S.C. subsection 6991-6991i, and the Delaware UST Regulations. The Complaint was filed against was filed against William A. Logue, trading and/or doing business as Rylin, Inc., Rylin Motors and/or Logue's Mobil Gas Station ( the Facility ).
The violations regarding the Facility concer Respondent's failure to make information regarding the USTs at the Facility available to EPA ukpon request, which is a violation of Section 9005 of RCRA, 42 U.S.C. sub section 6991d and Delaware's Regulatlions Governing Underground Storage Tank Systems, Part A. Section 7.01. EPA attenpted to acquire the information from Mr. Logue throug the issuance of three RCRA Section 9005 Information Request (December 1, 2004, January 26, 2005, and August 24, 2005. Although Mr. Logue and/or his representative received the three requests for information, he neglected to answer any. EPA proposes the assessment of a civil penalty up to the statutory maximum of $32,500 per day for the violations.