ON SEPTEMBER 29, 2000, A COMPLAINT, COMPLIANCE ORDER AND NOTICE OF OPPORTUNITY FOR HEARING ( COMPLAINT WAS ISSUED BY REGION III PURSUANT TO SECTION 3008(A)(1) AND (G) OF THE RESOURCE CONSERVATION AND RECOVERY ACT ( RCRA ), 42 U.S.C. SECTION 6928(A)(1) AND (G), AGAINST BERWIND PHARMACEUTICAL SERVICES, INC. ( RESPONDENT OR BERWIND ). THE COMPLAINT ALLEGES VIOLATIONS OF THE RCRA SUBTITLE C, 42 U.S.C SECTION 6921-6939(E), THE REGULATIONS THEREUNDER AT 40 C.F.R PARTS 260-271, AND THE COMMONWEALTH OF PENNSYLVANIA'S AUTHORIZED REGULATIONS GOVERNING HAZARDOUS WASTE MANAGEMENT, 25 PA CODE CHAPTER 75. SECTION 3008(A) OF RCRA AUTHORIZES EPA TO TAKE ENFORCEMENT ACTION WHENEVER IT IS DETERMINED THAT A PERSON IS IN VIOLATION OF ANY REQUIREMENT OF RCRA SUBTITLE C OR ANY REGULATION OF A STATE HAZARDOUS WASTE PROGRAM WHICH HAS BEEN AUTHORIZED BY EPA. THE COMPLAINT AGAINST BERWIND, THE OWNER AND OPERATOR OF A FACILITY ( FACILITY ), LOCATED AT 415 MOYER BLVD, WEST POINT IN PA, WAS ISSUED BECAUSE BERWIND DID NOT HAVED A PERMIT OR INTERIM STATUS FOR ITS FACILITY AND FAILED TO QUALIFY FOR THE LESS THAN 90 DAY GENERATOR STORAGE EXEMPTION FROM PERMITTING REQUIREMENTS. IN ADDITION, BERWIND FAILED TO KEEP ITS CONTAINER, (55 GALLON DRUM) CONTAINING HAZARDOUS WASTE, CLOSED. BERWIND ALSO DID NOT SUBMIT ITS UPDATED CONTINGENCY PLAN FOR THE FACILITY TO LOCAL EMERGENCY RESPONSE PERSONNEL. FINALLY, BERWIND STORED HAZARDOUS WASTE, REST