# DELAWARE, STATE OF DEPARTMENT OF CORRECTIONS, SMYRA
> **Administrative - Formal** · FY2002 · — · Combined With Another Case(s)
## Case
- **Activity ID:** `19847`
- **Case Number:** 03-2002-0064
- **Type:** Administrative - Formal
- **Lead:** EPA
- **Outcome:** Combined With Another Case(s)
- **Penalty assessed:** —
- **Cost recovery:** —
- **Compliance action $:** —
- **Multimedia (multi-env):** Y
## Defendants
- DELAWARE, STATE OF DEPARTMENT OF CORRECT (complaint) (settlement)
## Summary

COUNT I. OWNING AND OPERATING A HAZARDOUS WASTE STORAGE      FACILITY WITHOUT A PERMIT OR INTERIM STATUS:  RCRA SECTION   3005(A), 42 U.S.C. SECTION 6925(A), NORMALLY REQUIRES        PERSONS OWNING OR OPERATING A FACILITY FOR THE TREATMENT,    STORAGE, OR DISPOSAL OF HAZARDOUS WASTE TO OBTAIN A PERMIT.  HOWEVER, GENERATORS OF HAZARDOUS WASTE MAY ACCUMULATE        HAZARDOUS WASTE ON-SITE FOR 90 DAYS OR LESS WITHOUT A PERMIT OR INTERIM STATUS PROVIDED THAT THE GENERATOR COMPLIES WITH  CERTAIN PROVISIONS OF RCR SET FORTH IN 40 C.F.R. 262.34(A)   AND DRGHW SECTION 262.34.  DUE TO CERTAIN ACTS OR OMISSIONS, RESPONDENT, AT THE TIME OF EPA'S INSPECTION FAILED TO        QUALIFY FOR THE PERMIT EXEMPTION PROVIDED UNDER 40 C.F.R.    262.34(A) AND DRGHW SECTION 262.34 FOR STORAGE OF HAZARDOUS  WASTE.                                                       NAMELY, RESPONDENT FAILED TO MAKR ITS HAZARDOUS WASTE        CONTAINERS WITH THE ACCUMULATION COMMENCEMENT DATES,         ACCUMULATED HAZARDOUS WASTE IN A DAMAGE CONTAINER, FAILED TO MARK ITS CONTAINERS WITH THE LABEL  HAZARDOUS WASTE , LEFT   ITS HAZARDOUS WASTE CONTAINERS OPENED AT TIMES OTHER THAN    NECESSARY TO ADD OR REMOVE CONTENTS, FAILED TO HAVE PORTABLE FIRE EXTINGUISHERS IN AREAS WHERE HAZARDOUS WASTE WAS STORED FAILED TO MAINTAIN ADEQUATE AISLE SPACE TO ALLOW             UNOBSTRUCTED MOVEMENT OF PERSONNEL, FIRE PROTECTION          EQUIPMENT SPILL CONTROL EQUIPMENT AND DECONTAMINATION        EQUIPMENT, AN DID NOT INSPECT THE HA

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*Source: [EPA ECHO](https://echo.epa.gov/) · AI Analytics · CC0 1.0*