THIS CASE INVOLVES THE FAILURE OF THE STATE OF DELAWARE, DEPARTMENT CORRECTION, RESPONDENT) TO PREPARE A SPILL PREVENTION CONTROL AND COUNTERMEASURE( SPCC ) PLAN IN ACCORDANCE WITH 40 C.F.R. SECTION 112.7 AS REQUIRED BY 40 C.F.R. SECTION 112.3(B)FOR THE STATE CORRECTIONAL CENTER AT SMYRNA, DELAWARE). EPA CONDUCTED A MULTIMEDIA INSPECTION OF THE FACILITY ON JULY 26 AND 27, 2001. A REPRESENTATIVE OF THE DELAWARE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL ( DNREC ) PARTICIPATED IN THE INSPECTION. FACILITY PERSONNEL ADMITTED AT THE TIME OF THE EPA INSPECTION THAT THE FACILITY DID NOT HAVE AN SPCC PLAN. THE FACILITY IS LOCATED ADJACENT DUCH CREEK, WHICH FLOWS TO THE DELAWARE RIVER. THE FACILITY HAS ELEVEN ABOVE-GROUND TANKS WITH A TOTAL STORAGE CAPACITY OF 7,200 GALLONS. THE TANK ARE USE TO STORE DIESEL FUEL, KEROSENE, WASTE OIL, AND GASOLINE. THE FACILITY HAS THREE TANKS USED TO STORE DIESEL FUEL WITH UNDERGROUND STORAGE CAPACITY OF 3,000 GALLONS.
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 RCRA SET FORTH IN 40 C.