A. Failure to Make Hazardous Waste Determinations
1. COMAR 26.13.03.02A provides that a person who generates a solid waste as defined in COMAR 26.13.02.02 shall determine if that waste is a hazardous waste using the method set forth in COMAR 26.13.03.02.A-B.
2. As the person who generated solid waste, Respondent was required by COMAR 26.13.03.02A to determine if the solid waste it generated at the Facility was hazardous waste using the method prescribed by COMAR 26.13.03.02A-B.
3. Respondent strips paint from airplanes, which process generates paint waste and spent caustic solution, both of which are solid wastes. The spent caustic solution is collected and treated in an on-site wastewater treatment plant.
4. Respondent paints airplanes, which process generates paint waste and spent solvents, both of which are solid wastes.
5. Respondent repairs airplane engines, which process generates spent solvents, which are solid wastes.
6. At the time of the EPA inspection, Respondent stored four drums of paint waste in an area identified by Respondent as the stripping shop. According to Respondent, the paint waste had been generated at the Facility at least fourteen years prior to the EPA Inspection.
7. From at least April 28, 2010 to the present, Respondent generated, and subsequently treated, stored and/or disposed of, a solid waste (paint waste, spent solvents and spent cuastics), without performing a hazardous waste determination on such solid