MCINTYRE WAS TREATING, STORING, OR DISPOSING OF RCRA IDENTIFIED OR LISTED HAZARDOUS WASTE ON SITE WITHOUT A PER- MIT OR HAVING INTERIM STATUS. MCINTYRE ASSERTS THAT IT WAS A GENERATOR EXEMPT FROM THE TSD REQUIREMENTS PURSUANT TO 40 C.F.R. 262.34(A) AND 35 IAC 722.134(A). WE HAVE ASSERTED VIOLATIONS OF THE EXEMPTION PROVISIONS AND THE HAZARDOUS WASTE MANAGEMENT REQUIREMENTS INCLUDING (1) ACCUMULATION OF HAZARDOUS WASTE FOR MORE THAN 90 DAYS, (2) FAILING TO MAINTAIN A HAZARDOUS WASTE STORAGE AREA COMPLYING WITH THE SPECIFIC STANDARDS AND CONDITIONS, (3) FAILING TO MAINTAIN THE CONTINGENCY PLAN AT THE FACILITY AND AT THE LOCAL POLICE, FIRE DEPARTMENT AND EMERGENCY RESPONSE TEAM, (4) FAILING TO MAINTAIN PERSONEL JOB AND TRAINING REQUIREMENTS, AND (5) FAILING TO PROPERLY MARK ON EACH CONTAINER THE DATE THAT WASTE ACCUMULATION BEGINS. THE FACILITY, MCINTYRE GROUP, LTD WILL CONDUCT A SUPPLE- MENTAL PROJECT(POLLUTION PREVENTION). THE SPILL CONTROL STRUCTURE WILL PREVENT HAZARDOUS WASTE SPILLS FROM REACHING THE SURROUNDING ENVIRONMENT AS WELL THE ADJACENT STREAMS. MCINTYRE WILL PAY $19,427 IN CASH AND A SEP CREDIT OF $17,440.