TWO COMPLAINT, COMPLIANCE ORDER AND NOTICE OF OPPORTUNITY OF HEARING ( COMPLAINTS ) WERE FILED BY REGION III PURSUANT TO THE RESOURCE CONSERVATION AND RECOVERY ACT OF 1976, AS AMENDED BY THE HAZARDOUS AND SOLID WASTE AMENDMENTS OF 1984 (COLLECTIVELY RCRA ), 42 U.S.C. SECTION 6991e. THE COMPLAINTS ALLEGE VIOLATIONS OF SUBTITLE I OF THE RESOURCE CONSERVATION AND RECOVERY ACT ( RCRA 0, 42 U.S.C. SECTION 6991-6991i. AND THE COMMMONWEALTH OF VIRGINIA'S UST REGULATIONS.
THE COMPLAINTS WERE FILED AGAINST PURNIMA UPAHYAY, PURNIMA INC. AND BERTMAR INC. ( RESPONDENT ) FOR VIOLATIONS REGARDIGN THE FACILITY LOCATED AT 11820 BOYDTON PLANT ROAD, DINWIDDIE, VIRGINIA ( THE FACILITY ). THE FACILITY IS OPERATING AS THE DINWIDDIE CORNER MARKET, A GAS STATION WITH AN ATTACHED CONVENIENCE STORE. RESPONDENTS FAILED TO MAKE INFORMATION REGARDING THE USTs AT THE FACILITY AVAILABLE TO EPA UPON REQUEST, WHICH IS A VIOLATION OF SECTION 9005 OF RCRA, 42 U.S.C. SECTION 6991d AND DELAWARE'S REGULATIONS GOVERNING UNDERGROUND STORAGE TANK SYSTEMS, PART A. SECTION 7.01. EPA ATTEMPTED TO ACQUIRE THE INFORMATION FROM RESPONDENTS BY ISSUING RCRA SECTION 9005 INFORMATION REQUEST LETTERS. ALTHOUGH RESPONDENTS AND/OR THEIR REPRESENTATIVES RECEIVED THE LETTERS, THEY NEGLECTED TO ANSWER ANY. THE COMPLAINTS COMPEL RESPONDENTS TO SUBMIT THE INFORMATION TO EPA UNDER TREAT OF CIVIL PENALTIES.