1. SECTION 3008 OF THE RESOURCE CONSERVATION AND RECOVERY ACT ( RCRA ), AS AMENDED, 42 U.S.C. SECTION 6928. 2. MALONE SERVICE COMPANY 5300 CAMPBELL'S BAYOU ROAD TEXAS CITY, GALVESTON COUNTY, TEXAS 3. THE RESPONDENT WAS IN VIOLATION OF SUBTITLE C OF RCRA BY FAILING TO MAKE A HAZARDOUS WASTE DETERMINATION IN THE GROUND WATER, BY PROCESSING HAZARDOUS WASTE IN AN UN- AUTHORIZED UNIT, AND BY STORING HAZARDOUS WASTE WITHOUT A PERMIT. 4. RELIEF SOUGHT PURSUANT TO SECTION 3008 OF RCRA, EPA PRO- POSES A CIVIL PENALTY OF $100,000 AND ISSUED A COMPLIANCE ORDER REQUIRING THE RESPONDENT TO PREPARE A REPORT EVAL- UATING HYDROGEOLOGIC CONDITIONS AT THE FACILITY WITHIN 180 DAYS, DRUMS RECEIVED TO BE PROCESSED IN THE API-1 SEPARATOR SHALL BE IMMMEDIATELY AND CONTINUOUSLY PROCESS- ED, AND BY APR. 1, 1995, CERTIFY THAT THE RESPONDENT HAS SUBMITTED A PERMIT MODIFICATION TO ALLOW STORAGE OF DRUMS IN THE AREA NEXT TO TO THE API-1 SEPARATOR.