21. Pursuant to Section 3010(a) of RCRA, 42 U.S.C. ? 6930(a), any person generating a characteristic or listed hazardous waste, recycling hazardous waste, or reclaiming hazardous secondary material shall file with EPA or the authorized state a notification stating the location and general description of such activity and the identified characteristic or listed hazardous wastes, recyclable materials, or reclaimed hazardous secondary materials handled by such person. No identified characteristic or listed hazardous waste or reclaimed material subject to this subchapter may be transported, treated, stored, or disposed of unless notification has been given as required by Section 3010(a) of RCRA, 42 U.S.C. ? 6930(a).
22. Respondent did not file with the EPA or the State of Texas, an authorized state, an adequate and timely notification of its hazardous waste activities at the Facility from 03/20/2020 to 12/15/2021 in violation of Section 3010(a) of RCRA, 42 U.S.C. ? 6930(a) and 30 Texas Admin. Code ? 335.6(c).
Claims 2. Failure to Operate within Its Stated Generator Status
23. The allegations in Paragraphs 1-19 are realleged and incorporated herein by reference.
24. During the Investigation, EPA determined that the Texas Poly Facility declared its generator status as a conditionally exempt small quantity generator (CESQG) and failed to make the applicable notification for recycling and reclamation activity.
25. Pursuant to 30 TEX.ADMIN.CODE ? 335.78(b), [40 C.F.R. ? 261.5