1. SECTION 3008(A) OF THE RESOURCE CONSERVATION AND RECOVERY ACT ( RCRA ), 42 U.S.C. 6901 ET SEQ. 2. BJ SERVICES COMPANY, U.S.A. 2708 WEST COUNTY ROAD HOBBS, LEA COUNTY, NEW MEXICO 3. RESPONDENT WAS IN VIOLATION OF SUBTITLE C OF RCRA BY STORING HAZARDOUS WASTE IN THE SAND TRAP TANK, THE SEPA- RATION TANKS, AND THE EMPTY DRUM STORAGE AREA WITHOUT A PERMIT, AND BY FAILING TO MAKE A HAZARDOUS WASTE DETERMI- NATION OF THE MATERIAL LOCATED IN THE THREE SEPARATION TANKS AND THE DRUMS IN THE EMPTY DRUM STORAGE AREA. 4. RELIEF SOUGHT PURSUANT TO SECTION 3008(A) OF RCRA, EPA PROPOSES A CIVIL PENALTY OF $85,774 AND A COMPLIANCE OR- DER. THE ORDER REQUIRES THE RESPONDENT TO: 1. NOT LATER THAN 30 DAYS AFTER RECEIPT OF THE COMPLAINT, CERTIFY TO EPA AND NMED THAT A HAZARDOUS WASTE DETERMI- NATION HAS BEEN MADE OF THE WASTE MATERIAL BEING STORED IN THE SAND TANK TRAP, THE SEPARATION TANKS, AND THE EMPTY DRUM STORAGE AREA AND HAS BEEN DISPOSED OF AC- CORDING TO REGULATIONS, 2. NOT LATER THAN 30 DAYS AFTER THE RECEIPT OF THE COM- PLAINT, THE RESPONDENT SHALL CERTIFY ALL TANKS THAT ARE STORING HAZARDOUS WASTE OR WILL STORE HAZARDOUS WASTE FOR LESS THAN 90 OR 180 DAYS AS APPLICABLE AS MEETING REQUIREMENTS,