1. SECTION 3008(A) OF THE RESOURCE CONSERVATION AND RECOVERY ACT ( RCRA ), 42 U.S.C. SECTION 6901. 2. BERGERON MARINE SERVICE, INC., A LOUISIANA CORPORATION 3410 JOURDAN ROAD NEW ORLEANS, ORLEANS PARISH, LOUISIANA 70126 3. RESPONDENT WAS IN VIOLATION OF SUBTITLE C OF RCRA BY 1) FAILING TO LABEL AND DATE CONTAINERS; FAILING TO KEEP CONTAINERS CLOSED; FAILING TO CONDUCT WEEKLY INSPECTIONS; FAILING TO HAVE SECONDARY CONTAINMENT; FAILING TO OPERATE PROPERLY; FAILING TO HAVE EMERGENCY EQUIPMENT AND COMMUN- ICATION; FAILING TO MAKE ARRANGEMENTS WITH LOCAL EMERGEN- CY RESPONDERS; FAILING TO HAVE A CONTINGENCY PLAN; FAIL- ING TO HAVE AN EMERGENCY COORDINATOR; FAILING TO HAVE PERSONNEL TRAINING; AND STORING HAZARDOUS WASTE FOR MORE THAN 90 DAYS, 2) GENERATING AND STORING HAZ. WASTE WITH- OUT HAVING NOTIFIED EPA OR LDEQ OF HAZRDOUS WASTE ACTIV- ITY AND WITHOUT HAVING RECEIVED AN ACTIVE EPA I.D. NUM- BER, 3) NOT DETERMINING OF A SOLID WASTE WAS A HAZARDOUS WASTE, 4) NOT HAVING A SPILL PREVENTION CONTROL AND COUNTERMEASURES (SPCC) PLAN AND BY NOT PRVIDING SPILL PROTECTION FOR AN OIL STORAGE TANK, 5) FAILING TO LABEL THE FIBERGLASS TANK WITH THE WORDS USED OIL , AND 6) FAILING TO LABEL TANKS; FAILING TO PROVIDE A LEAK DETECT- ION SYSTEM; FAILING TO PROVIDE DOCUMENTATION THAT TANKS ARE EMPTIED EVERY 90 DAYS; FAILIN