1. SECTION 3008(A) OF THE RESOURCE CONSERVATION AND RECOVERY ACT ( RCRA ), 42 U.S.C. SECTION 6901 ET SEQ. SECTION 309(G)(1) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(G)(1). 2. M-I DRILLING FLUIDS, L.L.C., A DELAWARE LIMITED LIABILITY CO. 499 A.J. ESTAY ROAD PORT FOURCHON, LAFOURCHE PARISH, LOUISIANA 70301 3. RESPONDENT WAS IN VIOLATION OF SECTIONS 3005 AND 3010 OF RCRA BY 1) FAILING TO FILE NOTICE AS A GENERATOR OF HAZ- ARDOUS WASTE, 2) FAILING TO MAKE AN ADEQUATE HAZARDOUS WASTE DETERMINATION, AND 3) FAILING TO DESIGN, CONSTRUCT, MAINTAIN, AND OPERATE THE FACILITY TO MINIMIZE THE RE- LEASE OF HAZARDOUS WASTE. THE RESPONDENT WAS IN VIOLATION OF SECTION 301(A) OF THE CWA BY FAILING TO APPLY FOR AND OBTAIN NPDES STORM WATER COVERAGE AND DEVELOP OR IMPLEMENT A STORM WATER POLLUTION PREVENTION PLAN (SWPPP) AT THE TIME OF THE NOV. 1996 IN- SPECTION OR AT THE TIME OF THE OCT. 1997 MEETING WITH EPA. 4. RELIEF SOUGHT PURSUANT TO SECTIONS 3008(A) OF RCRA AND 309(G)(1) OF THE CWA, EPA PROPOSES A CIVIL PENALTY OF $18,445 FOR THE RCRA VIOLATIONS AND $27,500 FOR THE CWA VIOLATIONS, FOR A PROPOSED TOTAL OF $45,945. EPA ALSO IS- SUED A COMPLIANCE ORDER REQUIRING