1. SECTION 3008(A) OF THE RESOURCE CONSERVATION AND RECOVERY ACT ( RCRA ), 42 U.S.C. SECTION 6928(A), AS AMENDED BY THE HAZARDOUS AND SOLID WASTE AMENDMENTS OF 1984 (HSWA). SECTION 309(G)(1) OF THE CLEAN WATER ACT ( CWA ), 33 U.S.C. SECTION 1319(G)(1). 2. RUBEN'S ELECTROPLATING, INCORPORATED, A TEXAS CORPORATION D.B.A. ELECTROPLATING OF EL PASO 1040 HAWKINS EL PASO, EL PASO COUNTY, TEXAS 79915 3. RESPONDENT WAS IN VIOLATION OF SUBTITLE C OF RCRA BY (1) FAILURE TO MEET THE EXEMPTION REQUIREMENTS OF 90 DAYS OR LESS HAZARDOUS WASTE GENERATOR REQUIREMENTS, (2) TREAT- MENT OF HAZARDOUS WASTE WITHOUT A PERMIT, (3) FAILURE TO SUBMIT ANNUAL WASTE SUMMARIES TO THE TNRCC AS REQUIRED, (4) FAILURE TO PROPERLY PREPARE MANIFESTS, AND WAS IN VIOLATION OF SECTION 301(A) OF THE CWA BY CONDUCTING THE RELEVANT ACTIVITIES AND OPERATING THE FACILITY WITHOUT NPDES PERMIT COVERAGE AND BY FAILING TO DEVELOP AND IM- PLEMENTING A STORM WATER POLLUTION PREVENTION PLAN (SWPPP) FOR THE FACILTY. 4. RELIEF SOUGHT PURSUANT TO SECTION 3008(A) OF RCRA AND SECTION 309(G)(1) OF THE CWA, EPA PROPOSED A CIVIL PENAL- TY OF $93,530 FOR THE RCRA VIOLATIONS, AND $27,500 FOR THE CWA VIOLATIONS, FOR A TOTAL CIVIL PENALTY OF $121,030 FOR THE VIOLATIONS CITED. EPA ISS