1. SECTION 3008 OF THE RESOURCE CONSERVATION AND RECOVERY ACT ( RCRA ), 42 U.S.C. SECTION 6928. 2. MARINE INDUSTRIAL FABRICATION, A LOUISIANA CORPORATION PORT OF CALL MARINA ROAD NEW IBERIA, IBERIA PARISH, LOUISIANA 70562 3. RESPONDENT WAS IN VIOLATION OF SUBTITLE C OF RCRA BY 1) FAILURE TO MAKE A HAZARDOUS WASTE DETERMINATION, 2) FAIL- URE TO MEET THE EXEMPTION REQUIREMENTS OF 90 DAYS OR LESS HAZARDOUS WASTE STORAGE FOR GENERATORS, 3) FAILURE TO LA- BEL USED OIL CONTAINERS, AND 4) FAILURE TO PREPARE AND IMPLEMENT AN ADEQUATE SPILL PREVENTION CONTROL AND COUNT- ERMEASURE PLAN. 4. RELIEF SOUGHT PURSUANT TO SECTION 3008 OF RCRA, EPA PRO- POSES A CIVIL PENALTY OF $24,530 AND ISSUED A COMPLIANCE ORDER TO THE RESPONDENT. THE ORDER REQUIRES THE RESPOND- ENT TO (UPON RECEIPT OF COMPLAINT): A) MAKE HAZ. WASTE DETERMINATIONS ON ALL SOLID WASTES GENERATED AT ITS FACI- LITY; B) TAKE THE NECESSARY STEPS TO ENSURE THAT EACH CONTAINER OF HAZ. WASTE HAS VISIBLE FOR INSPECTION, THE DATE EACH PERIOD OF ACCUMULATION BEGINS, AND LABELED OR CLEARLY MARKED WITH HAZARDOUS WASTE ; C) TAKE THE NECES- SARY STEPS TO ENSURE THAT EACH CONTAINER USED TO STORE HAZ. WASTE IS MADE OF OR LINED WITH MATERIALS WHICH WILL NOT REACT WITH, OR BE INCOMPATIBLE WITH, THE HAZ. WASTE BEING STORED; D) TAKE THE NECESSA