1. SECTION 3008 OF THE RESOURCE CONSERVATION AND RECOVERY ACT OF 1976 ( RCRA ), 42 U.S.C. SECTION 6928, AS AMENDED BY THE HAZARDOUS AND SOLID WASTE AMENDMENTS OF 1984. 2. FERGUSON CONSTRUCTION CO., A NEW MEXICO CORPORATION 2200 S. COMMERCIAL STREET LOVINGTON, LEA COUNTY, NEW MEXICO 88260 3. RESPONDENT WAS IN VIOLATION OF SUBTITLE C OF RCRA BY 1) FAILURE TO SUBMIT NOTIFICATION OF HAZARDOUS WASTE ACTIVI- TY, 2) FAILURE TO MEET STORAGE PERMIT EXEMPTION REQUIRE- MENTS, 3) FAILURE TO LABEL USED OIL TANK, AND 4) FAILURE TO MAKE HAZARDOUS WASTE DETERMINATION. 4. RELIEF SOUGHT PURSUANT TO SECTION 3008 OF RCRA, EPA PRO- POSED A CIVIL PENALTY OF $60,775 FOR THE VIOLATIONS CITED AND ISSUED A COMPLIANCE ORDER TO THE RESPONDENT. THE COM- PLIANCE ORDER REQUIRED THE RESPONDENT TO: 1) WITHIN 30 DAYS, SUBMIT AND/OR REVISE A NOTIFICATION OF REGULATED WASTE ACTIVITY TO EPA OR NMED; 2) WITHIN 30 DAYS, LABEL ALL CONTAINER(S) USED TO STORE HAZ. WASTE WITH HAZARDOUS WASTE ; 3) WITHIN 30 DAYS, PLACE HAZ. WASTE IN ADEQUATE CONTAINER(S); 4) WITHIN 30 DAYS, MARK ALL HAZ. WASTE STORAGE CONTAINER(S0 WITH THE ACCUMULATION START DATE; 5) WITHIN 30 DAYS, PERFORM WEEKLY INSPECTIONS ON HAZ. WASTE STORAGE CONTAINER(S); 6) WITHIN 30 DAYS, KEEP HAZ. WASTE STORAGE CONTAINER(S) CLOSED, EXCEPT WHEN ADDING OR REMOV- ING HAZ. WASTE: 7) WITHIN 30 DAYS