On October 16, 2002, October 31, 2002 and November 1, 2002, authorized EPA representatives conducted compliance evaluation inspections at the Brown Station Road Landfill, a county-owned and operated municipal solid waste landfill. Based upon the facts, evidence and information obtained during the EPA inspections of the Facility and in the Respondents response to a Clean Air Act Section 114 information request letter, the following violations of Maryland's EPA-approved MSW landfill 111(d) plan regulations are noted at the Facility and that such violations are continuing in nature:
1. The Respondents failed to comply with the requirements of COMAR Sections 26.11.19.20E(1)(a) through (c) and E(2)(b) by failing to:
a. timely release purchase orders or contracts for the construction of an NMOC
gas collection and control system at Area B of the Facility;
b. timely begin NMOC gas collection and control system construction at Area B of the Facility;
c. timely complete NMOC gas collection and control system construction at Area B of the Facility;
d. timely achieve compliance at each of the 5-year active landfill cells at Area B of the Facility (i.e., Area B landill cells 9,6,8,4 and 3) pursuant to the schedule set forth in COMAR Sections 26.11.19.20E(1)(a) through (c) and E(2)(b).
2. The Respondents have failed to comply timely with each of the compliance, specifi