On June 30, 2005, Region III issued an Administrative Complaint, Compliance Order and Notice of Opportunity for a Hearing against Marc Mathys doing business as GreenTree Spray Technologies, LLC, the owner and/or operator of an aerosol can formulation facility located at 105 Park Avenue, Seaford, Delaware). The Complaint is to be filed pursuant to Section 3008(a) and (g) of the Resource Conservation and Recovery Act ), 42 U.S.C. 6928(a) and (g).
The Complaint alleges violations of RCRA Subtitle C, 42 U.S.C.6921 et seq., the regulations promulgated thereunder at 40 C.F.R. Parts 260-265, 268, and 270, and the authorized Delaware Regulations Governing Hazardous Waste codified at DRGHW Parts 122, 124, and 260-279. Specifically, the Complaint alleges that Respondent operated a hazardous waste storage facility without a permit or interim status because it failed to qualify for the generator accumulation exemption requirements as set forth at 262.34(a).
In addition, the Complaint also alleges that Respondent failed to keep hazardous waste containers closed, failed to provide hazardous waste training to Facility personnel, failed to conduct weekly inspections, failed to maintain an adequate contingency plan, failed to submit
The total proposed penalty for the Complaint is $103,738.00.