COUNT I. OWING AND OPERATING A HAZARDOUS WASTE STORAGE FACILITY WITHOUT A PERMIT OR INTERIM STATUS: RCRA SECTION 3005(A), 42 U.S.C. SECTION 6925(A), NORMALLY REQUIRES PERSON PERSONS OWNING OR OPERATING A FACILITY FOR THE TREATMENT, STORAGE, OR DISPOSAL OF HAZARDOUS WASTE TO OBTAIN A PERMIT. HOWEVER, GENERATORS OF HAZARDOUS WASTE MAY ACCUMULATE HAZARDOUS WASTEON-SITE FOR 90 DAYS OR LESS WITHOUT A PERMIT OR INTERIM STATUS PROVIDED THAT THE GENERATOR COMPLIES WITH CERTAIN PROVISION OF RCRA SET FORTH IN 40 C.F.R. 262.34(A) AND COMAR 26.13.03.05E(1). DUE TO CERTAIN ACTS OR OMISSIONS OMISSIONS, RESPONDENT, AT THE TIME OF EPA'S INSPECTION FAILED TO QUALIFY FOR THE PERMIT EXEMPTION PROVIDED UNDER 40 C.F.R. 262.34(A) AND COMAR 26.13.03.05E(1) FOR STORAGE OF HAZARDOUS WASTE. NAMELY, RESPONDENT FAILED TO MARK ITS HAZARDOUS WASTE CONTAINERS WITH THE ACCUMULATION COMMENCEMENT DATES, FAILED TO MARK ITS CONTAINER WITH THE LABEL HAZARDOUS WASTE , LEFT ITS HAZARDOUS WASTE CONTAINERS OPEN AT TIMES OTHER THAN THE NECESSARY TO ADD OR REMOVE CONTENTS, FAILED TO HAVE SECONDARY CONTAINMENT, AND DID NOT INSPECT THE HAZARDOUS WASTE STORAGE AREA AS REQUIRED UNDER THE RCRA REGULATIONS. COUNT II. FAILURE TO MAKE HAZARDOUS WASTE DETERMINATION: 26.13.13.02 REQUIRES A PERSON WHO GENERATES A SOLID WASTE TO DETERMINE IF THAT WASTE IS A HAZARDOUS WASTE. RESPONDENT GENERATED SOLID WASTE AS THAT TERM IS DEFINED UNDER THE