Claim 1. Notification Requirements
21. The allegations in Paragraphs 1-20 are re-alleged and incorporated herein by reference.
22. Pursuant to Section 3010(a) of RCRA, 42 U.S.C. ? 6930(a), any person generating a characteristic or listed hazardous waste shall file with EPA or the authorized state a notification stating the location and general description of such activity and the identified characteristic or listed hazardous waste handled by such person. No identified characteristic or listed hazardous waste subject to this subchapter may be transported, treated, stored, or disposed of unless notification has been given as required by Section 3010(a) of RCRA, 42 U.S.C. ? 6930(a).
23. Respondent did not file with the EPA or the State of Texas, an authorized state, an adequate and timely notification of its hazardous waste activities at the Facility during 2018 and 2019 in violation of Section 3010(a) of RCRA, 42 U.S.C. ? 6930(a) and 30 Texas Admin. Code ? 335.6(c).
Claim 2. Failure to Operate within Its Stated Generator Status
24. The allegations in Paragraphs 1-20 are realleged and incorporated herein by reference.
25. During the Investigation, EPA determined that the Targa Downstream Facility declared its generator status as a Conditionally Exempt Small Quantity Generator.
26. Pursuant to 30 Texas Admin. Code ? 335.78(b), [40 C.F.R. ? 261.5(b)], as long as a CESQG complies with the applicable requirement under 30 Texas Admin. Code ?? 335.78(e), (f), (g) and (j