. SECTIONS 3008(G) AND (G) OF THE RESOURCE CONSERVATION AND RECOVERY ACT ( RCRA ), 42 U.S.C. SECTIONS 6928(A) AND (G). 2. ASARCO, INC. - AMARILLO FACILITY HIGHWAY 136 AND FOLSOM ROAD AMARILLO, POTTER COUNTY, TEXAS 79105 3. RESPONDENT WAS IN VIOLATION OF SECTION 3010 OF RCRA BY 1) FAILING TO NOTIFY OF ITS HAZARDOUS WASTE ACTIVITY AS RE- QUIRED, 2) FAILING TO COMPLY WITH THE REQUIREMENTS FOR FACILITIES STORING HAZARDOUS WASTE FOR PRECIOUS METAL RE- COVERY, BY FAILING TO KEEP RECORDS DOCUMENTING THAT THE SPENT REFACTORY BRICK WAS NOT SPECULATIVELY ACCUMULATED, I.E. - THAT AT LEAST 75% OF THE BRICK WAS BEING RECYCLED DURING EACH CALENDAR YEAR, AND 3) FAILING TO MANIFEST THE BRICK SHIPPED TO EAST HELENA AS REQUIRED. 4. RELIEF SOUGHT PURSUANT TO SECTIONS 3008(A) AND (G) OF RCRA, EPA SUBMITTED THIS DIRECT REFERRAL TO DOJ TO PURSUE A CIVIL ENFORCEMENT ACTION AGAINST THE RESPONDENT. EPA IS SEEKING CIVIL PENALTIES OF $520,785. 5. DOJ IS IN THE PROCESS OF NEGOTIATING A SETTLEMENT WITH ASARCO, INC. THAT INVOLVES VARIOUS FACILITIES IN REGION 4, 6, AND 8. THE VIOLATIONS ALLEGED IN THIS REFERRAL WILL PROBABLY BE INCLUDED IN THOSE NEGOTIATIONS.