On December 30, 2002, the United States Environmental Protection Agency - Region III issued an Administrative Complaint and Notice of Opportunity for a Hearing ( Complaint ) against Cytec Engineered Materials, Inc. ( Respondent ), the owner and operator of a facility located at 1300 Revolution Street, Havre De Grace, Maryland (the Facility ). The Complaint was filed pursuant to Section 3008(a) and (g) of RCRA, 42 U.S.C. �� 6928(a) and (g).
The Complaint alleges violations of RCRA Subtitle C, 42 U.S.C. ���� 6921 et seq., and EPA's regulations thereunder at 40 C.F.R. Parts 260 through 268, the State of Maryland's revised authorized hazardous waste program, set forth at the Code of Maryland Regulations, Title 26, Subtitle 13 et seq., and violations of Respondent's Controlled Substance Storage and Treatment Facility Permit ( RCRA Permit ), No. A-220. Specifically, the Complaint alleges that Respondent failed to keep a container closed during storage in accordance with its RCRA Permit, failed to meet the air emission control requirements for containers pursuant to 40 C.F.R. Part 264, Subpart CC, failed to maintain its secondary containment system for the storage of containers in good repair in accordance with its RCRA Permit, and failed to maintain copies of manifests signed by the owners or operators of the TSD facility or, in the alternative, failed to submit an exception report to MDE in accordance with the same. The proposed penalty for the alleged violations