1) Nature of the problem and the matter to be addressed: Contrary to the original position of KBF Pollution Management, Inc. ( KBF ) and American Metals Recovery Corp ( AMRC ), some of the facility's activities are regulated under RCRA, and the facility has been operating in a state of routine noncompliance. Specifically: [1] KBF/AMRC, which has not obtained a storage permit, stores the partially-reclaimed metal concentrates which result from its reclamation activities before sending them offsite for further reclamation; some of these partially-reclaimed metal concentrates are hazardous wastes because they meet the listing description for the F006 waste code or because they are derived from, or mixed with, F006 waste. Although some of the partially-reclaimed metal concentrates may be hazardous wastes for other reasons, this complaint only addresses those which are F006 waste. Through its storage of such hazardous wastes without obtaining a storage permit, the facility significantly increases the likelihood of a release of hazardous waste to the environment. [2] The facility has failed to prepare manifests before offering for transportation offsite that subset of its partially-reclaimed metal concentrates which are F006 hazardous waste, and some of these F006 wastes were transported to facilities which were not authorized to receive hazardous wastes. When a generator or an owner/operator of a facility offers for transport hazardous waste without a manifest (bills of ladi