&EPA
             United States
             Environmental Protection
             Agency
           Office of
           Solid Waste and
           Emergency Response
DIRECTIVE NUMBER: 9523.01(85)
TITLE:  Required Signatures on Part B .Permit Applications

APPROVAL DATE:  2-25-85
EFFECTIVE DATE:  2-25-35
ORIGINATING OFFICE:: office of solid waste
53 FINAL
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REFERENCETother documents):'
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                                                           - 9523.01 (85).
                             FEB 25 1985
Mr. John R. Knight
Manager of R»fining
Plying J, Inc.
P. 0. Box 2328
Williston, North Dakota

D«ar Mr. Knightt
58301
     In your letter of February  1,  1985, you  askad for EPA's
position concerning a situation  where  the  property owner
refuses to co—sign a Part B application made  by  the operator
of a hazardous waste facility.      .                .

     In your case, I understand  that the U.S.  Corps of Engineers
is the owner of property on which you  are  operating a PCRA  regu-
lated surface impoundment.  The  Corps  of Engineers apparently
prefers not to co-sign the Part  B application  you  submitted.
Our regulations require that "the owner aust  also  sign the  permit
application* aade by an operator—of a  facility [40 CFR 270.10(b)].
If the owner chooses not to sign the application then a RCRA
permit cannot be  issued.  EPA would then deny  the  perait.   Dpon
denial of the perrait, the owner  or operator must submit a closure
plan and close in accordance with S265.112(c)  and  5265.223.

     EPA encourages Plying J, Inc. and the Corps of Engineers to
work together to develop a cooperative course  of action concerning
the future of the unit.

                                       Sincerely  yours,
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                                      John H.  Skinner
                                      Director
                                      .Off ice-of. Solid Waste
bcc:  Mr. Robert Duprey
      Mr. Bruce V.'eddle
      Mr. Peter Guerrero
      Mr.'Terry Grogan
      Mr. Rich Steinle

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     "ulacions:   40 CFR 270.10(b),  265.112(c),  265,  228

   'ubjecc:       Required Signatures on Part B  Permit Applications
   Addressee:


'\s Originator:
  s.

   Source Doc:

   Date:

   Summary:
John R. Knight, Manager of Refining, Flying J. Inc., P.O. Box
2328, Williston, ND  58801

John'H. Skinner, Director, Office of Solid Waste

#9523.01(85)

2-25-85
        RCRA regulations require the signatures of both the owner and operator of
   a hazardous waste facility on the Part B application.  Without both signatures,
   EPA would deny the permit.  Upon denial of the permit, the owner or operator
   must submit a closure plan 'and close in accordance with §265.112(c) and
   §265.228.

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