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         DIRECTIVE^NUMBER: 9523.03(83)' '.''""'',.-'
               -f                        \
         TITLE: Land Owner Signature on Part A Applications


         APPROVAL DATE: 6-17-83

         EFFECTIVE DATE: 6-17-83
         ORIGINATING OFFICE: office of solid waste .,

         Q FINAL

         D DRAFT

           STATUS:
[
    A- Pending OMB approval
(  ]  B- Pending AA-OSWER approval
[  ]  C- For review &/or comment
[  ]  D- In development or circulating
         REFERENCE (other documents):
                                      headquarters
DIRECTIVE    DIRECTIVE    £

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PART 270 SUBPART B — PERNIT APPLICATION DOC: 9523.03(83)
Key Words: Part A Applications
Regulations: 40 CFR 270.10
Subject: Land Owner Signature on Part A Applications
Addressee: Tom Devine, Director, Air and Waste Management Division, Region IV
Originator: John Skinner, Director, Office of Solid Waste (WH—562)
Source Doc: i/9523.O3(83)
Date: 6—17—83
Summary:
Both the owner and operator of a hazardous waste management facility are
required to sign a permit application. A recent modifying proposal would allow
the DLrector to waive the owner’s signature in certain identifiable situations.
Responses to specific questions resulted in the following policy statements:
1. Incorrect signatures are a criminal violation if the signer knowingly
signs incorrectly, however, EPA will assume the applicants are dealing
in good faith. Public notice should serve to inform the public as to
who owns a facility——and any errors should therefore be reported to
EPA.
2. Title Searches are considered an inappropria:e use oE resources unless
there is good reason to believe the applicant is not the property owner.
If necessary, the permitting authority should conduct the title search.
3. EPA does not encounter any liability in issuing a permit to the wrong
party based on a Part A application which is incorrect——however, a
permit writer who accepts a signature that he knows is false may be
guilty of fraud.

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523 o
JLN 7 83
‘ IL MO RAN DU 1
SUBJECT: t..and O rier i.nature on Part A
Jonn Skinner
Director
Office of solid asces (‘ ri—562)
TO: ro Devine
Director
Air & Waste Management Division
egicn 4
Pursuant to S270.lO both the owner and oporator are re uired
to sian a er it application for a hazardous waste management
facility. This dual sic nature requirement s the suoject a:
recent proposal in the federal egister (JLIy 23, 1983) nicr
oaifies tne requirements or Dotn si natures so that, in certa
identitiable situations, the owner’s signa:ure rn.ay be wai.veU by
the Director. Ihe preamble to the proposal summarizes th le al
basis osnina the present si nacure requirements. These
regulations were proposed as a result of tne NP.JC settlement.
Ihey llJ. have no et ect on your questions.
The answers to your specific questions are:
L. Are incorrect signatures a cri ninal violation? Yes, if t.- e
signer knowingly signs tne permit application aitner ralsely
or incorrectly.
2. To what extent snould we try to ascertain no is tne property
owner (title search)? You should anerali 1 assume th person
claiming to be the property owner is tz e property owner. A
title search is an inappropriate use o resources unless you
have good reason to believe the applicant is not the rccerty
owne r.
3. That risk and liability does SPA encounter if we ssue
permit to the wrong party based on t! e part A wnich is
incorrect? N one, nowever a permit writer . rio accepts a
s1 nature that he Knows is fal or incorrect and whose
conduct is fraudulent under appllcaole state or Feceral
may be uilty of frauc.

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2
4. whose resources s iou1d be used to cnec c proper title? In tne
rare case where a title searcn is needec, the per 1ttin
autnority snoulc concuct the title searcn.
5. Sriould we be concerned t all or just let the Puolic Jotice
serve to inform and if r c one comes for’ ard assume the
Part A signature is correct? EPA must assume applicants are
dealirt in wood aitri, except In tnose situations ‘ here EPA
has gr,od reason to Delleve the applicant is not. Puolic
notice should orve to in:orm t ie uolic as to driO 0wn3 arid
wrlo operates tne facility. If . emoers of the uhlic snow of
an error, tricy sncuic Sc in orm ‘ PA.
cc: azardous waste Brancn Chiefs Reylons I—x

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