- :£nv'ifonminul Prwtcuon " " ';"" ^SoTid Wain " * A J.A^_~. J-* *»...•. ••*!>-. " Fm*rn«nrw 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 £ ------- 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. ------- 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. ------- 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 ------- |