DIRECTIVE NUMBER: 9523.03(83) • . -
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TITLE: Land Owner Signature on Part A Applications
APPROVAL DATE: 6-17-83
EFFECTIVE DATE: 6-17-83
ORIGINATING OFFICE: office of solid waste .
0 FINAL
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STATUS: r :
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TE DIRECTIVE
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DIRECTIVE L
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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 lanagement Division, Region LV
Originator: John Skinner, Director, Office of Solid Waste (WH—562)
Source Doc: ‘ 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 Director to waive the owner’s signature in certain identifiable situations.
Responses to specific questions resulted in the following policy statements:
. tncorrect 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. TLtle Searches are considered an inapproprid:e use of 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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9523 j
JUN I 7
4EMOPSANDU 1
SUBJECT: Land O;4rier i nature on Part A
Jonn Skinner
D i. rector
O ice o solid . asces ( n—562)
To Devine
Director
Air & waste Management Division
- eç ion 4
Pursuant to S270,1O both the owner and operator are re uired
to sian a permit application for a hazardous waste management
facility’. This dual signature requirement s the suoject o:
recent proposal in the federal egister (JLIy 23, 1983) ini.cr
ocifles trio requirements or ootn si naturas so that, in certa n
identitiable situations, the owner’s signature m.ay be waived by
the Director. 1he preamble to trie proposal surnmarizes trie le. al
basis oeni.no the present signature requirements. These
regulations ware proposed as a result of tne PDC settlement.
they will have no effect on your questions.
The answers to your specific questions are:
L. Are incorrect signatures a criminal violaticn? Yes, if tne
signer knowingly signs tne permit application aitner tai ely
or incorrectly.
2. To what extent snould we try to ascertain no is cne property
owner (title search)? ou should 3nerali 1 assume the person
claii lng to be the property owner is t.ne property 3wner. A
title search is an inappropriate use OL resources unless jou
have gc d reason to believe the applicant is not the procerty
owne r.
3. ihat risk and liability does EPA encounter i we issue a
p ermit to the wron party based on t e part nich is
incorrect? ‘Jone, nowever a permit writer . rio accepts a
si. nature that he n ws is al e or incorrect and whose
conduct is fraudulent under applicaole state or Feceral law,
may e uilt of frauc.
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4. whose resources sriould be used to cneck proper title? In tt e
rare case where a title search is neede , the pern.ittin
authority snoulc conouct the title search.
5. Snould we be concerned at all or just let the ?u lic ot1ce
serve to inform and it ncø one comes forward assume t e
Part A signature is correct? CPA must assume a licants ara
dealin in oc roitn, except In tnose situations where EPA
has good reason to Delieve the applicant is not. Puolic
notice should crve to inform the uolic as to no ownS ano
w o operates the ± cility. tf emoers of the public snow of
an error, r. ey sncuiu 50 intorm EPA.
cc: azardous waste Brancn Chiefs r e ions r—x
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