Frequent Questions

Who is required to maintain a permit when a property is owned by one party and leased by another?

Owners and operators of hazardous waste management units must have permits during the active life of the units (40 CFR §270.1(c)). A permit for a hazardous waste management unit located on leased property must be signed both by owner of property and operator of the unit. The owner or operator of a facility includes the owner of the land, the owner of the structures, and the operator of the facility or unit. Because both the owner and the operator of facility must sign the permit application (40 CFR 270.10(b)), the two parties are jointly and severally liable for all RCRA requirements, including closure (See also memorandum, Weddle to Cooper; December 13, 1985 (RCRA Online #12515)). 

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