(a) Any person who owns or operates an “existing HWM facility” or a facility in existence on the effective date of statutory or regulatory amendments under the Act that render the facility subject to the requirement to have a RCRA permit shall have interim status and shall be treated as having been issued a permit to the extent he or she has:
(1) Complied with the requirements of section 3010(a) of RCRA pertaining to notification of hazardous waste activity.
[Comment: Some existing facilities may not be required to file a notification under section 3010(a) of RCRA. These facilities may qualify for interim status by meeting paragraph (a)(2) of this section.](2) Complied with the requirements of § 270.10 governing submission of part A applications;
(b) Failure to qualify for interim status. If EPA has reason to believe upon examination of a part A application that it fails to meet the requirements of § 270.13, it shall notify the owner or operator in writing of the apparent deficiency. Such notice shall specify the grounds for EPA's belief that the application is deficient. The owner or operator shall have 30 days from receipt to respond to such a notification and to explain or cure the alleged deficiency in his part A application. If, after such notification and opportunity for response, EPA determines that the application is deficient it may take appropriate enforcement action.
(c) Paragraph (a) of this section shall not apply to any facility which has been previously denied a RCRA permit or if authority to operate the facility under RCRA has been previously terminated.
[48 FR 14228, Apr. 1, 1983, as amended at 49 FR 17718, Apr. 24, 1984; 50 FR 28753, July 15, 1985; 71 FR 40279, July 14, 2006]
Notes of Decisions
United States v. Conservation Chem. Co. of Illinois, 660 F. Supp. 1236 (N.D. Ind. 1987).
· cites it 2× “§ 6925 (e); 40 C.F.R. § 270.70 . The operation of a facility that has been granted interim status is limited to the types of wastes, as well as the processing, storage, and disposal procedures specified in the Part A application.”
United States v. Prod. Plated Plastics, Inc., 742 F. Supp. 956 (W.D. Mich. 1990).
“§ 6925 (e)(1); 40 C.F.R. § 270.70 (a). The Part A application listed Ladney as the facility’s owner and operator and was signed by Ladney.”
Abreu v. United States, 468 F.3d 20 (1st Cir. 2006).
“§§ 6925 (e), 6930(a); 40 C.F.R. § 270.70 (a) (2000). The primary dispute is whether the Navy timely initiated the second stage in the permitting process.”
United States v. Env't Waste Control, Inc., 698 F. Supp. 1422 (N.D. Ind. 1988).
“§ 6925 (e); 40 C.F.R. § 270.70 . A facility that has been granted interim status is limited to the type of wastes and processing, storage and disposal procedures specified in the Part A application.”
Northside Sanitary Landfill, Inc. v. Thomas, 804 F.2d 371 (7th Cir. 1986).
“§ 6925 (e); 40 C.F.R. § 270.70 . The operation of a facility that has been granted interim status is limited to the types of wastes, as well as the processing, storage, and disposal procedures specified in the Part A application.”
— 40 C.F.R. § 270.70(a)(2) — 1 case
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.