Boundary of hazardous waste facility established at time of permitting.
Docket Number: 1343555 , Decision Date: October 21, 2013
Attachment: Click here to download the decision.
Under the federal Resource Conservation and Recovery Act of 1976 and the Georgia Hazardous Waste Management Act, the boundaries of a hazardous waste facility are established at the time of permitting. Subsequent transfer of a portion of the permitted property does not change the boundary of the facility—even if the portion of the property purchased, standing alone, would not have otherwise been subject to a permit. Thus, when Pinova Inc. purchased a portion of a facility already subject to a permit, it became a part-owner of the facility and, therefore, must be named on the permit.