Boundary of hazardous waste facility established at time of permitting.

Topic: Environmental Law, Decided by: Judge Miller 
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.

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