Environmental Administrative Decisions Volume 5; Decisions of the United States Environmental Protection Agency (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1994-01 Excerpt: ...statement. Accordingly, National could have made provision contractually for Tejon's participation in the application process. If it was unable to reach an appropriate accord with Tejon, that failure rather than any regulatory barrier constitutes the real reason for having the permit application denied. Under the circumstances, National cannot be heard to complain about Tejon's supposed "dilemma." Any unwillingness or inability on the part of Tejon to furnish the requisite certification is the direct result of the failure of National and Tejon to structure their relationship such that Tejon was in a position to (and, in fact, mandated to) take part in the application process so as to allow it to submit the necessary certification. For all the foregoing reasons, we are not persuaded that the plain, unambiguous language of section 270.11(d) can be read so as to relieve an absentee landowner of the obligation to sign a certification statement.17 The language of the regulation, the history of the regula 16This is because the same problem arose in the permit proceedings involving Systech, National's hazardous waste fuel supplier. Systech's facility is also located on land owned by Tejon under a sublease from National. On April 29, 1991, the Agency sent Systech an NOD citing the lack of Tejon's signature and certification as a deficiency in Systech's application. (Before the State of California became authorized to administer its own RCRA program, the Agency had begun to process Systech's application for a RCRA permit.) In the fall of 1991, at the request of Systech, the Region's representatives met with representatives from Systech, National and Tejon to discuss the NOD. At that time, the Region agreed to consider the possibility of accepting altern...