Ask the Expert, Hazardous Waste Management

Hazardous Waste: Property Owner/Operator

Q. A company on my property has generated hazardous waste from past operations (subsurface cleanup) and I’m wondering if I must be identified as the legal owner and operator on the forms for the EPA ID Number and subsequent Biennial Reporting.

A. Yes, you must be identified as the legal owner of the generator site on the RCRA Subtitle C Site Identification Form (EPA Form 8700-12). This form is used to obtain an EPA identification number for an on-going regulated hazardous waste activity. It is also a component of the Hazardous Waste Report (EPA Form 8700-13 A/B) (aka the Biennial Report). The instructions to EPA Form 8700-12 call for the name and address of the “site’s legal owner” which is described as “the person who owns a RCRA site or part of a RCRA site” which includes “the owner(s) of the building(s) and/or land.” The owner may be “an individual, company, or business name.”

The name and address of the “site’s legal operator” must also be includedon EPA Form 8700-12. The operator is “the person responsible for the overall operation of a RCRA site” which is usually a “company or business name” rather than the plant or site manager, although the operator may be an individual.