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SANDERS LEAD COMPANY, INC. v. THOMAS

No. 86-7459.

813 F.2d 1190 (1987)

SANDERS LEAD COMPANY, INC., Petitioner, v. Lee M. THOMAS, in his capacity as Administrator of the United States Environmental Protection Agency, and the United States Environmental Protection Agency, Respondents.

United States Court of Appeals, Eleventh Circuit.

April 6, 1987.

Attorney(s) appearing for the Case

James S. Stokes, Alston & Bird, Nill V. Toulme, Sydney S. Cleland, Atlanta, Ga., for petitioner.

Joseph Freedman, U.S.E.P.A., Office of General Counsel, Washington, D.C., for Lee Thomas and E.P.A.

Michael D. Rowe, U.S. Dept. of Justice, Land & Natural Resources Div., Washington, D.C., for respondents.

Before RONEY, Chief Judge, HILL and KRAVITCH, Circuit Judges.

BY THE COURT:

The Resource Conservation and Recovery Act (RCRA), 42 U.S.C.A. § 6901, et seq., requires a "permit" for the operation of a hazardous waste management facility. Sanders Lead Company, Inc. was operating under an "interim status" pending completion of its RCRA permit application. As an "interim status" facility, Sanders was subject to certain performance standards, including requirements for sudden and nonsudden accidental occurrences insurance...

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