§ 35.4025. Is there any way my group can get a TAG if it is currently ineligible?
147 words·~1 min read·
/us/cfr/t40/s§ 35.4025·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
You can make your group eligible by establishing an identity separate from that of the PRP or other ineligible entity by making a reasonable demonstration of independence from the ineligible entity. Such a demonstration requires, at a minimum, a showing that your group has a separate and distinct:
(a)Formal legal identity (for example, your group has different officers); and
(b)Substantive existence (meaning, is not affiliated with an ineligible entity), including its own finances.
(1)In determining whether your group has a different substantive existence from the ineligible entity, you must establish for us that your group:
(i)Is not controlled either directly or indirectly, by the ineligible entity; and
(ii)Does not control, either directly or indirectly, an ineligible entity.
(2)You must also establish for EPA that a third group does not have the power to control both your group and an ineligible entity.