R315-270-40. Hazardous Waste Permit Program -- Transfer of Permits

  (a) A permit may be transferred by the permittee to a new owner or operator only if the permit has been modified or revoked and reissued, under Subsection R315-270-40(b) or 41(b)(2), to identify the new permittee and incorporate such other requirements as may be necessary under the appropriate Act.

  (b) Changes in the ownership or operational control of a facility may be made as a Class 1 modification with prior written approval of the Director in accordance with Section R315-270-42. The new owner or operator shall submit a revised permit application no later than 90 days prior to the scheduled change. A written agreement containing a specific date for transfer of permit responsibility between the current and new permittees shall also be submitted to the Director. When a transfer of ownership or operational control occurs, the old owner or operator shall comply with the requirements of Sections R315-264-140 through 151 until the new owner or operator has demonstrated that he or she is complying with the requirements of Sections R315-264-140 through 151. The new owner or operator shall demonstrate compliance with Sections R315-264-140 through 151 requirements within six months of the date of the change of ownership or operational control of the facility. Upon demonstration to the Director by the new owner or operator of compliance with Sections R315-264-140 through 151, the Director shall notify the old owner or operator that he or she no longer needs to comply with Sections R315-264-140 through 151 as of the date of demonstration.