R315-310-11. Permit Transfer  


Latest version.
  •   (1) A permit may not be transferred without approval from the Director, nor shall a permit be transferred from one property to another.

      (2) The new owner or operator shall submit to the Director:

      (a) A revised permit application no later than 60 days prior to the scheduled change and

      (b) A written agreement containing a specific date for transfer of permit responsibility between the current and new permittees.

      (3) The new permittee shall:

      (a) assume permit requirements and all financial responsibility;

      (b) provide adequate documentation that the permittee has or shall have ownership or control of the facility for which the transfer of permit has been requested;

      (c) demonstrate adequate knowledge and ability to operate the facility in accordance with the permit conditions; and

      (d) demonstrate adequate financial assurance as required in the permit and R315-309 for the operation of the facility.

      (4) When a transfer of ownership or operational control occurs, the old owner or operator shall comply with the requirements of Rule R315-309 until the new owner or operator has demonstrated that it is complying with the requirements of that rule.

      (5) An application for permit transfer may be denied if the Director finds that the applicant has:

      (a) knowingly misrepresented a material fact in the application;

      (b) refused or failed to disclose any information requested by the Director;

      (c) exhibited a history of willful disregard of any state or federal environmental law; or

      (d) had any permit revoked or permanently suspended for cause under any state or federal environmental law.