Ariz. Admin. Code § 18-9-A212

Current through Register Vol. 30, No. 50, December 13, 2024

Section R18-9-A212 - Permit Transfer

A. The person subject to the continuance requirements under R18-9-105(A)(1), (2), or (3) shall notify the Department by certified mail within 15 days following a change of ownership. The notice shall include:

1. The name of the person transferring the facility;

2. The name of the new owner or operator;

3. The name and location of the facility;

4. The written agreement between the person transferring the facility and the new owner or operator indicating a specific date for transfer of all permit responsibility, coverage, and liability;

5. A signed declaration by the new owner or operator that the new owner or operator has reviewed the permit and agrees to the terms of the permit, including fee obligations under A.R.S. § 49-242; and

6. The applicable fee established in 18 A.A.C. 14.

B. A permittee may request that the Department transfer an individual permit to a new owner or operator.

1. The new owner or operator shall:

a. Notify the Department by certified mail within 15 days after the change of ownership and include a written agreement between the previous and new owner indicating a specific date for transfer of all permit responsibility, coverage, and liability;

b. Submit the applicable fee established in 18 A.A.C. 14;

c. Demonstrate the technical and financial capability necessary to fully carry out the terms of the permit according to R18-9-A202 and R18-9-A203;

d. Submit a signed statement that the new owner or operator has reviewed the permit and agrees to the terms of the permit; and

e. Provide the Department with a copy of the Certificate of Disclosure if required by A.R.S. § 49-109.

2. If the Director amends the individual permit for the transfer, the new permittee is responsible for all conditions of the permit.

C. A permittee shall comply with all permit conditions until the Director transfers the permit, regardless of whether the permittee has sold or disposed of the facility.

Ariz. Admin. Code § R18-9-A212

New Section adopted by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4). Amended by final rulemaking at 11 A.A.R. 4544, effective November 12, 2005 (05-3).