Current through Reigster Vol. 28, No. 6, December 1, 2024
Section 1302-122-D-122.40 - 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 Section 122.40 (b) or Section 122.41 (b)(2)) to identify the new permittee and incorporate such other requirements as may be necessary under 7 Del.C., Chapter 63.(b) Changes in the ownership or operation control of a facility may be made as a Class 1 modification with prior written approval of the Secretary in accordance with Section 122.42. The new owner or operator must 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 must also be submitted to the Secretary. When a transfer of ownership or operational control occurs, the old owner or operator shall comply with the requirements of Part 264, Subpart H (Financial Requirements) until the new owner or operator has demonstrated that he or she is complying with the requirements of that subpart. The new owner or operator must demonstrate compliance with Subpart H requirements within six months of the date of the change of ownership or operational control of the facility. Upon demonstration to the Secretary by the new owner or operator of compliance with Subpart H, the Secretary shall notify the old owner or operator that he or she no longer needs to comply with Subpart H as of the date of demonstration. (Amended August 10, 1990)
7 Del. Admin. Code § 1302-122-D-122.40