Section 40C-1.612 - Transfer of Ownership or Permit(1) Transfer of Ownership or Control. Within 30 days of any transfer of ownership or control of the real property at which any permitted facility, system or activity solely authorized under paragraph 62-330.020(2)(i), F.A.C., and section 1.2.3 of the document entitled "Environmental Resource Permit Applicant's Handbook, Volume II: For Use Within the Geographic Limits of the St. Johns River Water Management District, " which is incorporated by reference in paragraph 40C-4.091(1)(a), F.A.C., for a permit under chapter 40C-44, F.A.C. (hereafter referred to as a "40C-44 system or activity"), or consumptive use is located or authorized, or transfer of ownership or control of any such facility, system, activity, or well with a permitted consumptive use, the permittee must notify the District in writing of the transfer, giving the name and address of the new owner or person in control and providing a copy of the instrument effectuating the transfer.(2) Transfer of Permit. (a) Transfer without Conversion to Operation Phase. To transfer a permit that does not involve a conversion of a construction permit for a 40C-44 system or activity to its operation phase, the permittee must provide the information required in subsection (1), above, together with a written statement from the proposed transferee that it will be bound by all terms and conditions of the permit. Additionally, where applicable, the proposed transferee must demonstrate that it is capable of constructing, operating, and maintaining the permitted facility, 40C-44 system or activity, consumptive use, or well. Once the required information has been provided, the District shall transfer the permit to the proposed transferee in accordance with paragraph (5)(a), below. A permit issued pursuant to chapter 62-330 or 62-342, F.A.C., other than a permit for a 40C-44 system or activity, shall not be subject to this rule.(b) Transfer with Conversion to Operation Phase. To transfer a construction permit for a 40C-44 system or activity to its operation phase, a written statement from the proposed transferee is not required when the permit transfer would be to the operation and maintenance entity approved by the permit. Otherwise, all remaining requirements in paragraph (2)(a), above, apply to a request under paragraph (2)(b). Once the required information has been provided, the District shall convert the permit to its operation phase and transfer the permit to the proposed transferee in accordance with paragraph (5)(b), below.(c) Transfer of an Operating Permit for Entire 40C-44 System or Activity. Except as otherwise provided in sections 373.426 and 373.429, F.S., when a permittee notifies the District in writing within 30 days of a change in ownership or control of an entire 40C-44 system or activity covered by a 40C-44 operating permit, the District shall transfer that operating permit to the new owner or person in control. If the permittee fails to notify the District in writing within 30 days of the change in ownership or control or if a transfer of ownership or control does not include the entire permitted 40C-44 system or activity, then the transfer shall be governed by paragraphs (2)(a) and (5)(a).(3) The permittee is encouraged to request a permit transfer prior to the sale or legal transfer of the real property at which a permitted facility, 40C-44 system or activity, or consumptive use is located or authorized. However, the permit transfer shall not be effective prior to the sale or legal transfer.(4) Until the permit transfer has occurred, the permittee and any other person constructing, operating, or maintaining the permitted facility or system shall be liable for compliance with the terms of the permit. The permittee transferring the permit shall remain liable for corrective actions that may be required as a result of any violations occurring prior to the transfer of the permit.(5) Timeframes for Transfers. (a) Transfer without Conversion to Operation Phase. Except for those transfers associated with the conversion of a construction permit for a 40C-44 system or activity to its operation phase (which are addressed in paragraph (5)(b), below), the District shall transfer a permit within 5 days of receiving a complete request for transfer pursuant to subsection (1) and paragraph (2)(a), above. However, the District may toll the time for the transfer by notifying the permittee, within 30 days of receipt of the request, that additional information is required to adequately review the transfer request pursuant to subsection (1) and paragraph (2)(a), above, or that deficiencies in the permitted facility, 40C-44 system or activity, consumptive use, or well must be corrected prior to transfer. Within 30 days of receipt of the additional information that meets the requirements of subsection (1) and paragraph (2)(a), above, and of verification of the corrected deficiencies, the District shall transfer the permit. If the District therafter fails to transfer the permit within 30 days, the transfer shall be deemed approved. If the permittee fails to provide the requested information within 90 days of receipt of the request for additional information, then the request for transfer shall be subject to administrative denial without prejudice and the provisions of rule 40C-1.1008, F.A.C., shall apply.(b) Transfer with Conversion to Operation Phase. Within 60 days of receiving a complete request to convert a construction permit for a 40C-44 system or activity to its operation phase and to transfer the permit to the operation and maintenance entity, pursuant to paragraph (2)(b), above, the District shall convert the permit from its construction phase to its operation phase and transfer the permit to its operation and maintenance entity. However, the District may toll the time by notifying the permittee, within 30 days of receipt of the request, that additional information is required to adequately review the request, pursuant to subsection (1) and paragraph (2)(b), above, or that deficiencies in the permitted system or activity must be corrected prior to conversion and transfer. Within 30 days of receipt of the additional information that meets the requirements of subsection (1) and paragraph (2)(b), above, and of verification of the corrected deficiencies, the District shall convert the construction permit to its operation phase and transfer the permit to the operation and maintenance entity. If the District thereafter fails to convert or transfer the permit within 30 days, the conversion and transfer shall be deemed approved. If the permittee fails to provide the requested information within 90 days of receipt of the request for additional information, then the request for transfer shall be subject to administrative denial without prejudice and the provisions of rule 40C-1.1008, F.A.C., shall apply.(c) Transfer of an Operating Permit for Entire 40C-44 System or Activity. Except as otherwise provided in sections 373.426 and 373.429, F.S., the District shall transfer a 40C-44 operating permit for an entire 40C-44 system or activity to the new owner or person in control within 60 days of receiving written notice in accordance with paragraph (2)(c), above.(6) For any system or activity authorized by a permit issued pursuant to chapters 40C-4, 40C-40, or 40C-42, F.A.C., before (October 1, 2013), the provisions in subsections (1) through (5), above, shall apply except that any references to 40C-44 systems or activities will be replaced with the rule chapter that authorized the permit (chapter 40C-4, 40C-40, or 40C-42, F.A.C.).Fla. Admin. Code Ann. R. 40C-1.612
Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.083, 373.171, 373.309, 373.413, 373.413, 373.4131, 373.416, 373.426, 373.429, 373.436 FS.
New 8-1-89, Amended 10-19-89, 7-20-95, 11-6-95, 10-1-13, 6-1-18.New 8-1-89, Amended 10-19-89, 7-20-95, 11-6-95, 10-1-13, 6-1-18.