Section 11-270-40 - 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 subsection 11-270-40(b) or paragraph 11-270-41(b)(2)) to identify the new permittee and incorporate such other requirements as may be necessary under HRS chapter 342J or the rules adopted thereunder.(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 11-270-42. The new owner or operator must submit a revised permit application no later than ninety 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 director. When a transfer of ownership or operational control occurs, the old owner or operator shall comply with the requirements of chapter 11-264, subchapter H (Financial Requirements) until the new owner or operator has demonstrated that he or she is complying with the requirements of that subchapter. The new owner or operator must demonstrate compliance with subchapter H 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 subchapter H, the director shall notify the old owner or operator that he or she no longer needs to comply with subchapter H as of the date of demonstration.[Eff 6/18/94; comp] (Auth: HRS §§ 342J-4, 342J-31, 342J-35) (Imp: 40 C.F.R. §270.40 )