Idaho Admin. Code r. 58.01.17.800

Current through September 2, 2024
Section 58.01.17.800 - PERMIT TRANSFER
01.General. A permit may be transferred only upon Department approval. No transfer is required for a corporate name change if the permittee, via secretary of state filings, can verify a change in name alone occurred. An attempted transfer is not effective until approved in writing by the Department.
02.Request. Either the permittee or the person to whom the permit is proposed to be transferred (transferee) must submit to the Department for transfer at least thirty (30) days before the proposed transfer date. The request for transfer includes:
a. Legal name and address of the permittee;
b. Legal name and address of the transferee;
c. Location and the common name of the facility;
d. Date of proposed transfer;
e. Sufficient documentation for the Department to determine that the transferee will comply with IDAPA 58.01.16, "Wastewater Rules," relating to technical, financial, and managerial capacity;
f. Signed declaration by the transferee that the transferee has reviewed the permit and understands the terms of the permit;
g. Sworn statement that the request is made with the full knowledge and consent of the permittee if the transferee is submitting the request;
h. Identification of any judicial decree, compliance agreement, enforcement order, or other outstanding obligating instrument, the terms of which have not been met, along with legal instruments sufficient to address liabilities under such decree, agreement, order, or other obligating instrument; and
i. Other information the Department may reasonably request.
03.Effective Date. The effective date of the transfer is the date of the Department's approval.
04.Compliance with Permit Conditions. Responsibility for compliance with the permit and liability for any associated violation is assumed by the transferee upon the effective date. Before transfer approval, the permittee is responsible for complying with the permit and is liable for any associated violation, regardless of whether ownership or operational control of the permitted facility has been transferred.
05.Transferee Liability Before Transfer Approval. If a proposed transferee causes or allows operation of the facility under his ownership or control before approval of the permit transfer, the transferee is considered to be operating without a permit or authorization required by these rules and may be cited for additional violations as applicable.
06.Compliance Record of Transferee. The Department may consider the prior compliance record of the transferee, if any, in the decision to approve or disapprove a transfer.

Idaho Admin. Code r. 58.01.17.800

Effective April 6, 2023