Section 096-2-20 - License Renewals, Amendments and TransfersApplications for the renewal, amendment or transfer of a license are subject to all provisions of this rule and the following requirements.
A.Renewals. Renewal applications must be submitted prior to the expiration of the existing license. If a renewal application is not timely submitted prior to expiration of the existing license or is timely submitted but not accepted as complete for processing in accordance with section 10(B) of this rule, the license lapses. If the renewal application is timely submitted prior to the expiration of the license and accepted as complete for processing in accordance with section 10(B) of this rule, the terms and conditions of the existing license remain in effect until the final Department decision on the renewal application becomes effective. Renewal applications to extend the expiration date for projects that have not commenced construction are subject to the procedural and substantive requirements in effect at the time of acceptance of the renewal application.B.Amendments. Unless exempted from licensing requirements by statute or rule, an amendment or minor revision application must be submitted to the Department before undertaking any modification of a project that is the subject of a Department license. Written approval for the modification must be received before the modification is undertaken. If a licensee seeks to amend a license regarding an issue that was the subject of a Board decision on appeal of that license, notice of the amendment or minor revision application must be provided to the last known address for all appellants in accordance with section 13 of this rule.C.Transfers. Except as provided in this section, every license issued by the Department is non-transferable unless the Department approves the license transfer. The proposed transferee must submit a license transfer application and both the transferor and the transferee must sign a transfer application, except as provided in this section. An application for the transfer of a waste discharge license must be submitted no later than two weeks after any transfer of ownership of property subject to a license. The prospective transferee for a waste discharge license must abide by all terms and conditions of the license it seeks to transfer and is jointly and severally liable with the current licensee for any violation of the terms and conditions of that license during the pendency of the license transfer application.
The transfer of a license for a hazardous waste facility, solid waste disposal facility, waste oil facility or biomedical waste facility must be approved prior to the transfer of ownership of the property which is the subject of the license.
An application to transfer any other type of license must be submitted within 60 days of the transfer of ownership of property subject to a license. The Department may extend the deadline to submit a transfer application for good cause.
The proposed transferee must demonstrate to the Department's satisfaction the technical and financial capacity and intent to:
(a) comply with all terms and conditions of the applicable license, and(b) satisfy all applicable statutory and regulatory criteria.(1) Licenses pertaining to the occupational activities of persons (including but not limited to transporter licenses, underground oil storage tank installer licenses, asbestos or lead professional licenses) are not transferable, unless specifically allowed by statute or rule.(2) If the proposed transferee demonstrates that the current licensee no longer has sufficient title, right or interest in the property subject to the license, the Department may process the transfer application without the signature of the current licensee.06-096 C.M.R. ch. 2, § 20