Section Env-Sw 1202.06 - Permit Transfer Limitations and Requirements(a) A permit-by-notification shall be non-transferable, except as provided in (d) below.(b) In the event a permit-by-notification facility will be sold or otherwise conveyed to a second party, the second party shall apply pursuant to Env-Sw 311 to obtain a new permit-by-notification for the facility if the second party intends to continue operating the facility.(c) If the second party does not obtain a new permit-by-notification to continue operating the facility, the permittee of record shall close the facility in accordance with the solid waste rules and the permit prior to conveying the facility to the second party.(d) In the case of a closed permit-by-notification landfill, the following shall apply: (1) The applicable permit-by-notification shall be automatically transferred to the new property owner upon conveyance of the property to a new owner;(2) Prior to conveyance, the permittee of record shall disclose the existence of the closed facility to the potential new owner and inform the potential new owner of all permit obligations related thereto; and(3) Failure to provide such disclosure shall not alleviate a new owner, as permittee, from meeting any regulatory obligation relating to the facility.N.H. Admin. Code § Env-Sw 1202.06
#6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 1200) ss by #8459, eff 10-28-05 (formerly Env-Wm 2902.06); ss by #10595, eff 7-1-14
Amended byVolume XXXIV Number 24, Filed June 12, 2014, Proposed by #10595, Effective 7/1/2014, Expires7/1/2024.Amended by Number 10, Filed March 7, 2024, Proposed by #13865, Effective 2/6/2024, Expires 2/6/2034.