Section 3745-501-35 - Transfer of licenses(A) License transfer requests. (1) A solid waste facility or an infectious waste treatment facility licensee may request transfer of the license. Transfer of a license occurs upon written authorization from both the director and the approved board of health, if applicable.(2) A construction and demolition debris facility licensee or a construction and demolition debris processing facility licensee may request transfer of the license. Transfer of a license occurs upon written authorization from the licensing authority.(3) Licensee transfer procedures. The current licensee and transferee shall make an application to transfer a license on forms prescribed by the director. At a minimum, the application shall include the information specified in rule 3745-501-10 or 3745-501-12 of the Administrative Code as applicable, and the following: (a) The transferee's name and contact information.(b) Specification if the transferee is the owner or operator of the facility.(c) The property to which the license pertains.(d) The proposed date for transfer.(e) Any other information deemed necessary by the director. [Comment: For a solid waste facility or an infectious waste treatment facility license, the transferee is subject to the applicable requirements of division (E) of section 3734.41 of the Revised Code. The transferee for a construction and demolition debris facility or a construction and demolition debris processing facility license is subject to the requirements specified in division (A) of section 3714.052 of the Revised Code or division (D) of section 3734.42 of the Revised Code.]
(B) License transfer criteria. A license transfer request shall not be approved unless applicable criteria of Chapter 3714. or Chapter 3734. of the Revised Code and the following criteria are met: (1) The prospective license transferee meets the applicable requirements specified in rule 3745-501-15 of the Administrative Code.(2) The prospective license transferee has established and submitted documentation of financial assurance in accordance with Chapter 3714. or Chapter 3734. of the Revised Code and the rules adopted thereunder.(C) License transfer procedures. When acting upon a license transfer request, the director or approved board of health shall follow the appropriate procedures set forth in rule 3745-500-120 of the Administrative Code.Ohio Admin. Code 3745-501-35
Effective: 4/18/2022
Five Year Review (FYR) Dates: 7/1/2025
Promulgated Under: 119.03
Statutory Authority: 3714.02, 3714.022, 3734.02, 3734.12
Rule Amplifies: 3714.02, 3714.06, 3714.09, 3734.02, 3734.05, 3734.08, 3734.12, 3734.40
Prior Effective Dates: 04/02/2012, 07/01/2020