Current through Register Vol. XLI, No. 50, December 13, 2024
Section 45-5-14 - Transfer of Permits14.1. Any person holding a valid operating permit under this rule may request that the Secretary transfer the operating permit to another person providing the following conditions are met:14.1.1. The permit holder describes, in writing, the reasons for or circumstances of the transfer, lists all relevant air quality permit numbers and certifies that the facility to which the permit pertains is in compliance with all air permits issued by the Secretary and all applicable rules of the Secretary;14.1.2. The transferee identifies and acknowledges, in writing, that it accepts and will comply with all permit(s) issued by the Secretary as identified in the notice of transfer filed pursuant to subdivision 14.1.1 and that it will comply with all applicable rules; and14.1.3. The permit holder or transferee pays, at the time of the request for transfer, a transfer fee of $200 payable to the Air Pollution Control Fund. Such payment satisfies the requirement of subsection 4.2 of 45CSR22.14.2. Once the permittee and proposed transferee have complied with subsection 14.1, such a transfer shall be deemed approved unless the Secretary notifies the permittee and proposed transferee in writing, within 30 days, that:14.2.1. Additional information is required in order to process and act on the transfer; or14.2.2. Such a transfer is denied, in which event the supporting findings of fact and legal authority for said denial shall be set forth in writing. 14.2.2.a. Any such denial may be appealed in the same manner as an appeal from permit denial under W. Va. Code §22-5-14 and applicable rules.