§ 66270.40. Transfer of Permits.

(a) A permit may be transferred by the permittee to a new owner or operator only if the permit has been modified or revoked and reissued (under section 66270.40(b) or 66270.41(b)(2)) to identify the new permittee and incorporate such other requirements as may be necessary under the appropriate statute or regulation.

(b) Changes in the ownership or operational control of a facility may be made as a Class I modification with prior written approval of the Department in accordance with section 66270.42. The new owner or operator shall submit a revised permit application no later than 90 days prior to the scheduled change. A written agreement containing a specific date for transfer of permit responsibility, coverage, and liability between the current and new permittees shall also be submitted to the Department. When a transfer of ownership or operational control occurs, the old owner or operator shall comply with the requirements of article 8 of chapter 14 of this division (Financial Requirements) until the new owner or operator has demonstrated to the Department that he or she is complying with the requirements of that article. The new owner or operator shall demonstrate compliance with article 8 requirements within six months of the date of the change of ownership or operational control of the facility. Upon demonstration to the Department by the new owner or operator of compliance with article 8, the Department shall notify the old owner or operator in writing that he or she no longer needs to comply with article 8 as of the date of demonstration.

HISTORY

1. New section filed 5-24-91; operative 7-1-91 (Register 91, No. 22).

Note

Note: Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 270.40.