310 Mass. Reg. 36.09

Current through Register 1523, June 7, 2024
Section 36.09 - Transfer of Registration Statement
(1) Any person who has an unexpired registration statement may request a transfer of the Registration Statement, in whole or in part, to another person by submitting a request to the Department at least 30 days before the date of transfer. The request shall include a copy of a written agreement between the registrant and the transferee that transfers responsibility for the registration, and a certification by the transferee that there will be no significant change in use, source, location of the withdrawal, or discharge of the registered volumes. The transferee must agree to accept all the provisions and conditions of the registration statement and the agreement must state a specific date for transfer of responsibility between them.
(2) The Department may deny a requested transfer and require a permit if the Department determines that the proposed transfer will result in a significant change in the use, source, location of the withdrawal, discharge of the registered volumes, or otherwise result in a significant modification of the registration.
(3) Registrations for cranberry cultivation verified using the results of the Cranberry Water Use Study may be transferred as provided in 310 CMR 36.09 only if the transfer is for continued cranberry cultivation. Cranberry registrations may not be transferred for any other uses unless the registered volume has been verified based on actual water use at the bog(s) to be transferred.
(4) Each request for a transfer of a registration shall include the applicable fee established in 310 CMR 4.00: Timely Action Schedule and Fee Provisions.
(5) If the registrant transfers an operation that is dependent on the registered withdrawal and does not transfer the registration, the transferee of the operation shall not make any withdrawal in excess of the threshold volume unless and until the transferee obtains a permit.

310 CMR 36.09

Amended by Mass Register Issue 1273, eff. 11/7/2014.
Amended by Mass Register Issue 1487, eff. 1/20/2023.