Section 312 IAC 6.2-2-3 - Facility sale or transfer of all or a portion of baseline volumeAuthority: IC 14-10-2-4; IC 14-25
Affected: IC 14-25-1-11; IC 14-25-15-1
Sec. 3.
(a) This section applies to the sale or other transfer of a facility with a baseline volume.(b) All or a portion of a facility's baseline volume may be sold or transferred provided that the baseline volume is based on 312 IAC 6.2-1-2(1).(c) Not later than March 31 of the year following a sale or other transfer to another person of a right to use all or a portion of a facility's baseline volume, the facility must notify the division on a department form. The notification must include the name and contact information for the buyer or other transferee and any other information reasonably required on the form to achieve compliance with this rule.(d) If a facility does not comply with subsections (b) and (c), the sale or transfer is ineffective under IC 14-25-15 and this article. A facility violates this article if the facility authorizes another person to use all or a portion of the facility's baseline volume without complying with subsections (b) and (c). A person also violates this article by using any portion of the baseline volume of a facility unless the facility complies with subsections (b) and (c).(e) For a sale or transfer that is effective, the buyer or transferee is beneficiary to the amount of the baseline volume that is sold or transferred. The amount of the approved baseline volume of the seller or transferor is reduced by the amount sold or transferred.(f) A buyer or transferee must comply with any action required by Section 4.12(4) of IC 14-25-15-1.(g) A facility's baseline volume shall be relinquished when the facility is subject to baseline volume abandonment or the facility is considered to be a discontinued significant water withdrawal facility under this article. The sale or transfer of all or a portion of a facility's baseline volume pursuant to this article shall not be considered baseline volume abandonment.Filed 7/9/2014, 11:14 a.m.: 20140806-IR-312130335FRA, eff 9/1/2014Filed 5/9/2018, 10:01 a.m.: 20180606-IR-312170400FRAReadopted filed 5/20/2020, 9:55 a.m.: 20200617-IR-312200179RFA