Section 329 IAC 10-13-5 - Transferability of permits; change of ownership interestAuthority: IC 13-14-8-7; IC 13-15; IC 13-19-3; IC 13-19-4-10
Affected: IC 13-14-8; IC 13-15-1-3; IC 13-15-7; IC 13-19-4; IC 36-9-30-35
Sec. 5.
(a) A permit may be transferred to another person by the permittee, without the need for a new permit or modification or revocation of the existing permit being required, if the permittee notifies the commissioner of the proposed transfer at least sixty (60) days before the proposed date of transfer on forms provided by the commissioner.(b) Along with the notification form, the permittee must provide the following: (1) A disclosure statement meeting the requirements of IC 13-19-4-2(1) or IC 13-19-4-2(2) executed by the transferee and each person who is a responsible party with respect to the transferee, unless IC 13-19-4-2 does not apply under the provisions of IC 13-19-4-1(b).(2) A written agreement containing a specific date of transfer of permit responsibility.(3) Proof of financial responsibility of the transferee as provided in 329 IAC 10-39, if required by the commissioner.(4) Proof that the transferee is, or will be, the owner of the real property on which the facility is located, or proof that the property is, or will be, leased to the transferee.(c) A permit may not be transferred if the transferee has: (1) been convicted under IC 13-30-10[IC 13-30-6 was repealed by P.L. 137-2007, SECTION 37, effective July 1, 2007.] or IC 36-9-30-35; or(2) had a permit to operate under this article, or previous articles, 329 IAC 1.5, which was repealed in 1989, or 329 IAC 2, which was repealed in 1996, revoked by the commissioner under IC 13-15-7.(d) The transfer will be effective on the specific date of transfer provided by the permittee unless the commissioner notifies the permittee and the transferee that the transfer will be denied under IC 13-19-4-5 through IC 13-19-4-7.(e) Notwithstanding the transfer of a permit, a variance must not be transferred to another person without independent proof of undue hardship or burden by the transferee.(f) Subject to IC 13-19-4-8(a), if there is a change of at least fifty percent (50%) ownership control of an entity, but less than a change of the entire ownership control of an entity, that holds a permit described in IC 13-15-1-3, then the entity must, not later than thirty (30) days after the change of ownership control is completed, submit to the department the disclosure statement required by IC 13-19-4 -3(a) and IC 13-19-4-3(b).(g) The requirement of subsection (f) applies to the transfer of a permit described in IC 13-19-4-1(b).(h) Upon receipt of the disclosure statement required under subsection (f), the commissioner shall follow the procedures and requirements of IC 13-19-4-8(f) and if applicable, IC 13-19-4-8(g).Solid Waste Management Board; 329 IAC 10-13-5; filed Mar 14, 1996, 5:00 p.m.: 19 IR 1815; errata filed Apr 4, 1996, 4:00 p.m.: 19 IR 2045; filed Mar 19, 1998, 11:07 a.m.: 21 IR 2758; filed Feb 9, 2004, 4:51 p.m.: 27 IR 1806, eff Apr 1, 2004; filed Apr 26, 2007, 9:41 a.m.: 20070523-IR-329050296FRAErrata Filed 2/19/2018, 10:06 a.m: 20180228-IR-329180109ACA