Section Env-Wq 1503.23 - Permit Amendment to Reflect Change in Ownership of Property, Permit(a) Within 10 days of transferring any property identified in (b), below, or of transferring an AOT permit for any property identified in (b), below, to a new property owner or permit holder, or both, the transferor(s) shall notify the department and request a transfer of the permit as specified in (c) - (e), below.(b) The requirements of this section shall apply to:(1) Any site, or portion thereof, that is subject to an AOT permit and on which any permit-related activities are incomplete; and(2) Any site, or portion thereof, that was developed for commercial or industrial use under an AOT or site specific permit on which all permit-related activities are complete but that has a stormwater management system for which on-going inspection and maintenance is required.(c) The transferor(s) shall notify the department of the change and request an amendment to reflect the new permit holder or the new property owner, or both, as applicable, by submitting an "Amendment Request Form", NHDES-W-01-001, dated 2017, available at http://des.nh.gov/organization/divisions/water/aot/categories/forms.htm [File Link Not Available], completed as specified in Env-Wq 1503.27 and signed as specified in (d) and (e), below.(d) Subject to (f), below, each transferor shall sign and date the Amendment Request Form as specified in Env-Wq 1503.10, which in addition to the certifications specified in that section shall constitute certification that the transferor: (1) Has provided the original permit or a complete copy thereof, including all approved plans and specifications, to the transferee(s); and(2) Is relinquishing all rights to the permit as originally issued.(e) Each transferee shall sign and date the Amendment Request Form as specified in Env-Wq 1503.10, which in addition to the certifications specified in that section shall constitute certification that the transferee:(1) Has received the original permit or a complete copy thereof, including all approved plans and specifications; and(2) Agrees to comply with RSA 485-A:17, Env-Wq 1500, the permit, and all conditions contained in the permit, including the requirement for on-going inspection and maintenance of the stormwater management system if applicable.(f) If property ownership has been transferred at the time the notice is provided to the department, the transferee(s) may substitute a copy of the recorded deed for the signature(s) of the transferor(s).(g) The department shall amend the permit as requested and send a copy of the amended permit to the new permit holder upon receipt of the information required by (c), above, and the signed certifications required by (d) and (e), above.(h) The amendment of a permit pursuant to this section shall not:(1) Modify the expiration date of the original permit; or(2) Subject any provision of the original permit that was not amended to a new appeal period.(i) If a permit is issued to an applicant that has a contingent or conditional interest in the property and the applicant does not obtain an enforceable proprietary interest in the property, the department shall not transfer the permit unless the applicant requests the transfer.N.H. Code Admin. R. Env-Wq 1503.23
(See Revision Note #1 at chapter heading for Env-Wq 1500) #9343, eff 1-1-09; (See Revision Note #2 at chapter heading for Env-Wq 1500) ss by #9817-A, eff 12-1-10 (formerly in Env-Wq 1503.22 and Env-Wq 1503.23)
Amended by Volume XXXVII Number 32, Filed August 10, 2017, Proposed by #12342, Effective 8/15/2017, Expires 8/15/2027.