N.H. Code Admin. R. Env-Wq 1603.10

Current through Register No. 25, June 20, 2024
Section Env-Wq 1603.10 - Permit Transfer
(a) A septage hauler permit or septage holding permit-by-notification shall be issued to the applicant for each tank identified in the application and shall not be sold, assigned, or otherwise transferred by the applicant to any other person or tank unless prior approval is obtained from the department in accordance with (c) and (d) below.
(b) A site, facility, transfer/storage permit, permit-by-notification, EQ certification, or waiver shall be issued to the applicant and shall not be sold, assigned, or otherwise transferred by the holder of the permit, permit-by-notification, EQ certification, or waiver to any other person unless prior approval is obtained from the department in accordance with (c) and (d) below.
(c) The person wishing to transfer a permit, permit-by-notification, EQ certification, or waiver shall submit to the department:
(1) A copy of the original application;
(2) A copy of the permit, permit-by-notification, EQ certification, or waiver;
(3) The name, mailing address, and daytime telephone number of the person(s) to whom the permit, permit-by-notification, EQ certification, or waiver is proposed to be transferred;
(4) A written explanation of any changes that are proposed to the permit, permit-by-notification, EQ certification, waiver, the site plan, the facility plan, or the management plan, as applicable; and
(5) A list of all changes that will require notification pursuant to Env-Wq 1603.12(e).
(d) The person to whom the permit, permit-by-notification, EQ certification, or waiver is proposed to be transferred shall submit a certification declaring whether the person has been convicted of a misdemeanor under any statute administered by the department within the 5 years prior to the date of application, or of a felony in any state or federal court during the 10 years prior to the date of application.
(e) The department shall approve such transfer if:
(1) The holder of the permit, permit-by-notification, EQ certification, or waiver is in compliance with these rules and all applicable conditions of the permit, permit-by-notification, EQ certification, or waiver;
(2) Any outstanding violations will be corrected prior to or as a result of the transfer;
(3) Any proposed changes are in compliance with these rules and all applicable conditions of the permit, permit-by-notification, EQ certification, or waiver;
(4) Good cause as defined by Env-Wq 1603.09(g) to suspend, revoke, or refuse to renew the permit, permit-by-notification, EQ certification, or waiver does not exist, unless the reason that good cause exists can be corrected prior to or as a result of the transfer of the permit, permit-by-notification, EQ certification, or waiver; and
(5) The person to whom the permit, permit-by-notification, EQ certification, or waiver is proposed to be transferred has not been convicted of a misdemeanor under any statute administered by the department within the 5 years prior to the date of application, or of a felony in any state or federal court during the 10 years prior to the date of application.

N.H. Code Admin. R. Env-Wq 1603.10

#8458, eff 10-27-05 (see Revision Note at chapter heading); ss by #10466, eff 11-26-13