N.H. Code Admin. R. Env-Wq 1603.11

Current through Register No. 25, June 20, 2024
Section Env-Wq 1603.11 - Transfer of Land Ownership
(a) If land that has a permit, permit-by-notification, or waiver associated with it is transferred to a new owner independently of the septage management activity itself, then the holder of the permit, permit-by-notification, or waiver shall notify the department within 10 days of the transfer and shall suspend all activities covered by the permit, permit-by-notification, or waiver until the statement described in (c) below is signed by the new owner and is received by the department.
(b) If a signed statement as described in (c) below does not accompany the notice of land transfer, then upon receipt of the notice the department shall commence a proceeding under Env-C 200 to revoke the permit, permit-by-notification, or waiver. If the holder of the permit, permit-by-notification, or waiver obtains and submits the signed statement, the proceeding shall be terminated.
(c) The new owner shall provide a statement that:
(1) The new owner is aware that the septage management activity that is subject to a permit, permit-by-notification, or waiver exists on the land;
(2) The new owner agrees to the continued operation of the septage management activity; and
(3) The new owner has given permission to the holder of the permit, permit-by-notification, or waiver to enter upon the land for purposes of investigation and operation of the activity, including the implementation of remedial measures, if ordered by the department.
(d) If the new owner chooses to discontinue the activities covered by the permit, permit-by-notification, or waiver, the holder of the permit, permit-by-notification, or waiver shall:
(1) Submit a written statement to the department and to the governing body of the municipality in which the property is located indicating that the activities have been discontinued;
(2) Remove and properly dispose of any tank or other infrastructure specific to the activities that were subject to the permit, permit-by-notification, EQ certification, or waiver; and
(3) If a facility, close the facility in accordance with the approved closure plan.

N.H. Code Admin. R. Env-Wq 1603.11

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