Section Env-Wq 301.12 - Transfer of Land Ownership(a) If a facility that has an existing state discharge permit is located on land that is transferred to a new owner, the permit holder shall notify the department within 10 days of the transfer and shall suspend all activities covered by the permit until the statement described in (c), below, is signed by the new property owner, notarized, and 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 the provisions of RSA 541-A and Env-C 200 that apply to adjudicative proceedings to revoke the permit. If the permit holder obtains and submits the signed statement, the proceeding shall be terminated.(c) The statement from the new owner shall state that the new owner: (1) Is aware that the facility exists on the land;(2) Agrees to the continued operation of the facility; (3) Has given permission to the permit holder to enter upon the land for purposes of operation, including the implementation of remedial measures if ordered by the department; and(4) Is aware that the department must be allowed access to the property to conduct inspections, review and copy records, and monitor and sample a facility's wastewater and the surface water to which the facility discharges.(d) If the new owner chooses to discontinue the activities covered by the state discharge permit, the permit holder shall: (1) Submit a written statement to the department indicating that the permit-related activities have been discontinued; and(2) Remove sufficient infrastructure specific to the activities that were subject to the permit so as to eliminate the discharge to the receiving water. N.H. Admin. Code § Env-Wq 301.12
(See Revision Note at part heading for Env-Wq 301) #10348, eff 5-22-13