Section Env-Wq 402.28 - Permit Transfer(a) Any permittee wishing to transfer ownership of a facility having a groundwater discharge permit shall file a written request with the department at least 90 days prior to the transfer of the permit.(b) The transfer request shall include the following information: (1) The groundwater discharge permit number;(2) The site name, address, and tax map/lot number;(3) The name, mailing address, and daytime telephone number and, if available, the email address of the person to whom the permit is requested to be transferred;(4) The name, mailing address, and daytime telephone number and, if available, the email address of the current permittee;(5) A summary of all monitoring results to date; and(6) The date on which the transfer of ownership is expected to occur.(c) The current permittee and the person to whom the permit is proposed to be transferred shall sign the transfer request. Such signatures shall constitute the certifications specified in Env-Wq 402.18(b).(d) Within 90 days of receiving a request for transfer, the department shall approve or deny the request and notify the current permittee and the new permittee of its decision in writing.(e) The department shall deny an application to transfer a permit if: (1) The facility is not presently in compliance with the permit, these rules, or any applicable statutes, unless transferring the permit will facilitate returning the facility to compliance;(2) The permittee has failed to pay any outstanding penalties or costs related to the site, including the department's recoverable costs pursuant to RSA 146-A, RSA 146-C, RSA 147-B, RSA 485, and RSA 485-A, unless all outstanding amounts will be paid in conjunction with the transfer; or(3) The permittee has failed to perform in accordance with a court order, consent decree, or other settlement agreement relating to the property subject to the groundwater permit, unless transferring the permit will facilitate such performance.N.H. Code Admin. R. Env-Wq 402.28
(See Revision Note at part heading for Env-Wq 402) #8955, eff 7-26-07
Amended by Volume XXXVI Number 10, Filed March 10, 2016, Proposed by #11036, Effective 3/1/2016, Expires 3/1/2026.