Section Env-Wq 804.08 - Permit Issuance and Transfer(a) The department shall issue a sludge hauler permit to the applicant for the vehicle(s) identified in the application. The permit holder shall not transfer the permit to any other person without first obtaining approval from the department in accordance with (c) through (e), below.(b) The department shall issue a site or facility permit to the applicant. The permit holder shall not transfer the permit to any other person without first obtaining approval from the department in accordance with (c) through (e) below.(c) The person wishing to transfer a permit shall submit to the department: (1) The name, address, and daytime telephone number of the current permit holder;(2) The name, mailing address, and daytime telephone number of the person(s) to whom the permit will be transferred;(3) For transfers of a sludge hauler permit, the vehicle identification number and registration plate number of each vehicle and container being transferred; and(4) For transfers of a site or facility permit:a. The name, address, and associated permit number of the site or facility; andb. An application for a permit modification pursuant to Env-Wq 804.10(c) for any changes that are proposed to the permit, the site plan, the facility plan, the closure plan, and the management plan, as applicable. (d) The person to whom the permit is proposed to be transferred shall submit a statement 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 within the 10 years prior to the date of application.(e) The department shall approve the requested transfer if:(1) The permit holder is in compliance with these rules and the permit;(2) Any proposed changes are in accordance with Env-Wq 804.10;(3) Good cause as specified in Env-Wq 804.07(g) to suspend, revoke, or refuse to renew the permit does not exist, unless the reason that good cause exists can be corrected prior to or as a result of the permit transfer; and(4) The person to whom the permit 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 within the 10 years prior to the date of application.(f) The department shall notify the permit holder in writing of its decision. If the transfer request is denied, the notice shall identify the ground(s) for the denial and include information on how to appeal the decision.(g) For requests to transfer a site or facility permit, the department shall transmit a copy of the decision to:(1) The clerk of the municipality in which the site or facility is located; and(2) The chair of the applicable LAC, if any, if the chair has submitted an email address in accordance with Env-Wq 803.03.N.H. Code Admin. R. Env-Wq 804.08
(See Revision Note at chapter heading for Env-Wq 800) #8887, eff 5-23-07
Amended by Volume XXXVI Number 01, Filed January 7, 2016, Proposed by #10998, Effective 1/1/2016, Expires 1/1/2026.