N.J. Admin. Code § 7:14A-16.2

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:14A-16.2 - Transfer of a permit

(a) A permittee shall not transfer a NJPDES permit to any person except after due notice to the Department in accordance with (b) or (d) below.

(b) To identify a new owner or operator, a permit may be transferred:

1. As a major modification or revocation and reissuance if one or more causes at 7:14A-16.4 are identified;

2. As a minor modification with changes identified at 7:14A-16.5; or

3. As an automatic transfer under (d) below.

(c) (Reserved)

(d) Any permit shall be automatically transferred to a new permittee if:

1. The current permittee provides written notice to the Department by certified mail or by other means which provides verification of the date of delivery to the Department of the proposed transfer at least 30 days prior to the proposed transfer date. This notice shall include the following:

i. The name of the current owner and the address of facility;

ii. The name and address of the new owner or owners and operator;

iii. The permit number;

iv. The names of the principal officer or officers responsible for the facility operation and maintenance under the new operator identified under (d)1ii above;

v. The names and current telephone numbers of persons upon whom legal process can be served;

vi. A notarized statement signed by the new principal officer identified in (d)1iv above stating that he or she has read the permit and certifies, pursuant to 7:14A-4.9, that he or she shall abide by all the conditions of the permit and that production levels, products generated, rates of discharge, and discharge characteristics shall remain unchanged; and

vii. A written agreement between the current permittee and new permittee which includes a specific date for transfer of permit responsibility between the current permittee and new permittee; and

2. The Department does not issue a response letter in accordance with 7:14A-16.3(c) to notify the current permittee and the new permittee, within 30 days of receipt of notice of the proposed transfer provided the permittee complies with the requirements in (d)1 above. The Department shall incorporate the name of the new permittee into the permit as a minor modification in accordance with 7:14A-16.5.

N.J. Admin. Code § 7:14A-16.2