N.Y. Comp. Codes R. & Regs. Tit. 16 §§ 1100-11.2

Current through Register Vol. 46, No. 53, December 31, 2024

Section 1100-11.2 - Transfers of Permit and Pending Applications

(a) A permit in effect may only be transferred to a person, as defined by section 1100-1.2(bf) of this Part, who agrees in writing to comply with the terms, limitations, or conditions contained in the permit, and upon the approval of the Office.

(b) Applications for the transfer of permits in effect, or pending permit applications, to a different permittee or applicant, or to change the name of the permittee or applicant, shall be submitted to the Office and shall contain:

(1) A statement of the reasons supporting the transfer;

(2) A statement showing the transferee is qualified to carry out the provisions of the permit or any pending permit application and requirements of this Part;

(3) A verification by all parties to the proposed transfer;

(4) If required by the Office, a copy of the proposed transfer agreement; and

(5) Name, address, telephone number and electronic mail address of an employee or representative of the permittee or applicant from whom further information may be obtained.

(c) Applications for transfer of permits in effect, or pending permit applications, should be submitted to the Office at least thirty (30) days prior to transfer, unless a different time period is authorized by the Office.

(d) An application for a permit transfer shall not include or cause a significant change in the design or operation of the project as approved by the Office in a siting permit issued pursuant to article VIII of the Public Service Law or as described in an application pending before the Office.

(e) The new permittee, or applicant, shall satisfy any required financial obligations and insurance coverage prior to approval of a transfer of an issued permit or pending application.

(f) A new permittee, or applicant, may be subject to a record of compliance review before a decision on permit or application transfer is rendered by the Office.

(g) Any noncompliance by the existing permittee, associated with a permit proposed to be transferred, shall be resolved to the Office's satisfaction prior to transfer of such permit.

N.Y. Comp. Codes R. & Regs. Tit. 16 §§ 1100-11.2

Transferred from 900-11.2 New York State Register July 17, 2024/Volume XLVI, Issue 29, eff. 6/26/2024