Section 33-24-06-11 - Transfer of permits1. A permit may be transferred by the permittee to a new owner or operator only if the permit has been modified or revoked and reissued (under subsection 2 or subdivision b of subsection 2 of section 33-24-06-12) to identify the new permittee and incorporate such other requirements as may be necessary.2. Changes in the ownership or operational control of a facility may be made as a class 1 modification with prior written approval of the department in accordance with section 33-24-06-14 or as a routine change with prior approval under section 33-24-07-53. The new owner or operator must submit a revised permit application no later than ninety days prior to a scheduled change. A written agreement containing a specific date for transfer of permit responsibility between the current and new permittees must also be submitted to the department. When a transfer of ownership or operational control occurs, the old owner or operator shall comply with the requirements of sections 33-24-05-74 through 33-24-05-88 (financial requirements) until the new owner or operator has demonstrated that the owner or operator is complying with the requirements of those sections. The new owner or operator must demonstrate compliance with sections 33-24-05-74 through 33-24-05-88 requirements within six months of the date of the change of ownership or operational control of the facility. Upon demonstration to the department by the new owner or operator of compliance with sections 33-24-05-74 through 33-24-05-88, the department shall notify the old owner or operator that the owner or operator no longer needs to comply with sections 33-24-05-74 through 33-24-05-88 as of the date of demonstration.N.D. Admin Code 33-24-06-11
Effective January 1, 1984; amended effective December 1, 1991.Amended by Administrative Rules Supplement 2016-359, January 2016, effective 1/1/2016.General Authority: NDCC 23-20.3-03
Law Implemented: NDCC 23-20.3-03, 23-20.3-04, 23-20.3-05