250 R.I. Code R. 250-RICR-150-05-4.16

Current through November 7, 2024

Section 250-RICR-150-05-4.16 - Transfer of Ownership of a Groundwater Discharge System

A. Upon anticipated change of ownership of a facility subject to a Groundwater Discharge System Registration or Approval or a Temporary Approval, the existing facility owner, indicated in the most current Registration or Approval shall initiate transfer to the new owner, unless closure of the groundwater discharge system is proposed. The existing owner is responsible for compliance with the terms and conditions of the Groundwater Discharge System Registration or Approval or Temporary Approval until transfer of the subject facility is complete. Upon purchase of the facility, the new owner shall be responsible for compliance with the terms and conditions of the Groundwater Discharge System Registration or Approval or Temporary Approval. No person shall act under a Groundwater Discharge System Registration or Approval or Temporary Approval issued to another person.

B. Notification Requirements: The existing owner shall submit to the Director, at least 30 days prior to the date of facility transfer, a Notification of Transfer of a Groundwater Discharge System and any other information required by the Director. The Notification shall include a written agreement between the existing owner and the new owner indicating:

1. The anticipated date of facility transfer;

2. Acknowledgement that the responsibility, coverage and liability associated with the Groundwater Discharge System Registration or Approval or Temporary Approval shall transfer upon recordation of the property deed; and

3. Acknowledgement that the new owner has reviewed the Groundwater Discharge System Registration, Approval or Temporary Approval and has agreed to comply with all terms and conditions contained therein upon the facility transfer.

C. Proposed Changes: Any proposed change to the groundwater discharge or to the groundwater discharge system must be noted in the Notification of Transfer of a Groundwater Discharge System and may require modification to the Groundwater Discharge System Registration or Approval or Temporary Approval in accordance with § 4.15 of this Part, or submission of a new application for a Groundwater Discharge System Registration or Approval or Temporary Approval under §§ 4.9, 4.10 or 4.13 of this Part.

D. Conditions Preventing Transfer: A Groundwater Discharge System Registration or Approval or Temporary Approval shall not be transferred if any of the following conditions apply:

1. The existing owner is not in compliance with the Groundwater Discharge System Registration or Approval, Temporary Approval or these rules, unless the owner can demonstrate that transfer of the approval would facilitate returning the facility to compliance;

2. The existing owner has failed to pay any outstanding penalties or costs related to the facility as required by the Director, unless any outstanding amount will be paid in conjunction with the transfer of the Groundwater Discharge System Registration or Approval or Temporary Approval; or

3. The existing owner has failed to perform pursuant to a court order, consent decree or other settlement agreement relating to the facility subject to the Groundwater Discharge System Registration or Approval or Temporary Approval, unless the owner can demonstrate that transfer of the Registration or Approval or Temporary Approval would facilitate such performance.

250 R.I. Code R. 250-RICR-150-05-4.16