250 R.I. Code R. 250-RICR-150-10-1.23

Current through December 26, 2024

Section 250-RICR-150-10-1.23 - Transfer of Permits

A. Transfer by modification. Except as provided in § 1.23(B) of this Part, 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 or a minor modification made to identify the new permittee and incorporate such other requirements as may be necessary under the State and Federal Acts.

B. Automatic transfers. As an alternative to transfers under § 1.23(A) of this Part, any RIPDES permit may be automatically transferred to a new permittee if:

1. The current permittee notifies the Department in writing by certified mail of the proposed transfer as follows:

a. Where production levels, products produced, rates of discharge, and wastewater characteristics will remain unchanged, the following information shall be submitted at least 90 days prior to a proposed "transfer date":

(1) Name and address of current facility;

(2) Name and address of new owner;

(3) RIPDES permit number;

(4) Names of the new principal persons responsible;

(5) Names of persons upon whom legal process can be served; and

(6) A notarized statement signed by the new principal officer stating that he has read the RIPDES permit and agrees to abide by all the conditions of the permit and that the production levels, products produced, rates of discharge, and wastewater characteristics will remain unchanged.

b. Where there will be a change in production levels, products produced, rates of discharge, or wastewater characteristics, the information required in § 1.23(B)(1)(a) of this Part shall be submitted at least 180 days prior to a proposed transfer date.

2. The current permittee shall include in the notice of proposed transfer a written agreement between the existing and new permittee which includes a specific date for transfer of permit responsibility, coverage and liability between the parties.

3. The Department does not notify the existing permittee and the proposed new permittee, within thirty (30) days of receipt of notice or proposed transfer, of an intent to modify, revoke or revoke and reissue the permit. A modification under this paragraph may also be a minor modification under § 1.26 of this Part. If such notice is not received, the transfer is effective on the date specified in the agreement mentioned in § 1.23(B)(2) of this Part.

4. Whenever the regulated discharge has ceased prior to the proposed permit transfer, any compliance schedule shall not be automatically reinstated but shall be subject to revision or complete withdrawal if circumstances leading to its imposition have been changed.

250 R.I. Code R. 250-RICR-150-10-1.23