S.C. Code Regs. § § 61-107.4.IV.E

Current through Register Vol. 48, 12, December 27, 2024

Section 61-107.4.IV.E - Transfer of Ownership

1. The Department may, upon written request, transfer a permit, as appropriate, to a new permittee where no other change in the permit is necessary.

2. The proposed new owner of a permitted facility shall, prior to the scheduled change in ownership, submit to the Department:

a. A completed and signed application form provided by the Department;

b. A written agreement signed by both parties indicating the intent to change ownership or operating responsibility of the facility;

c. A disclosure statement in accordance with S.C. Code Section 44-96-300, except that local government and regions comprised of local governments are exempt from this requirement; and

d. Documentation of financial assurance as required.

3. The Department may approve transfer of the permit to the new owner provided:

a. The facility is in compliance with all permit requirements and with this regulation;

b. The new owner has agreed in writing to assume full responsibility in accordance with this regulation, the facility permit, and the approved operational plan; and

c. The new owner has funded an adequate financial assurance mechanism in accordance with the requirements of this regulation.

4. The previous owner shall maintain the existing financial assurance mechanism until the new owner can demonstrate financial responsibility in accordance with this regulation.

5. The new owner shall submit legal documentation of the transfer of ownership of the facility within fifteen (15) days of the actual transfer.

S.C. Code Regs. § 61-107.4.IV.E

Replaced and amended by State Register Volume 38, Issue No. 6, eff 6/27/2014; State Register Volume 45, Issue No. 05, eff. 5/28/2021.