LAC 33:I.1907. Change of Ownership/Operator—No Financial Assurance Required

A. The administrative authority may approve the transfer of a permit to a new owner or operator where no financial assurance is required when an accurate and complete NOC-1 Form and the following information has been received: 1. documentation clearly identifying the party who will be responsible for existing violations; and 2. evidence of permit qualifications and requirements on the part of the new owner or operator in accordance with LAC 33:I.1701. B. Changes in the ownership or operational control of a facility shall be made with written notification to the Office of Environmental Services and shall include the following. 1. The new owner or operator shall submit a complete Notification of Change Form (NOC-1 Form), using the most current version of the form approved by the department, prior to or no later than 45 days after the change. 2. A written agreement containing a specific date for transfer of permit responsibility, coverage, and liability between the previous and new permittees shall also be submitted to the administrative authority. The agreement shall be attached to and submitted with a completed NOC-1 Form. C. No later than 30 days after the receipt of a complete notification of a change of the ownership or operational control of a facility, the administrative authority shall notify the previous and new owners/operators of the department’s approval or disapproval of the transfer of the permit to the new owner or operator based on its evaluation of the factors set forth in Subsection A of this Section. The department will also notify EPA of changes in Title V permits within the same timeframe. 1. For notifications submitted prior to, or no later than, 45 days after the change, the effective date of the permit transfer and change of ownership or operational control shall be the date indicated on the NOC-1 Form, unless the administrative authority determines that a different date is appropriate, in which case the Office of Environmental Services shall notify the permit applicant of the actual effective date. 2. For notifications submitted later than 45 days after the change, the effective date of the permit transfer and change of ownership or operational control shall be the date the change is approved by the administrative authority, unless the administrative authority determines that a different date is appropriate, in which case the Office of Environmental Services shall notify the permit applicant of the actual effective date. D. The department may initiate action to terminate or revoke, and reissue an existing permit for a failure to disclose a change of ownership or operational control within 45 days after the change or for failure to submit an accurate, complete NOC-1 Form.