LAC 33:I.1909. Change of Ownership/Operator—Financial Assurance Required

A. The administrative authority may approve the transfer of a permit to a new owner or operator where financial assurance is required, based on the following factors: 1. assumption by the new owner or operator of liability for existing violations; 2. demonstration of compliance with financial responsibility requirements by the new owner or operator; 3. a description of the financial structure of the operating unit including capital structure, principal ownership, and insurance coverage for personal injury and property damage (Upon review, supporting information may be requested including, but not limited to, financial reports and financial statements.); and 4. 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. The new owner or operator shall submit a complete Notification of Change (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. The following actions are also required to be completed in conjunction with the change of ownership/operator notification. 1. A written agreement containing a specific date for transfer of permit responsibility, coverage, and liability between the previous and new permittees shall be submitted to the administrative authority. The agreement shall be attached to and submitted with a completed NOC-1 Form. 2. A written agreement containing specific information regarding the implementation of a financial assurance mechanism meeting the applicable requirements of LAC 33:V.Chapter 37 (hazardous waste financial requirements), LAC 33:VII.Chapter 13 (solid waste financial assurance requirements), LAC 33:IX.Chapter 67 (water financial security requirements), and Section 7307 (sewage sludge financial assurance requirements). The agreements shall be attached to and submitted with a completed NOC-1 Form. The term of the implementation schedule shall not exceed six months, as indicated in Subsection C of this Section. 3. Permitted and interim status hazardous waste facilities shall also submit a revised Part I (i.e., Hazardous Waste Permit Part A Form) permit application and Hazardous Waste Notification Form (HW-1 Form) with the NOC-1 Form. 4. When a transfer of ownership or operational control occurs, the previous owner or operator shall comply with the applicable requirements of LAC 33:V.Chapter 37 (hazardous waste financial requirements), LAC 33:VII.Chapter 13 (solid waste financial assurance requirements), and LAC 33:IX.Chapter 67 (water financial security requirements) and Section 7307 (sewage sludge financial assurance requirements) until the new owner or operator has demonstrated that he or she is complying with the applicable requirements of LAC 33:V.Chapter 37, LAC 33:VII.Chapter 13, and LAC 33:IX.Chapter 67 and Section 7307. C. The new owner or operator shall demonstrate compliance with the applicable requirements of LAC 33:V.Chapter 37, LAC 33:VII.Chapter 13, and LAC 33:IX.Chapter 67 and Section 7307 no later than six months after the date of the change of ownership or operational control of the facility. Upon adequate demonstration to the administrative authority by the new owner or operator of compliance with these financial assurance requirements, the administrative authority shall notify the previous owner or operator that he or she no longer needs to comply with the financial assurance requirements as of the date of demonstration. D. Within 45 days after the receipt of a complete notification of a change of 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. 1. For notifications submitted prior to, or no later than, 45 days after the change, the effective date of the permit transfer 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. E. For permitted hazardous waste facilities, the new permittee shall send a notice of the change of ownership or operational control to all persons on the facility mailing list maintained by the administrative authority, and to the appropriate units of state and local government, as specified in LAC 33:V.717. This notification shall be made no later than 90 calendar days after the administrative authority has provided a written response approving the transfer of the permit and the change has been put into effect. F. 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 a failure to submit an accurate and complete NOC-1 Form.