Transfer of Permits

(1) RCRA Facilities. Any permit which authorizes the operation of a RCRA facility subject to the requirements of 314 CMR 8.07 shall be valid only for the person to whom it is issued and may not be transferred. Operation by an owner or operator other than those named in the permit shall be a violation of 314 CMR 3.00 and a basis for revocation of the permit, or for other enforcement action. (2) Transfers by Modification. Except as provided in 314 CMR 3.14(1) and (3), and 314 CMR 3.06, 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 under 314 CMR 3.13(1) and (2), or a minor modification made under 314 CMR 3.13(3)(d) to identify the new permittee. (3) Automatic Transfers. As an alternative to transfers under 314 CMR 3.14(2), any permit may be automatically transferred to a new permittee if: (a) The current permittee notifies the Department at least 30 days in advance of the proposed transfer date in 314 CMR 3.14(3)(b). (b) The notice includes a written agreement between the existing and new permittees containing a specific date for transfer of permit responsibility, coverage, and liability between them; and (c) The Department does not notify the existing permittee and the proposed new permittee of the Department's intent to modify or revoke and reissue the permit. A modification under 314 CMR 3.14(3) may also be a minor modification under 314 CMR 3.13(3). If this notice is not received, the transfer is effective on the date specified in the agreement mentioned in 314 CMR 3.14(3)(b).