R 299.9522 Transfer of ownership or operation.

Rule 522. (1) A license may be transferred by the licensee to a new owner or operator only if the license has been modified pursuant to the provisions of R 299.9519(3) or a minor modification made pursuant to the provisions of R 299.9519(5) to identify the new licensee and incorporate other requirements as may be necessary pursuant to the provisions of part 111 and these rules. (2) Changes in the ownership or operational control of a facility that is authorized to operate pursuant to the provisions of part 111 or these rules but that has not been issued an operating license pursuant to the provisions of part 111 or these rules may be made if the new owner or operator submits a revised part a permit application not later than 90 days before the scheduled change. When a transfer of ownership or operational control of a facility occurs, the old owner or operator shall comply with the financial requirements of part 7 of these rules until the new owner or operator has demonstrated to the director that the new owner or operator is complying with the requirements of part 7 of these rules. The new owner or operator shall demonstrate compliance with the provisions of part 7 of these rules within 6 months of the date of the change in the ownership or operational control of the facility. Upon the new owner or operator demonstrating, to the director, compliance with the provisions of part 7 of these rules, the director, or the director’s designee, shall notify the old owner or operator, in writing, that the old owner or operator no longer needs to comply with these requirements as of the date of the demonstration. All other interim status duties are transferred effective immediately on the date of the change of ownership or operational control of the facility. (3) The new owner or operator shall comply with all the requirements of part 111 and these rules and with the stipulations of previous operating licenses or other agreements entered into by the previous owner or operator and the director. (4) The responsibility for remedial measures to correct any environmental problem resulting from previous operations at the facility must be assumed by the new owner or operator. This requirement must be incorporated into the operating license for the new owner or operator.