Transferring Permit

PURPOSE: This rule describes the procedure for transferring a permit when ownership changes. (1) Permits issued pursuant to 10 CSR 222.050 and 10 CSR 22-2.060 are transferable only as provided in section 236.460, RSMo. If ownership or other transfer of interest in the dam and reservoir changes, the former owner must notify the chief engineer of the sale or transfer and the permit will be transferred to the new owner after determination that the transfer will not endanger the public safety, life, property, the dam or reservoir. The permit holder of record will be held responsible for maintaining compliance with these rules and standards. If the former owner does not have the permit transferred, the new owner may submit the appropriate application and documents necessary to obtain a new permit. The new owner, in this case, must also show proof of ownership. The old owner’s responsibilities of ownership under the law will not be extinguished until the permit is transferred to an eligible owner. Nothing in these regulations shall be construed to eliminate the liability of the previous owner for damages or injuries caused by a dam failure, nor a new operator who has not obtained a permit nor had an existing permit transferred to his/her name. AUTHORITY: sections 236.405, RSMo Supp. 1993 and 236.415, and 236.460, RSMo 1986.* Original rule filed April 14, 1981, effective Aug. 13, 1981. Amended: Filed June 14, 1984, effective, Jan. 1, 1985. *Original authority: 236.405, RSMo 1979, amended 1993 and 236.415 and 236.460, RSMo 1979.