(1) Within 30
days after the sale or legal transfer of a permitted facility, an "Application
for Transfer of Permit" (DEP Form 62-1.201(1)) must be submitted to the
Department. This form must be completed with the notarized signatures of both
the permittee and the proposed new permittee. For air permits, an "Application
for Transfer of Air Permit" (DEP Form
62-210.900(7))
shall be submitted.
(2) The
Department shall approve the transfer of a permit unless it determines that the
proposed new permittee cannot provide reasonable assurances that conditions of
the permit will be met. The determination shall be limited solely to the
ability of the new permittee to comply with the conditions of the existing
permit, and it shall not concern the adequacy of these permit conditions. If
the Department proposes to deny the transfer, it shall provide both the
permittee and the proposed new permittee a written objection to such transfer
together with notice of a right to request a Chapter 120, F.S., proceeding on
such determination.
(3) Within 30
days of receiving a properly completed Application for Transfer of Permit form,
the Department shall issue a final determination. The Department may toll the
time for making a determination on the transfer by notifying both the permittee
and the proposed new permittee that additional information is required to
adequately review the transfer request. Such notification shall be served
within 30 days of receipt of an Application for Transfer of Permit form,
completed pursuant to subsection (1). If the Department fails to take action to
approve or deny the transfer within 30 days of receipt of the completed
Application for Transfer of Permit form, or within 30 days of receipt of the
last item of timely requested additional information, the transfer shall be
deemed approved.
(4) The permittee
is encouraged to apply for a permit transfer prior to the sale or legal
transfer of a permitted facility. However, the transfer shall not be effective
prior to the sale or legal transfer.
(5) Until this transfer is approved by the
Department, the permittee and any other person constructing, operating, or
maintaining the permitted facility shall be liable for compliance with the
terms of the permit. The permittee transferring the permit shall remain liable
for corrective actions that may be required as a result of any violations
occurring prior to the sale or legal transfer of the
facility.
Notes
Fla. Admin.
Code Ann. R. 62-4.120
Rulemaking Authority 403.021, 403.031, 403.061, 403.088 FS.
Law Implemented 403.021, 403.031, 403.061, 403.087, 403.088
FS.
New 3-4-70, Revised
5-17-72, Formerly 17-4.12, Amended 3-19-90, Formerly 17-4.120, Amended
4-16-01.
New 3-4-70, Revised 5-17-72, Formerly 17-4.12, Amended
3-19-90, Formerly 17-4.120, Amended
4-16-01.