Fla. Admin. Code Ann. R. 62-620.340 - Transfer of Permit

(1) Except as provided in subsection (2), of this rule, a permit may be transferred by the existing permittee to a proposed permittee only if the permit has been revised in accordance with subsection 62-620.325(1), F.A.C., to identify the proposed permittee and to incorporate other applicable statutory or rule requirements in effect at the time of revision or if the permit has been revoked and reissued.

(2) As an alternative to transfers under subsection (1), of this rule, and subject to subsection (3), below, a permit shall be automatically transferred to a new permittee if:

(a) The existing permittee notifies the Department on DEP Form 62-620.910(1), and DEP Form 62-620.910(11) at least 30 days in advance of the proposed transfer date;

(b) The notification of a transfer includes a written agreement between the existing permittee and the proposed permittee containing a specific date for the transfer of permit responsibility, coverage, and liability between them; and,

(c) Within 30 days of receipt of the notification of the transfer, the Department does not serve notice to the existing permittee and the proposed permittee that it intends to revise, under subsection (1), of this rule, the permit or to deny the transfer, or that additional information is required to adequately review the transfer request.

(3) The Department shall allow the transfer under subsection (2), of this rule, unless it determines that the proposed permittee cannot provide reasonable assurance that conditions of the permit will be met. The determination shall be limited solely to the ability of the proposed permittee to comply with the conditions of the existing permit, and it shall not consider the adequacy of these permit conditions.

(4) If the Department proposes to deny the transfer, or proposes to revise or revoke and reissue the permit, it shall provide both the existing permittee and the proposed permittee with a written objection to such transfer together with the notice of a right to request an administrative proceeding on such determination.

(5) Within 30 days of receiving properly completed DEP Form 62-620.910(1), and DEP Form 62-620.910(11), the Department shall issue a final determination. If additional information is needed the Department shall toll the time for making a determination on the transfer by notifying both the existing permittee and the proposed permittee that additional information is required to adequately review the transfer request. Such notification shall specify what additional information is necessary and shall be served within 30 days of receipt of completed DEP Form 62-620.910(1), and DEP Form 62-620.910(11).

(6) Until the permit is transferred pursuant to this rule, the existing permittee and any other person constructing, operating, or maintaining the permitted facility shall be liable for compliance with the terms of the permit. The existing permittee 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. 62-620.340

Rulemaking Authority 403.051, 403.061, 403.087, 403.088, 403.0885, 403.08851 FS. Law Implemented 403.051, 403.061, 403.087, 403.088, 403.0885 FS.

New 11-29-94, Amended 12-24-96.

New 11-29-94, Amended 12-24-96.