06-096 C.M.R. ch. 115, § 6 - License Transfer

The following outlines the procedures for issuing a License Transfer:

A. Applicability. The transferee shall abide by all of the conditions of the license and is jointly or severally liable with the original licensee for any violation of the terms and conditions thereof pending determination on the application for approval of a transfer.

B. Schedule. An application for a License Transfer shall be submitted to the Department no later than two weeks after any transfer of property subject to a license.

C. Public Notice of Intent to File. The applicant shall publish a Public Notice of Intent to File as specified in subsection 2(D) of this Chapter.

D. Required Application Information

(1) Identifying new information, including company name and address (or plant name and address if different from the company name), owner's name, agent and telephone number, responsible official's name and address, telephone number and names of plant site manager or designated contact person;

(2) A letter including the following information:

(a) The full name and address of the new owner;

(b) The date of the official sale;

(c) A copy of the purchase agreement or deed showing transfer of ownership, or demonstration of title, right, or interest;

(d) A statement that there will be no increase in air emissions beyond that provided for in the existing license, either in quantity or type, without prior written permission from the Department; and

(e) A demonstration of technical capacity of the new owner and intent to:

(i) Comply with all conditions of the license, and

(ii) To satisfy all statutory criteria.

(3) The signatory sheet from a responsible official.

E. License Content. The License Transfer shall contain the following:

(1) Full name and address of new owner and the date of transfer of ownership;

(2) A statement that there will be no increase in air emissions beyond that provided for in the existing license, either in quantity or type, without prior written permission from the Department; and

(3) A statement describing the technical capacity of the new owner.

F. Criteria for license approval. Approval for a License Transfer shall be based on the acceptability of the information required in the application submittal.

G. Joint Processing. A license transfer may be incorporated when processing a renewal, a minor or major modification, or a minor revision.

H. Draft License Notification. Draft notification is not required for a License Transfer.

Notes

06-096 C.M.R. ch. 115, § 6