06-096 C.M.R. ch. 596, § 7 - Transfers of Waste Discharge Licenses and Conditional Permits

An overboard discharge license or permit issued by the Department may be transferred subject to the following conditions.

A. Site Evaluation Requirement. Prior to a property transfer a site evaluation has been performed by a licensed site evaluator with experience in designing systems for the replacement of overboard discharges. The site evaluator must explicitly conclude that a non-discharging wastewater disposal system designed in compliance with the Subsurface Rules, 10-144 CMR 241 cannot be installed.

B. Complete Application Requirement. A transfer application accepted as complete for processing is received including any other required materials.

C. Liability of Parties to Sale. Pending approval of a transfer or assignment of ownership of any license or permit, the person to whom such property is transferred or assigned shall abide by all of the conditions of such license or permit and shall be jointly or severally liable for any violation of the terms and conditions thereof. Any proposed transferee or assignee shall demonstrate the technical and financial capacity and intent to: (1) comply with all standards of the applicable license or permit, and (2) to satisfy all applicable statutory criteria.

Notes

06-096 C.M.R. ch. 596, § 7