General. No sale, assignment, or
transfer of the rights or privileges, or effective control of such rights or
privileges, granted under a permit to establish, expand, construct, operate or
maintain a facility shall be valid until a responsible official of the
transferee submits a transfer certification (on a form prepared by the
Department) in accordance with
310 CMR
19.011(1) to the Department
indicating:
(a) proof that notice that
the facility is operating or was operated has been recorded in the registry of
deeds, or if the site is registered land, in the registry section of the land
court for the district wherein the land lies. The notice shall be captioned
"Notice of Solid Waste Facility" and shall contain a title reference citing the
source of title of the land on which the facility is to be constructed
(i.e., the deed with book and page number if recorded land;
probate number if acquired through a probate proceeding; and certificate of
title number if registered land). This notice shall be incorporated either in
full or by reference into all future deeds, and any other instrument of
transfer, which coney an interest in and/or a right to use the land on which
the facility or a portion thereof, is located;
(b) the agreement provides that the
transferee is responsible to correct any and all conditions at the site or
facility which result in a threat to public health, safety or the environment
or constitute violations of the site assignment, laws, regulations or
conditions of the permit, approvals, or authorizations existing at the time of
transfer whether or not such conditions are the subject of a Department
enforcement action prior to the date of the transfer. A transfer of a permit
shall not relieve previous owners of liability for the site under M.G.L. c. 21E
or c. 21H; and
(c) the transferee
has obtained financial assurance as required under
310 CMR
19.051. Where financial assurance is required
no transferee shall operate without said financial assurance.
