310 CMR, § 36.09 - Transfer of Registration Statement
(1) Any
person who has an unexpired registration statement may request a transfer of
the Registration Statement, in whole or in part, to another person by
submitting a request to the Department at least 30 days before the date of
transfer. The request shall include a copy of a written agreement between the
registrant and the transferee that transfers responsibility for the
registration, and a certification by the transferee that there will be no
significant change in use, source, location of the withdrawal, or discharge of
the registered volumes. The transferee must agree to accept all the provisions
and conditions of the registration statement and the agreement must state a
specific date for transfer of responsibility between them.
(2) The Department may deny a requested
transfer and require a permit if the Department determines that the proposed
transfer will result in a significant change in the use, source, location of
the withdrawal, discharge of the registered volumes, or otherwise result in a
significant modification of the registration.
(3) Registrations for cranberry cultivation
verified using the results of the Cranberry Water Use Study may be transferred
as provided in
310
CMR 36.09 only if the transfer is for
continued cranberry cultivation. Cranberry registrations may not be transferred
for any other uses unless the registered volume has been verified based on
actual water use at the bog(s) to be transferred.
(4) Each request for a transfer of a
registration shall include the applicable fee established in 310 CMR 4.00:
Timely Action Schedule and Fee Provisions.
(5) If the registrant transfers an operation
that is dependent on the registered withdrawal and does not transfer the
registration, the transferee of the operation shall not make any withdrawal in
excess of the threshold volume unless and until the transferee obtains a
permit.
Notes
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