Mont. Admin. R. 17.30.1360 - TRANSFER OF PERMITS

(1) Except as provided in (2), a permit may be transferred by the permittee to a new owner or operator only if the permit has been modified or revoked and reissued (under ARM 17.30.1361(2) (b) ), or a minor modification made (under ARM 17.30.1362(4) ), to identify the new permittee and incorporate such other requirements as may be necessary under the Act.

(2) As an alternative to transfers under (1), any MPDES permit may be automatically transferred to a new permittee if:

(a) the current permittee notifies the department at least 30 days in advance of the proposed transfer date in (b) ;

(b) the notice includes a written agreement between the existing and new permittees containing a specific date for transfer of permit responsibility, coverage, and liability between them; and

(c) the department does not notify the existing permittee and the proposed new permittee of his or her intent to modify or revoke and reissue the permit. A modification under this rule may also be a minor modification under ARM 17.30.1362. If this notice is not received, the transfer is effective on the date specified in the agreement mentioned in (b).

Notes

Mont. Admin. R. 17.30.1360

NEW, 1989 MAR p. 2060, Eff. 12/8/89; TRANS, from DHES, 1996 MAR p. 1499.

75-5-201, 75-5-401, MCA; IMP, 75-5-401, MCA;