(a) A permit
must be transferred or notification provided to the Department as follows:
(1) If the owner and permittee are the same
person and there is a change in ownership, the permit must be transferred to
the new owner of the dam, water obstruction or encroachment.
(2) If the owner and permittee are not the
same person and there is a change of permittee, but not ownership of the dam,
water obstruction or encroachment, the permit must be transferred to the new
permittee.
(3) If the owner and
permittee are not the same person and there is a change in ownership, but not
permittee of the dam, water obstruction or encroachment, the change in
ownership must be reported by the permittee to the Department in writing within
30 days.
(b) A permit will
only be transferred upon application to and approval by the Department. An
application for transfer shall be submitted on forms provided by the
Department.
(c) A permit may not be
transferred if a violation of this chapter exists at the time of application
for transfer unless the transfer will expedite correction of the
violation.
(d) The new permittee
shall expressly agree to abide by the permit conditions and shall, if
applicable:
(1) Provide the Department with
proof of financial responsibility or security in accordance with §
105.13b (relating to proof of
financial responsibility).
(2)
Obtain a license, easement, right-of-way or other interest in the submerged
lands of this Commonwealth in accordance with §§
105.31-
105.35 (relating to submerged
lands of the Commonwealth-licenses and annual charges).
(e) The original permittee will not be
relieved of an obligation to comply with this chapter, the terms and conditions
of the permit or an order issued by the Department until the transfer has been
approved.
(f) Upon receipt of the
approved application for transfer, the applicant shall affix the approved
application for transfer to the original permit. The approved application for
transfer shall become part of, and remain affixed to, the original permit. The
Department may prepare a new permit to replace worn or obsolete
documents.
Notes
The
provisions of this § 105.25 adopted August 11, 1978, effective
8/28/1978, 8 Pa.B. 2229; amended
September 26, 1980, effective 9/27/1980, 10 Pa.B. 3843; amended October 11,
1991, effective 10/12/1991, 21
Pa.B. 4911; amended January 7, 2011, effective 1/8/2011, 41 Pa.B.
219.
The provisions of this § 105.25 amended under
the Dam Safety and Encroachments Act (32 P. S. §§
693.1-693.27); The Clean Streams
Law (35 P. S. §§
691.1-691.1001); section 7 of the
act of June 14, 1923 (P. L. 704, No. 294) (32 P. S. §
597); sections 514, 1901-A, 1908-A, 1917-A
and 1920-A of The Administrative Code of 1929 (71 P. S. §§
194,
510-1,
510-8,
510-17 and
510-20); and the Flood Plain
Management Act (32 P. S. §§
679.101-679.601).
This section cited in 25 Pa. Code §
105.13 (relating to regulated
activities-information and fees).
