327 Ind. Admin. Code 6.1-3-5

Current through October 16, 2024

Section 327 IAC 6.1-3-5 - Transferability

Authority: IC 13-14-8-7; IC 13-15-1-2; IC 13-15-2-1; IC 13-18-3-1; IC 13-18-12-4

Affected: IC 13-15-7; IC 13-18

Sec. 5.

(a) A permit issued under this article may be transferred to another person by a permittee if:

(1) the permittee notifies the commissioner of the proposed transfer at least forty-five (45) days prior to the date of the proposed transfer of the permit; and

(2) a written agreement is submitted to the commissioner containing:

(A) a specific date for transfer of permit responsibilities; and

(B) coverage between the current and the new permittee, including acknowledgment:

(i) that the existing permittee is liable for violations up to that date; and

(ii) that the new permittee is liable for any permit violations after the date of transfer.

(b) The commissioner shall notify within thirty (30) days the current permittee and the proposed new permittee if the commissioner determines that:

(1) the permit is to be modified prior to transfer; or

(2) the current permit is to be terminated and a new permit application is to be filed by the proposed new permittee.

(c) Permits issued under 327 IAC 6, which was repealed in 1998, are not transferrable.

327 IAC 6.1-3-5

Water Pollution Control Board; 327 IAC 6.1-3-5; filed May 15, 1998, 10:20 a.m.: 21 IR 3787; errata filed May 20, 1998, 1:15 p.m.: 21 IR 3939; readopted filed Jan 10, 2001, 3:23 p.m.: 24 IR 1518; readopted filed Nov 21, 2007, 1:16 p.m.: 20071219-IR-327070553BFA

Readopted filed Jul 29, 2013, 9:21 a.m.: 20130828-IR-327130176BFA; readopted filed Jun 14, 2019, 1:59 p.m.: 20190710-IR-327190246BFA