SECTION 252:517-3-2. Permit transfer

(a)   Transfer required. If the ownership of a CCR unit is assumed by a new entity, the permit must be transferred from the previous owner/operator ("transferor") to the new owner/operator ("transferee").

(b)   Exception. Changes in corporate ownership from majority stock transfers do not require a permit transfer. However, such changes require notice to DEQ and submittal of an approved disclosure statement meeting the requirements of OAC 252:517-3-3(g).

(c)   Transfer requirements. Permits may be transferred from the transferor to the transferee upon the following conditions:

(1)   the transferor has submitted a written request to DEQ for transfer of the permit to the transferee;

(2)   the transferee has submitted an approved disclosure statement meeting the requirements of OAC 252:517-3-3(g);

(3)   the transferee has, if required, established an approved financial assurance mechanism in an appropriate amount and appropriately funded;

(4)   the transferee has agreed in writing to comply with:

(A)   all permit conditions;

(B)   approved plans and specifications;

(C)   the Oklahoma Solid Waste Management Act, as applicable;

(D)   the rules in this Chapter; and

(E)   any final orders issued pursuant thereto;

(5)   the transferee has complied with OAC 252:517-3-4; and

(6)   the facility meets the compliance requirements of OAC 252:4-7-15. In lieu of demonstrating substantial compliance, the parties to the transfer may enter into a Consent Order with DEQ to schedule compliance.

(d)   Transferor responsible. Until such time as DEQ approves transfer of the permit to the transferee, the transferor shall remain responsible for the operation of the facility.

[Source: Added at 33 Ok Reg 1469, eff 9-15-16]