| (a) A permit is issued in personam and may be transferred
only upon approval of the commission. No transfer is required for
a corporate name change, as long as the secretary of state can verify
that a change in name alone has occurred. An attempted transfer is
not effective for any purpose until actually approved by the commission.
(b) Except as provided otherwise in subsection (g)
of this section, either the transferee or the permittee shall submit
to the executive director an application for transfer at least 30
days before the proposed transfer date. The application shall contain
the following:
(1) the name and address of the transferee;
(2) date of proposed transfer;
(3) if the permit requires financial responsibility,
the method by which the proposed transferee intends to assume or provide
financial responsibility, including proof of such financial responsibility
to become effective when the transfer becomes effective;
(4) a fee of $100 to be applied toward the processing
of the application, as provided in §305.53(a) of this title (relating
to Application Fee);
(5) a sworn statement that the application is made
with the full knowledge and consent of the permittee if the transferee
is filing the application; and
(6) any other information the executive director may
reasonably require.
(c) If no agreement regarding transfer of permit responsibility
and liability is provided, responsibility for compliance with the
terms and conditions of the permit and liability for any violation
associated therewith is assumed by the transferee, effective on the
date of the approved transfer. This section is not intended to relieve
a transferor of any liability.
(d) The executive director must be satisfied that proof
of any required financial responsibility is sufficient before transmitting
an application for transfer to the commission for further proceedings.
(e) If a person attempting to acquire a permit causes
or allows operation of the facility before approval is given, such
person shall be considered to be operating without a permit or other
authorization.
(f) The commission may refuse to approve a transfer
where conditions of a judicial decree, compliance agreement, or other
enforcement order have not been entirely met. The commission shall
also consider the prior compliance record of the transferee, if any.
(g) For permits involving hazardous waste under the
Texas Solid Waste Disposal Act, Texas Health and Safety Code Annotated,
Chapter 361 changes in the ownership or operational control of a facility
may be made as Class 1 modifications with prior written approval of
the executive director in accordance with §305.69 of this title
(relating to Solid Waste Permit Modification at the Request of the
Permittee). The new owner or operator must submit a revised permit
application no later than 90 days prior to the scheduled change. A
written agreement containing a specific date for transfer of permit
responsibility between the current and new permittees must also be
submitted to the executive director. When a transfer of ownership
or operational control occurs, the old owner or operator shall comply
with the requirements of Chapter 37, Subchapter P of this title (relating
to Financial Assurance for Hazardous and Nonhazardous Industrial Solid
Waste Facilities), until the new owner or operator has demonstrated
compliance with the requirements of Chapter 37, Subchapter P of this
title. The new owner or operator must demonstrate compliance with
the requirements of Chapter 37, Subchapter P of this title within
six months of the date of the change of ownership or operational control
of the facility. Prior to the executive director issuing the permit
modification transferring the permit, the new owner or operator must
provide proof of financial assurance in compliance with Chapter 37,
Subchapter P of this title. Upon demonstration to the executive director
of compliance with Chapter 37 of this title (relating to Financial
Assurance), the executive director shall notify the old owner or operator
that he no longer needs to comply with Chapter 37, Subchapter P of
this title as of the date of demonstration.
(h) The commission may transfer permits to an interim
permittee pending an ultimate decision on a permit transfer if it
finds one or more of the following:
(1) the permittee no longer owns the permitted facilities;
(2) the permittee is about to abandon or cease operation
of the facilities;
(3) the permittee has abandoned or ceased operating
the facilities; and
(4) there exists a need for the continued operation
of the facility and the proposed interim permittee is capable of assuming
responsibility for compliance with the permit.
(i) The commission may transfer a permit involuntarily
after notice and an opportunity for hearing, for any of the following
reasons:
(1) the permittee no longer owns or controls the permitted
facilities;
(2) if the facilities have not been built, and the
permittee no longer has sufficient property rights in the site of
the proposed facilities;
(3) the permittee has failed or is failing to comply
with the terms and conditions of the permit;
(4) the permitted facilities have been or are about
to be abandoned;
(5) the permittee has violated commission rules or
orders;
(6) the permittee has been or is operating the permitted
facilities in a manner which creates an imminent and substantial endangerment
to the public health or the environment;
(7) foreclosure, insolvency, bankruptcy, or similar
proceedings have rendered the permittee unable to construct the permitted
facilities or adequately perform its responsibilities in operating
the facilities; or
(8) transfer of the permit would maintain the quality
of water in the state consistent with the public health and enjoyment,
the propagation and protection of terrestrial and aquatic life, and
the operation of existing industries, taking into consideration the
economic development of the state and/or would minimize the damage
to the environment; and
(9) the transferee has demonstrated the willingness
and ability to comply with the permit and all other applicable requirements.
(j) The commission may initiate proceedings in accordance
with the Texas Water Code, Chapter 13, for the appointment of a receiver
consistent with this section.
(k) For standard permits, changes in the ownership
or operational control of a facility may be made as a Class 1 modification
to the standard permit with prior approval from the executive director
in accordance with §305.69(k) of this title.
|
| Source Note: The provisions of this §305.64 adopted to be effective June 19, 1986, 11 TexReg 2594; amended to be effective July 14, 1987, 12 TexReg 2102; amended to be effective July 19, 1989, 14 TexReg 3297; amended to be effective October 29, 1990, 15 TexReg 6015; amended to be effective March 21, 2000, 25 TexReg 2368; amended to be effective September 12, 2002, 27 TexReg 8560; amended to be effective October 29, 2009, 34 TexReg 7315; amended to be effective February 21, 2013, 38 TexReg 970; amended to be effective June 11, 2020, 45 TexReg 3773 |
