49-429. Permit transfers; notice;
appeal
A. A permit shall not be transferable, whether by operation of law or otherwise,
either from one location to another or from one source to another.
B. Subsection A shall not apply to mobile or portable source which is transferred
from one location to another after notification to the department of the transfer.
C. A permit may be transferred from one person to another whether by operation of
law or otherwise if the person who holds the permit notifies the director in writing
before the transfer. The notice shall be in writing and shall include the name, address,
telephone number and statutory agent of the person to whom the permit will be
transferred, the effective date of the proposed transfer and other information the
director may determine to be necessary by rule. The director shall prescribe procedures
for this notice.
D. If the director determines that the transferee is not capable of operating the
source in compliance with the requirements of this article, rules adopted under this
article and the conditions established in the permit, the transfer shall be denied. In
order for the denial to be effective, notice of the director's denial, including the
reasons for the denial, shall be issued within ten working days of the director's receipt
of the notice of proposed transfer.
E. Denial of a permit transfer may be appealed as an appealable agency action
pursuant to title 41, chapter 6, article 10.
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