Ala. Admin. Code r. 335-6-5-.19 Transfer, Modification, Revocation and Reissuance, and Termination of Permits

• Library: Alabama Administrative Code
• Edition: 2023
• Currency: Current through Register Vol. 42, No. 3, December 29, 2023
• Year: 2023
• Citation: Ala. Admin. Code r. 335-6-5-.19

Subject to appeal rights of the permittee, the Department may transfer, modify, or revoke and reissue any SID Permit during its term for cause, including but not limited to, the causes listed in this Rule. All applicable fees required by Chapter 335-1-6 shall be paid prior to permit transfer, modification, or revocation and reissuance, when the permit action is at the request of the permittee.

(a) Permit Transfers. A permit may be transferred from the permittee to a new operator only if the permit has been modified, revoked and reissued, or a minor modification made to identify the new permittee:

1. If there is to be no change in the operation of the facility which would affect the permittee's ability to comply with the permit and if there are to be no new, different, altered or increased discharges from the facility, the permit may be transferred by modification revocation and reissuance, or by a minor modification of the permit, provided that the reporting requirements of subparagraph 335Conditions Applicable To SID Permits335-6-5-.15(12)(d) are complied with.

2. If there are to be changes in the facility which would result in new, different, altered, or increased discharges from the facility, the transfer of ownership or operational obligations may be accomplished by complying with the reporting requirements of subparagraph 335Conditions Applicable To SID Permits335-6-5-.15(12)(b) but no new, different, altered, or increased discharges may commence until a new application and, if required by the Department, an engineering report describing such discharges have been submitted to the Department and the permit has been revoked and reissued or modified accordingly.

3. If the entity to which a permit is requested to be transferred, owns or operates facilities within the state which are in substantial noncompliance, as determined by the Director, the Director may refuse to transfer the permit until noncompliance is corrected or significant progress is made to achieve compliance.

(b) Modification or Revocation and Reissuance of Permits.

1. The following are causes for modification or revocation and reissuance of permits (i) When the Director receives any information (for example, inspects the facility, receives information submitted by the permittee as required in the permit, receives a written...