Section 312IAC6.2-2-3. Facility sale or transfer of all or a portion of baseline volume  


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  •    (a) This section applies to the sale or other transfer of a facility with a baseline volume.

      (b) Not later than March 31 of the year following a sale or other transfer to another person of a right to use all or a portion of a facility's baseline volume, the facility must notify the division on a department form. The notification must include the name and contact information for the buyer or other transferee and any other information reasonably required on the form to achieve compliance with this rule.

      (c) If a facility does not comply with subsection (b), the sale or transfer is ineffective under IC 14-25-15 and this article. A facility violates this article if the facility authorizes another person to use all or a portion of the facility's baseline volume without complying with subsection (b). A person also violates this article by using any portion of the baseline volume of a facility unless the facility complies with subsection (b).

      (d) For a sale or transfer that is effective, the buyer or transferee is beneficiary to the amount of the baseline volume that is sold or transferred. The amount of the approved baseline volume of the seller or transferor is reduced by the amount sold or transferred.

      (e) A buyer or transferee must comply with any action required by Section 4.12(4) of IC 14-25-15-1. (Natural Resources Commission; 312 IAC 6.2-2-3; filed Jul 9, 2014, 11:14 a.m.: 20140806-IR-312130335FRA, eff Sep 1, 2014)