Section 327IAC15-2-8. Transferability of notification requirements

   (a) Unless other requirements are found within specific rules under this article, compliance with the NOI letter submission requirements under this article may be transferred if the following occurs:

(1) The current permittee notifies the commissioner at least thirty (30) days in advance of the proposed transfer date in subdivision (2).

(2) A written agreement containing a specific date for transfer of permit responsibility and coverage between the current permittee and the transferee (including acknowledgment that the existing permittee is liable for violations up to that date and that the transferee is liable for violations from that date on) is submitted to the commissioner.

(3) The transferee certifies in writing to the commissioner intent to operate the facility without making such material and substantial alterations or additions to the facility as would significantly change the nature or quantities of pollutants discharged.

  (b) The commissioner may require that a new NOI letter be submitted rather than agreeing to the transfer of the NOI letter requirements. (Water Pollution Control Division; 327 IAC 15-2-8; filed Aug 31, 1992, 5:00 p.m.: 16 IR 18; filed Oct 27, 2003, 10:15 a.m.: 27 IR 831)