Section 327IAC5-2-6. Duration of permits and transferability of permits

   (a) A permit shall be issued for a fixed term not to exceed five (5) years. Permits of less than five (5) years duration may be issued in appropriate circumstances at the discretion of the commissioner. A permit may be modified, revoked and reissued, or terminated prior to the expiration of the term for cause, as specified in section 16 of this rule, or in accordance with conditions set forth in the permit (as in a reopening clause). In no event may the term of a permit be extended beyond five (5) years from its original effective date by modification, extension, or other means, except as provided in subsection (b).

  (b) The terms and conditions of an expired permit are automatically extended in full force and effect until the effective date of a new permit, if:

(1) the permittee has submitted a timely and sufficient application for a new permit under section 3 of this rule and 327 IAC 5-3-2; and

(2) the commissioner, through no fault of the permittee, does not issue a new permit prior to the expiration date of the previous permit.

  (c) Except as provided in this subsection, a permit may be transferred by the permittee to a new owner or operator only if the permit has been modified or revoked and reissued under section 16(c)(1) or 16(e)(4) of this rule, to identify the new permittee and incorporate such other requirements as may be necessary under the CWA. A permit may be transferred to another person by a permittee, without modification or revocation and reissuance being required, 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 acknowledgement 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 commission 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 and thus constitute cause for permit modification under section 16(d) of this rule. However, the commissioner may allow a temporary transfer of the permit without permit modification for good cause, e.g., to enable the transferee to purge and empty the facility's treatment system prior to making alterations, despite the transferee's intent to make such material and substantial alterations or additions to the facility.

(4) The commissioner, within thirty (30) days, does not notify the current permittee and the transferee of the intent to modify, revoke and reissue, or terminate the permit and to require that a new application be filed rather than agreeing to the transfer of the permit.

(Water Pollution Control Division; 327 IAC 5-2-6; filed Sep 24, 1987, 3:00 p.m.: 11 IR 619; filed Feb 26, 1993, 5:00 p.m.: 16 IR 1740)