Section 329IAC11-11-5. Transferability of permits; change of ownership interest

   (a) A permit may be transferred to another person by the permittee, without the need for a:

(1) new permit; or

(2) modification or revocation of the existing permit;

being required, if the permittee notifies the commissioner of the proposed transfer at least sixty (60) days before the proposed date of transfer on forms provided by the commissioner.

  (b) Along with the notification form, the permittee must provide the following:

(1) A disclosure statement meeting the requirements of IC 13-19-4-2(1) or IC 13-19-4-2(2) executed by:

(A) the transferee; and

(B) each person who is a responsible party with respect to the transferee;

unless IC 13-19-4-2 does not apply under the provisions of IC 13-19-4-1(a)(2).

(2) A written agreement containing a specific date of transfer of permit responsibility.

(3) Proof of financial responsibility of the transferee as provided in 329 IAC 10-39, if required by the commissioner.

(4) Proof that:

(A) the transferee is, or will be, the owner of the facility; or

(B) the facility will be leased to the transferee.

  (c) A permit may not be transferred if the transferee has:

(1) been convicted under IC 13-30-6 [IC 13-30-6 was repealed by P.L.137-2007, SECTION 37, effective July 1, 2007.] or IC 36-9-30-35; or

(2) had a permit to operate under this article or previous articles:

(A) 329 IAC 1.5, which was repealed in 1989; or

(B) 329 IAC 2, which was repealed in 1996;

revoked by the commissioner under IC 13-15-7.

  (d) The transfer will be effective on the specific date of transfer provided by the permittee unless the commissioner notifies the permittee and the transferee that the transfer will be denied under IC 13-19-4-5 through IC 13-19-4-7.

  (e) Notwithstanding the transfer of a permit, a variance must not be transferred to another person.

  (f) Subject to IC 13-19-4-8(a), if there is a change of at least fifty percent (50%) ownership control of an entity, but less than a change of the entire ownership control of an entity, that holds a permit described in IC 13-15-1-3, then the entity must, not later than thirty (30) days after the change of ownership control is completed, submit to the department the disclosure statement required by IC 13-19-4-3(a) and IC 13-19-4-3(b).

  (g) The requirement of subsection (f) applies to the transfer of a permit described in IC 13-19-4-1(a)(2).

  (h) Upon receipt of the disclosure statement required under subsection (f), the commissioner shall follow the procedures and requirements of IC 13-19-4-8(f) and, if applicable, IC 13-19-4-8(g). (Solid Waste Management Division; 329 IAC 11-11-5; filed Mar 14, 1996, 5:00 p.m.: 19 IR 1940; errata filed Apr 4, 1996, 4:00 p.m.: 19 IR 2047; readopted filed Nov 16, 2001, 4:43 p.m.: 25 IR 1130, eff Jan 1, 2002; readopted filed May 14, 2007, 1:53 p.m.: 20070523-IR-329070138BFA; filed Feb 13, 2008, 1:38 p.m.: 20080312-IR-329050297FRA; readopted filed Aug 6, 2014, 9:49 a.m.: 20140903-IR-329140187BFA; readopted filed Jun 6, 2016, 11:52 a.m.: 20160706-IR-329160144BFA.1)