Section R18-9-C904. Change of Ownership or Operator Under a Gen- eral Permit

If a change of ownership or operator occurs for a facility operating under a general permit:

1.        Permitted owner or operator. The permittee shall provide the Department with a Notice of Termination by certified mail within 30 days after the new owner or operator assumes responsibility for the facility.

a.         The Notice of Termination shall include all require- ments for termination specified in the general permit for which the Notice of Termination is submitted.

b.        A permittee shall comply with the permit conditions specified in the general permit for which the Notice of Termination is submitted until the Notice of Ter- mination is received by the Department.

2.        New owner or operator.

a.         The new owner or operator shall complete and file a Notice of Intent with the Department within the time period specified in the general permit before taking over operational control of, or initiation of activities at, the facility.

b.        If the previous permittee was required to implement a stormwater pollution prevention plan, the new owner shall develop a new stormwater pollution pre- vention plan, or may modify, certify, and implement the old stormwater pollution prevention plan if the old stormwater pollution prevention plan complies with the requirements of the current general permit.

c.         The permittee shall provide the Department with a Notice of Termination if a permitted facility ceases operation, ceases to discharge, or changes operator status. In the case of a construction site, the permit- tee shall submit a Notice of Termination to the Department when:

i.         The facility ceases construction operations and the discharge is no longer associated with con- struction or construction-related activities,

ii.        The construction is complete and final site sta- bilization is achieved, or

iii.      The operator’s status changes.

Historical Note

New Section made by final rulemaking at 7 A.A.R. 5879, effective December 7, 2001 (Supp. 01-4).