§ 236.226. Conditions of the license.
(a) A license issued under this chapter, or a right thereunder, may not be transferred, assigned or disposed of, either voluntarily or involuntarily, directly or indirectly, through transfer of control of the license to another person, unless the Department finds, after securing full information, that the transfer is in accordance with the act and the Department gives its consent in writing in the form of a license amendment.
(b) The licensee shall submit written statements under oath upon request of the Department, before termination of the license, to enable the Department to determine whether the license should be modified, suspended or revoked.
(c) The license will be transferred to the custodial agency on the full implementation of the site closure and decommissioning plan as approved by the Department, including postclosure observation and maintenance.
(d) The licensee shall be subject to the act and to this title and orders of the Department. The terms and conditions of the license are subject to amendment, by reason of amendments to, or by reason of this title and order issued under the act.
(e) The person licensed by the Department under this chapter shall confine possession and use of materials to the locations and purposes authorized in the license.
(f) The licensee may not dispose of waste until the Department has inspected the disposal facility and has found it to be in conformance with plans described in the application for a license and approved by the Department.
(g) The Department may incorporate in the license at the time of issuance, or thereafter, by appropriate rule, regulation or order, additional requirements and conditions with respect to the licensee’s receipt, possession and disposal of waste as the Department deems appropriate or necessary to:
(1) Protect health or minimize danger to life or the environment.
(2) Provide for inspections or activities under the license that may be necessary or appropriate to effectuate the purposes of the act and regulations thereunder.
(3) Require tests, reports and the keeping of records.
(h) The authority to dispose of wastes expires on the date stated in the license. The Department will, on a 5-year basis, review the license and conditions of the license. An expiration date on the license applies only to operational activities and to the authority to dispose of waste. Failure to revise the license does not relieve the licensee of responsibility for implementing site closure and decommissioning, postclosure observation and transfer of the license to the Commonwealth.
(i) The license may be revoked, suspended or modified for a material false statement in the application, or because of conditions revealed by a report, record or inspection or other means which would warrant the Department to refuse to grant a license for the original application.
(j) The licensee shall allow the Department, its agents and employes, and the host municipality and host county inspectors, without advance notice or search warrant, upon presentation of appropriate credentials and without delay, to have access to areas where disposal activities are conducted and to examine the records and books relating thereto.
(k) The licensee shall update on an annual basis the general information required under § 236.205 (relating to general information) and other information the Department may require.
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