PERMIT REISSUANCE, MODIFICATION
AND RENEWAL
§ 287.221. Permit reissuance.
(a) A transfer, assignment or sale of rights granted under a permit may not be made without obtaining permit reissuance.
(b) An application for permit reissuance shall be made on forms provided by the Department and shall contain the following:
(1) A written statement that the person assumes, upon reissuance of the permit, all liability for operation, maintenance, pollution, closure, postclosure maintenance, final cover and other responsibilities under the act, the environmental protection acts, this title and the terms and conditions of the permit from the date of original issuance of the permit.
(2) A detailed explanation of the schedule and procedure for transferring control of the facility to the applicant.
(3) For applications for the reissuance of permits that were issued prior to July 4, 1992, a complete application for permit modification to correct deficiencies identified under § 287.115 (relating to filing by permitted facilities).
(4) One of the following:
(i) An entirely new application under this article.
(ii) A written statement expressly agreeing to abide by permit conditions, and assuming responsibility for violations which have occurred or may occur on the area previously affected. The statement shall include the following:
(A) The identity of the applicant as required in § 287.124 (relating to identification of interests) and the compliance information required in § 287.125 (relating to compliance information).
(B) For residual waste disposal permits, a property map showing the extent to which disposal has been accomplished under the existing permit.
(C) The name and address of the existing permittee.
(D) Appropriate bond and insurance in the amount specified by the Department under Subchapter E (relating to bonding and insurance requirements).
(E) Proof of public notice as required by § 287.151 (relating to public notice by applicant).
(F) Departmental approval of permit reissuance under this section will not be deemed to limit the original permittee’s responsibility, liability, duty or obligation under law.
Source The provisions of this § 287.221 amended January 12, 2001, effective January 13, 2001, 31 Pa.B. 235. Immediately preceding text appears at serial page (226525).
Cross References This section cited in 25 Pa. Code § 287.141 (relating to permit application fee); 25 Pa. Code § 287.154 (relating to public notice and public hearings for permit modifications); 25 Pa. Code § 287.212 (relating to conditions of permits—general and right of entry); and 25 Pa. Code § 287.362 (relating to reissuance of permit).
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