74:55:01:09.  Permit transfer. Permits may be transferred from a permittee to another person by providing written notice to the secretary at least 90 days before the proposed transfer. The permittee must submit the following information to the secretary in writing by certified mail before the proposed transfer date:

          (1)  The name and address of the current facility;

          (2)  The name and address of the new owners;

          (3)  The permit number;

          (4)  The names of the new principal persons responsible for the permit; and

          (5)  A notarized statement signed by the new principal officer stating that the principal officer has read the permit and will abide by all the conditions of the permit. The current permittee must include in the notice of proposed transfer a written agreement between the current and the new permittee which includes a specific date for transfer of responsibility for the permit, its coverage, and the liability between the parties.

          The secretary shall provide notice to the board of the proposed transfer. A permit is automatically transferred to the new permittee if the secretary does not petition the board to review the permit prior to the proposed transfer date. If no petition is filed, the transfer becomes effective on the proposed transfer date. The new permittee may demonstrate financial resources in the form of bonding or other financial assurance approved by the secretary.

          Source: 8 SDR 71, effective December 24, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:03:11:09, July 1, 1996; 34 SDR 279, effective May 12, 2008.

          General Authority: SDCL 34A-2-93(15).

          Law Implemented: SDCL 34A-2-28.