(a) Permits issued under this part shall remain freely transferable provided:

1. (1) The applicant for the transfer notifies the Director of the Division of Environmental Quality at least thirty (30) days in advance of the proposed transfer date on such forms as the director may reasonably require; and
2. (2) Submits a disclosure statement or other such documents as required.

(b) The director may deny the issuance or transfer of any permit, license, certification, or operational authority if he or she finds, based upon the disclosure statement and other investigation which he or she deems appropriate, that:

1. (1) The applicant has a history of noncompliance with the environmental laws or rules of this state or any other jurisdiction;
2. (2) An applicant which owns or operates other facilities in the state is not in substantial compliance with, or on a legally enforceable schedule that will result in compliance with, the environmental laws or rules of this state; or
3. (3) A person with a history of noncompliance with environmental laws or rules of this state or any other jurisdiction is affiliated with the applicant to the extent of being capable of significantly influencing the practices or operations of the applicant which could have an impact upon the environment.