Authority: IC 13-14-8; IC 13-14-9; IC 13-15-1-2; IC 13-15-2-1; IC 13-18- 3

Affected: IC 4-22-2; IC 13-11-2; IC 13-18-4

Sec. 8. (a) Unless otherwise stated in an applicable general permit or this article, responsibility for the NOI submission requirements and the applicable general permit may be transferred if the following occur:

1. (1) The current permittee notifies the commissioner at least thirty (30) days in advance of the proposed transfer date in subdivision (2).

2. (2) A written agreement containing a specific date for transfer of permit responsibility and coverage between the current permittee and the transferee is submitted to the commissioner, including acknowledgment that the:

   1. (A) existing permittee is liable for violations up to the date of transfer; and
   2. (B) transferee is liable for violations from the date of transfer and afterward.

3. (3) The transferee certifies in writing to the commissioner the intent to operate the facility without making material and substantial:

   1. (A) alterations; or
   2. (B) additions;
4. to the facility that would significantly change the nature or quantities of pollutants discharged.

(b) The commissioner may require that a new NOI be submitted rather than accepting the transfer of the NOI requirements.

(Water Pollution Control Division; 327 IAC 15-2-8; filed Aug 31, 1992, 5:00 p.m.: 16 IR 18; filed Oct 27, 2003, 10:15 a.m.: 27 IR 831; filed Nov 18, 2021, 11:08 a.m.: 20211215-IR-327180238FRA; readopted filed Oct 18, 2024, 1:57 p.m.: 20241113-IR-327230810RFA)