1. (a) Prior to the transfer of a groundwater management permit to a new permittee, the current permittee shall file a written request for the transfer with the department on the department form entitled “Application for Transfer of Groundwater Management or Release Detection Permit”, NHDES-S-02-011, 11/2025.

2. (b) The current permittee and the person to whom the permit is proposed to be transferred shall sign the transfer request. Such signatures shall constitute certification that:

   1. (1) The signer understands that NHDES has 45 days within which to approve or deny the transfer request and shall notify the proposed new and current permittee(s) in writing of its decision;

   2. (2) They understand that NHDES shall deny an application to transfer a permit if:

      1. a. The permittee or facility is not presently in compliance with the permit, these rules or any applicable statutes, unless transferring the permit would facilitate returning the facility to compliance;
      2. b. The permittee has failed to pay and outstanding penalties or fines issued under RSA 146-A, RSA 146-C, or RSA 147-A, unless all outstanding amounts will be paid in conjunction with the transfer;
      3. c. The permittee fails to pay any outstanding invoices associated with NHDES recoverable cost pursuant to RSA 146-A, RSA 146-C, RSA 147-A, or RSA 147-B; unless all outstanding amounts will be paid in conjunction with the transfer; or
      4. d. The permittee has failed to perform in accordance with a court order, consent decree, or other settlement agreement related to the property subject to the groundwater permit, unless transferring the permit will facilitate such performance; and
   3. (3) The information contained in the request is correct, complete, and not misleading to the knowledge and belief of the signer and that the signer agrees to comply with all requirements of the permit and all applicable rules.
3. (c) Within 45 days of receiving a request for transfer, the department shall approve or deny the transfer request and notify both parties of its decision in writing.

4. (d) The department shall deny an application to transfer a permit if:

   1. (1) The permittee is not presently in compliance with the permit, this chapter, or any other applicable statute or rules, unless transferring the permit would facilitate returning the facility to compliance;
   2. (2) The permittee fails to pay any outstanding penalties or fines issued under RSA 146-A, RSA 146-C, or RSA 147-A, unless all outstanding amounts will be paid in conjunction with the transfer;
   3. (3) The permittee fails to pay any outstanding invoice associated with the department’s recoverable cost pursuant to RSA 146-A, RSA 146-C, RSA 147-A, or RSA 147-B, unless all outstanding amounts will be paid in conjunction with the transfer; or
   4. (4) The permittee has failed to perform in accordance with a court order, consent decree, or other settlement agreement relating to the property subject to the groundwater permit, unless transferring the permit would facilitate such performance.
5. (e) If the current permittee is unable or unwilling to file a written request for the transfer with the department, the new permittee may file the request. If the new permittee files the request pursuant to this paragraph, the signature of the current permittee shall not be required.

Source. (See Revision Note at chapter heading for Env-Or 600) #8812, eff 2-1-07; ss by #10831, eff 6-1-15; ss by #14419, eff 11-4-25, EXPIRES: 11-4-35