1. (a) 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.

2. (b) The department shall deny an application to transfer a permit if:

   1. (1) The facility is not presently in compliance with the permit, these rules, or any other applicable statutes or rules, unless transferring the permit would facilitate returning the facility to compliance;
   2. (2) The permittee has failed 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 has failed 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 permit, unless transferring the permit would facilitate such performance.

Source. #8812, eff 2-1-07; ss by #10832, eff 6-1-15; ss by #14420, eff 11-4-25, EXPIRES: 11-4-35 (formerly Env-Or 703.16)