1. (a) A septage hauler permit or septage holding tank(s) permit shall be issued to the applicant for each tank identified in the application and shall not be sold, assigned, or otherwise transferred by the applicant to any other person or tank unless prior approval is obtained from the department in accordance with (c) and (d) below.
2. (b) A site, facility, or septage holding tank permit, certification, or any associated waivers shall be issued to the applicant and shall not be sold, assigned, or otherwise transferred by the holder of the permit, certification, or waiver to any other person unless prior approval is obtained from the department in accordance with (c) and (d) below.

3. (c) The person wishing to transfer a permit, certification, or any associated waivers shall complete and submit to the department:

   1. (1) An "Application for Transfer, Modification, or Renewal of a Sludge or Septage Permit" form, NHDES-W-09-044, February 2025, available at https://onlineforms.nh.gov/?formtag=NHDES-W-09-044;
   2. (2) A copy of the original application;
   3. (3) A copy of the permit, certification, or waiver;
   4. (4) A written explanation of any changes that are proposed to the permit, certification, waiver, the site plan, the facility plan, or the management plan, as applicable;
   5. (5) A list of all changes that will require notification pursuant to Env-Wq 1603.12(e); and
   6. (6) A list of all outstanding violations for the site or facility, if any.
4. (d) The person to whom the permit, certification, or any associated waivers is proposed to be transferred shall submit a signed certification declaring whether or not the person has been convicted of a misdemeanor under any statute administered by the department within the 5 years prior to the date of application, or of a felony in any state or federal court during the 10 years prior to the date of application.

5. (e) The department shall approve such transfer if:

   1. (1) The holder of the permit, certification, or any associated waivers is in compliance with these rules and all applicable conditions of the permit, certification, or waiver;
   2. (2) Any outstanding violations will be corrected by the current permit or certification holder prior to or as a result of the transfer;
   3. (3) Any proposed changes are in compliance with these rules and all applicable conditions of the permit, certification, or waiver;
   4. (4) Good cause as defined by Env-Wq 1603.09(g) to suspend, revoke, or refuse to renew the permit, certification, or any associated waivers does not exist, unless the reason that good cause exists can be corrected prior to or as a result of the transfer of the permit, certification, or waiver; and
   5. (5) The person to whom the permit, certification, or any associated waivers is proposed to be transferred has not been convicted of a misdemeanor under any statute administered by the department within the 5 years prior to the date of application, or of a felony in any state or federal court during the 10 years prior to the date of application.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24; ss by #14205, EXRF, eff 2-27-25