40 C.F.R. § 122.61

Transfer of permits (applicable to State programs, see § 123.25)

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

(a) Transfers by modification. Except as provided in paragraph (b) of this section, a permit may be transferred by the permittee to a new owner or operator only if the permit has been modified or revoked and reissued (under § 122.62(b)(2)), or a minor modification made (under § 122.63(d)), to identify the new permittee and incorporate such other requirements as may be necessary under CWA.

(b) Automatic transfers. As an alternative to transfers under paragraph (a) of this section, any NPDES permit may be automatically transferred to a new permittee if:

(1) The current permittee notifies the Director at least 30 days in advance of the proposed transfer date in paragraph (b)(2) of this section;

(2) The notice includes a written agreement between the existing and new permittees containing a specific date for transfer of permit responsibility, coverage, and liability between them; and

(3) The Director does not notify the existing permittee and the proposed new permittee of his or her intent to modify or revoke and reissue the permit. A modification under this subparagraph may also be a minor modification under § 122.63. If this notice is not received, the transfer is effective on the date specified in the agreement mentioned in paragraph (b)(2) of this section.

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 1992–2022 · leading case: Arkansas Wildlife Fed'n v. Bekaert Corp., 791 F. Supp. 769 (W.D. Ark. 1992).

Sort: Relevance Newest Treatment

Arkansas Wildlife Fed'n v. Bekaert Corp., 791 F. Supp. 769 (W.D. Ark. 1992). “Among the reporting requirements set forth in the 1983 permit was the requirement that the defendant notify the EPA and ADPC & E “as soon as it knows or has reason to believe (a) [tjhat any activity has occurred or will occur which would result in the discharge of any toxic…”

Barrett Refining Corp. v. Mississippi Comm'n on Env't Quality, 751 So. 2d 1104 (Miss. Ct. App. 1999). “Pursuant to 40 C.F.R. § 122.61 , Barrett Refining notified the MDEQ of the transfer in ownership and Barrett Refining’s assumption of permit responsibility, coverage and liability for the refinery.”

Winyah Rivers All. v. Active Energy Renewable Power, LLC (E.D.N.C. 2022). “Taking the allegations in the complaint and all reasonable inferences drawn 10 therefrom as true, Winyah plausibly alleges that the North Carolina Department of Environmental Quality added Condition A(7) precisely because it thought changes to the permit might be necessary based…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.