A. Except as provided in A.R.S. § 49-483 and subsection B of this section, a permit may be transferred to another person if:
1. The person who holds the permit gives notice of the following to the control officer in writing at least thirty days before the proposed transfer:
a. The permit number and expiration date;
b. The name, address and telephone number of the current permit holder;
c. The name, address and telephone number of the organization to receive the permit;
2. The new owner gives notice of the following to the control officer in writing at least thirty days before the proposed transfer:
a. The name and title of the individual within the organization who is accepting responsibility for the permit along with a signed statement by that person indicating such acceptance;
b. A description of the equipment to be transferred;
c. A written agreement containing a specific date for transfer or permit responsibility, coverage, and liability between the current and new permittee;
d. Provisions for the payment of any fees pursuant to Chapter 17.12, Article V that will be due and payable before the effective date of transfer;
e. Sufficient information about the source's technical and financial capabilities of operating the source to allow the control officer to make the decision in subsection B of this section including:
i. The qualifications of each person principally responsible for the operation of the source,
ii. A statement by the chief financial officer of the new permittee that it is financially capable of operating the facility in compliance with the law, and the information that provides the basis for that statement,
iii. A brief description of any action for the enforcement of any federal or state law, rule or regulation, or any county, city or local government ordinance relating to the protection of the environment, instituted against any person employed by the new permittee and principally responsible for operating the facility during the five years preceding the date of application. In lieu of this description, the new permittee may submit a copy of the certificate of disclosure or 10K form required under A.R.S. § 49-109, or a statement that this information has been filed in compliance with A.R.S. § 49-109.
B. The control officer shall deny the transfer if the control officer determines that the organization receiving the permit is not capable of operating the source in compliance with Article 3, Chapter 3, Title 49, Arizona Revised Statutes, the provisions of this title or the provisions of the permit. Notice of the denial shall be sent to the original permit holder by certified mail stating the reason for the denial within ten working days of the control officer's receipt of the application. If the transfer is not denied within ten working days after receipt of the notice, it shall be deemed approved.
C. To appeal the transfer denial:
1. Both the transferor and transferee shall petition the hearing board in writing for a public hearing; and
2. The appeal process for a permit shall be followed.
D. The control officer shall make available to the public monthly summaries of all notices received under this section.
(Ord. 2017-20 § 2 (part), 2017)
Editor's note— Formerly § 17.12.290.