Administrative Rules for
PART 111 HAZARDOUS WASTE MANAGEMENT
of the Natural Resources and Environmental Protection Act 1994 PA 451, as
amended
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Rule
522.
(1) A permit or license may be transferred by the
permittee or licensee to a new owner or operator only if the permit or license
has been modified pursuant to the provisions of R 299.9519(3) or a minor
modification made pursuant to the provisions of R 299.9519(5) to identify
the new licensee or permittee and incorporate such other requirements as may be
necessary pursuant to the provisions of part 111 of the act and these rules.
(2) Changes in the ownership or operational
control of a facility which is authorized to operate pursuant to the provisions
of part 111 of the act or these rules but which has not been issued an
operating license pursuant to the provisions of part 111 of the act or
these rules may be made if the new owner or operator submits a revised part a
permit application not later than 90 days before the scheduled
change. When a transfer of ownership or
operational control of a facility occurs, the old owner or operator shall
comply with the financial requirements of part 7 of these rules until the
new owner or operator has demonstrated to the director that he or she is
complying with the requirements of part 7 of these rules. The new owner or operator shall demonstrate
compliance with the provisions of part 7 of these rules within
6 months of the date of the change in the ownership or operational control
of the facility. Upon the new owner or
operator demonstrating, to the director, compliance with the provisions of
part 7 of these rules, the director, or his or her designee, shall notify
the old owner or operator, in writing, that he or she no longer needs to comply
with these requirements as of the date of the demonstration. All other interim status duties are
transferred effective immediately upon the date of the change of ownership or
operational control of the facility.
(3) The new owner or operator shall comply with
all of the requirements of part 111 of the act and these rules and with
the stipulations of previous operating licenses, construction permits, or other
agreements entered into by the previous owner or operator and the director.
(4) The responsibility for remedial measures to
correct any environmental problem resulting from previous operations at the
facility shall be assumed by the new owner or operator. This requirement shall be incorporated into
the operating license for the new owner or operator.
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These administrative rules are provided as a free
service of the State Bar of Michigan Environmental Law Section. The administrative rules, which were
re-formatted for consistency, are not intended to replace official versions and
are subject to revision and/or repeal.
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