Code of Maine Rules
06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION
096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL
Chapter 2 - RULE CONCERNING THE PROCESSING OF APPLICATIONS AND OTHER ADMINISTRATIVE MATTERS
Section 096-2-21 - License Renewals, Amendments and Transfers

Universal Citation: 06 ME Code Rules ยง 096-2-21

Current through 2024-13, March 27, 2024

Applications for renewed, amended or transferred licenses are subject to all of the provisions of this rule and the following requirements:

A. Renewals. Renewal applications must be submitted prior to the expiration of the existing license. If a renewal application is not timely submitted prior to expiration of the existing license, or is timely submitted but not accepted as complete for processing in accordance with section 11(B) of this rule, the license lapses. If the renewal application is timely submitted prior to the expiration of the license and accepted as complete for processing in accordance with section 11(B) of this rule, the terms and conditions of the existing license remain in effect until the final Department decision on the renewal application becomes effective. Renewal applications to extend the expiration date for projects that have not commenced construction are subject to the procedural and substantive requirements in effect at the time of acceptance of the renewal application.

B. Amendments. An amendment application or request for minor revision must be submitted to the Department before undertaking any modification, not exempted from licensing requirements by statute or rule, to a project or activity that is the subject of a Department license. Written approval for the modification must be received before the modification is undertaken. If a licensee seeks to amend a license regarding an issue that was the subject of an appeal to the Board, notice of the amendment application must be provided to the prior appellant(s) as if they were abutters, in accordance with section 14(A) of this rule.

C. Transfers. Except as provided in this subsection, every license issued by the Department is non-transferable unless the Department approves the license transfer. The proposed transferee must submit a license transfer application in a form approved by the Department. Both the transferor and the transferee must sign a transfer application, except as provided in this subsection.

(1) Except as described below, written consent must be applied for no later than two weeks after any transfer of ownership of property subject to a license. Pending determination on the application for approval of a transfer, the transferee shall abide by all of the conditions of such license, and is jointly or severally liable with the original licensee for any violation of the terms and conditions thereof. The transferee shall demonstrate to the Department's satisfaction the technical and financial capacity and intent to:
(a) comply with all terms and conditions of the applicable license, and

(b) satisfy all applicable statutory and regulatory criteria.

(2) The transfer of a license for a hazardous waste facility, solid waste disposal facility, waste oil facility and biomedical waste facility must be approved prior to the transfer of ownership of the property which is the subject of the license.

(3) A license pertaining to the occupational activities of persons (e.g. transporter licenses, underground oil storage tank installers, asbestos or lead abatement professionals) is not transferable, unless specifically allowed by statute or rule.

(4) If the proposed transferee demonstrates that the original licensee no longer has sufficient title, right or interest in the property subject to the license, the Department may allow the transfer application to be processed without the signature of the original licensee.

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