A.
Applicability. The permit-by-rule licensing provisions of this section
shall apply to the transfer of utilization site licenses that meet all of the
standards of this section. Failure to meet any of these standards will require
formal application to the Department for a utilization site license transfer
under section 2(E) of this chapter. Sites transferred under this section are
subject to the applicable operating standards in section 4 of this chapter, the
operational standards contained in the site license(s), and the receiving
generator's program license. No variances to the requirements of this section
may be granted.
B.
Standards
(1) Both generators generate
the same kind of residual, such as sewage sludge treated to a class B pathogen
reduction standard;
(2) Both
generators agree to the transfer;
(3) The receiving generator must be in
substantial compliance with its program license;
(4) Both program licenses must require the
same siting standards;
(5) The
entire site is being transferred; and
(6) All residuals from the current license
holder must have been properly utilized or removed from the site prior to
filing the transfer notification.
C.
Notification Requirements. At
least 15 working days prior to transferring the license, the generator who is
obtaining the site shall submit to the Department a permit-by-rule notification
on a form developed by the Department. This notification must include:
(1) The generators' name, address, telephone
number and contact person;
(2) The
appropriate application fee;
(3)
Both generators' program license numbers;
(4) Public Notice. Proof that public notice
of the application has been provided as required in section 2(F) of this
chapter.
(5) The site license
number;
(6)
Title,
Right or Interest. Information demonstrating that the generator has sufficient
title, right or interest in a property proposed for utilization by providing
one of the following:
(a) Submissions
enumerated in 06-096 CMR ch. 2, section 11(D); or
(b) A copy of an agreement between a
landowner and a residual generator certifying that the owners own the land and
allowing utilization and if applicable storage of the residual on the
landowner's property. The agreement must also include the signature, name and
address of the generator and all property owners, and site location;
(7)
Fee. The
appropriate application fee; and
(8)
Certification. A statement
signed by the applicant stating that all the standards in this section have
been met, and all applicable requirements of these rules and the transferred
license will be met.
