Code of Massachusetts Regulations
310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION
Title 310 CMR 19.000 - Solid Waste Management
Part I - GENERAL REQUIREMENTS, PROCEDURES AND PERMITS
Section 19.044 - Transfer of Permits
Current through Register 1531, September 27, 2024
General. No sale, assignment, or transfer of the rights or privileges, or effective control of such rights or privileges, granted under a permit to establish, expand, construct, operate or maintain a facility shall be valid until a responsible official of the transferee submits a transfer certification (on a form prepared by the Department) in accordance with 310 CMR 19.011(1) to the Department indicating:
(a) proof that notice that the facility is operating or was operated has been recorded in the registry of deeds, or if the site is registered land, in the registry section of the land court for the district wherein the land lies. The notice shall be captioned "Notice of Solid Waste Facility" and shall contain a title reference citing the source of title of the land on which the facility is to be constructed (i.e., the deed with book and page number if recorded land; probate number if acquired through a probate proceeding; and certificate of title number if registered land). This notice shall be incorporated either in full or by reference into all future deeds, and any other instrument of transfer, which coney an interest in and/or a right to use the land on which the facility or a portion thereof, is located;
(b) the agreement provides that the transferee is responsible to correct any and all conditions at the site or facility which result in a threat to public health, safety or the environment or constitute violations of the site assignment, laws, regulations or conditions of the permit, approvals, or authorizations existing at the time of transfer whether or not such conditions are the subject of a Department enforcement action prior to the date of the transfer. A transfer of a permit shall not relieve previous owners of liability for the site under M.G.L. c. 21E or c. 21H; and
(c) the transferee has obtained financial assurance as required under 310 CMR 19.051. Where financial assurance is required no transferee shall operate without said financial assurance.
