Nebraska Administrative Code
Topic - ENVIRONMENT AND ENERGY
Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY
Chapter 15 - PERMIT ISSUANCE; CHANGES; RENEWAL; TERMINATION; CLOSURES; DURATION
Section 128-15-011 - Permit transfer

011.01 A permit may be transferred by the permittee to a new owner or operator only if the permit has been modified or revoked and reissued under 011.02 or 012.01C2 to identify the new permittee and incorporate such other requirements as may be necessary.

011.02 Changes in the ownership or operational control of a facility may be made as a Class 1 modification with prior written approval of the Director in accordance with 012.02. The new owner or operator must submit a revised permit application no later than 90 days prior to the scheduled change. A written agreement containing a specific date for transfer of permit responsibility between the current and new permittees must also be submitted to the Director. When a transfer of ownership or operational control occurs, the old owner or operator shall comply with the requirements of Chapter 21, 008 (Financial Requirements) until the new owner or operator has demonstrated that he or she is complying with the requirements of that chapter. The new owner or operator must demonstrate compliance with the financial requirements within six months of the date of the change of ownership or operational control of the facility. Upon demonstration to the Director by the new owner or operator of compliance with the financial requirements, the Director shall notify the old owner or operator that he or she no longer needs to comply with financial requirements as of the date of demonstration.

011.03 A permit for a land disposal facility may not be transferred.