Current through Register Vol. 41, No. 3, September 23, 2024
A.
Applicability.
1. No transfer of rights
granted by a permit shall be made without prior approval from the
director.
2. Any approval granted
by the director of a transfer of permit rights shall be conditioned upon the
proposed new operator complying with all requirements of the Act, this chapter
and the permit.
B.
Application. Any person requesting a transfer of rights granted by a permit
shall submit a written application on a form prescribed by the director. The
application shall be accompanied by a fee of $75 and bond, in the name of the
person requesting the transfer, in accordance with § 45.2-1633 of the Code
of Virginia. The application shall contain, but is not limited to:
1. The name and address of the current
permittee, the current permit number and the name of the current
operation;
2. The name and address
of the proposed new operator and the proposed new operations name;
3. Documentation of approval of the transfer
by the current permittee;
4. If the
permit was issued on or before September 25, 1991, an updated operations plan,
in accordance with
4VAC25-150-100,
showing how all permitted activities to be conducted by the proposed new
permittee will comply with the standards of this chapter;
5. If the permit was issued on or before
September 25, 1991, for a well, a plat meeting the requirements of
4VAC25-150-90 updated to
reflect any changes on the site, newly discovered data or additional data
required since the last plat was submitted, including the change in ownership
of the well; and
6. If the permit
was issued on or before September 25, 1991, if applicable, the docket number
and date of recordation of any order issued by the board for a pooled unit,
pertaining to the current permit.
C. Standards for approval. The director shall
approve the transfer of permit rights when the proposed new permittee:
1. Has registered with the department in
accordance with § 45.2-1639 of the Code of Virginia;
2. Has posted acceptable bond in accordance
with § 45.2-1633 of the Code of Virginia; and
3. Has no outstanding debt pursuant to §
45.2-1634 of the Code of Virginia.
D. The new permittee shall be responsible for
any violations of or penalties under the Act, this chapter, or conditions of
the permit after the director has approved the transfer of permit
rights.
Statutory Authority: § 45.2-103 of the Code of
Virginia.
