1501-2-08 Transfer of permits.

(A) Any person intending to transfer a water diversion permit shall notify the director, in writing, at least sixty days prior to transfer.

(B) No water diversion permits shall be transferred unless the transfer is approved by the director in writing.

(C) The director shall not approve the transfer of a water diversion permit unless he determines that:

(1) The transferor is presently in compliance with section 1501.32 of the Revised Code, rules promulgated thereunder, and the terms and conditions of its permit.

(2) The transferee assumes all responsibilities and obligations of the transferor regarding the diversion permit.

(3) In the case of a transferee who has previously held or currently holds a permit, that such transferee has previously operated or presently operates the diversion in compliance with section 1501.32 of the Revised Code, rules promulgated thereunder, and the terms and conditions of its permit.

(4) The transfer does not allow for any increase in the quantity or any change in the location or purpose of the diversion.

(5) The transfer does not alter or jeopardize compliance with any terms or condition of the permit or with any obligations assumed thereunder.

(6) The transferred permit expires on the date of the original permit.

R.C. 119.032 review dates: 10/13/2005 and 10/13/2010

Promulgated Under: 111.15

Statutory Authority: R.C. 1501.31

Rule Amplifies: R.C. 1501.32

Prior Effective Dates: 11/28/85, 11/28/90, 11/28/95, 11/28/00