3745-501-35 Transfer of licenses.

(A) License transfer requests.

(1) A solid waste facility licensee may transfer the license after receiving written authorization from both the director and the approved board of health.

(2) Licensee transfer procedures.

(a) Not later than one hundred twenty days prior to the proposed date of a license transfer, the current licensee shall notify the director and, if applicable, the approved board of health, in writing specifying the identity of the proposed transferee and the proposed date for the transferee's assumption of the licensee's obligations.

(b) The proposed license transfer shall be made on forms prescribed by the director and at a minimum shall contain information regarding the applicant, owner, operator, facility contacts, property, and operations; signatures; certifications; and any other information the director may require.

(B) License transfer criteria. A license transfer request shall not be approved unless applicable criteria of Chapter 3734. of the Revised Code and the following criteria are met:

(1) The prospective license transferee meets the requirements as specified in rule 3745-501-15 of the Administrative Code.

(2) The prospective license transferee has established and submitted documentation of financial assurance in accordance with Chapter 3734. of the Revised Code and the rules adopted thereunder.

(3) The prospective transferee of the license is the owner or operator of the facility who has written permission from the land owner.

(C) Licensing authority procedures.

(1) When acting upon a license transfer request, the licensing authority shall follow the appropriate procedures set forth in rule 3745-500-120 of the Administrative Code.

(2) Not later than one hundred twenty days after receiving the request as described in paragraph (B) of this rule, the licensing authority shall approve or deny the transfer.

Effective: 04/02/2012
R.C. 119.032 review dates: 04/02/2017
Promulgated Under: 119.03
Statutory Authority: 3734.02, 3734.12
Rule Amplifies: 3734.02, 3734.05, 3734.12 , 3734.40