(a)
The planning commission shall approve an application for change of operator only if
the planning commission makes the following findings:
(1)
Fees and Exactions. All outstanding county required fees and exactions due for the
facility have been paid.
(2)
Financial Guarantees. All necessary insurance, bonds or other instruments or methods
of financial responsibility approved by the county and necessary to comply with the
permit and any county ordinance have been updated, if necessary, to reflect the new
operator and will remain in full effect following the operator change.
(3)
Acceptance of Permit. The proposed operator has provided a letter from a responsible
official representing the proposed operator formally accepting all conditions and
requirements of the permit.
(4)
Facility Safety Audit. The current owner or operator has provided a copy of the most
recent county-conducted comprehensive safety audit of the physical facility, along
with a description of the status of implementing its recommendations, to the proposed
new operator. A safety inspection maintenance and quality assurance plan audit approved
by the appropriate county official shall satisfy this requirement.
(5)
Compliance With Existing Requirements. As of the date that the application is deemed
complete, the current operator is in compliance with all requirements of the permit,
including any requirements of a county-required safety audit, any notice of violation,
and any county ordinance, or the owner and proposed operator have entered into a written
agreement with the director that specifies an enforceable schedule to come into compliance
with such requirements.
(6)
Compliance Plans. The current owner and proposed operator have updated, where applicable,
any existing, approved safety inspection maintenance and quality assurance program,
emergency response plan, fire protection plan, and oil spill contingency plan, or
equivalent approved plans, with current emergency contact information pertaining to
the new operator. The current owner and proposed operator have agreed in writing to
revise all other plans required by the permit or any county ordinance, as necessary
to reflect the change of operator, and to do so with sufficient diligence to obtain
approval of the revised plans by the appropriate county official within six months
after assuming operations.
(7)
Transitional Plan. The current owner or operator and proposed operator have submitted
a transitional plan that will demonstrate the proposed operator shall receive adequate
training, including by means of cross training by the current operator, where feasible,
and shall have a good working knowledge of the crucial compliance plans listed in
Sec. 25B-10.1.f before assuming control of operations. The plan has been approved
by the director. The planning commission may exempt the current owner and proposed
operator from this requirement, or portions thereof, for good cause.
(8)
Emergency Response Plan Drills. The proposed operator has adequately performed one
or more county approved emergency response plan drills necessary to respond to emergency
episodes that may occur at the facility.
(9)
Operator Capability. The proposed operator has the skills, training, and resources
necessary to operate the permitted facility in compliance with the permit and all
applicable county codes and has demonstrated the ability to comply with compliance
plans listed in section 25B-10.1.f. The director shall require relevant records of
compliance, and corrective actions taken subsequent to any major incidents for facilities,
if any, that are similar in nature to those that are the subject of the permit, as
may be necessary to make findings. These records shall be used to provide sufficient
assurance that the proposed operator does not reflect a record of non-compliant or
unsafe operations systemic in nature for similar facilities to those being considered
for operatorship.
(b)
Upon making the findings listed in See. 25B-10.1, the planning commission shall approve
the change of operator. The planning commission may impose additional conditions on
the permit in order to ensure that any insurance or other financial guarantees that
were submitted to and relied on by the planning commission as a basis to make any
finding required by this chapter are maintained.
