(a)
Listing on Permit. Any person who owns or operates a facility that is subject to this
chapter pursuant to section 25B-2 shall be listed as a permittee on the permit(s) issued for that facility, pursuant
to chapter 35 of the county Code, or ordinances 661, 2919 or 3238. Any guarantor for such facility
shall be listed on the applicable permit(s), identifying its responsibilities as guarantor.
Should any owner, operator, or guarantor consist of a partnership, all partners shall
be listed on the permit and the managing partner shall be identified in this list.
(b)
Acceptance of Permit. Prior to being listed on a permit, any owner or operator of
a facility that is subject to this chapter shall provide the county with a letter
from a responsible official of the owner or operator formally accepting all conditions
and requirements of the permit. This provision shall not apply to fractional interest
owners that are not managing partners.
(c)
Permits Not Transferable. Any permit issued or authorized pursuant to chapter 35 of the county Code, or Ordinances 661, 2919 or 3238, for a facility that is subject
to this chapter shall not be transferable, whether by operation of law or otherwise,
from any existing owner, operator, or guarantor to a new owner, operator, or guarantor,
except in accordance with this chapter.
(d)
Ongoing Notification. All owners, operators, and guarantors shall, as an ongoing requirement,
notify the director in writing of any change in the information listed in Sec. 25B-6.a
to 6.1.e within thirty days of such change.
(e)
Change of Owner. Any change of owner, merger of the owner with another company, or
change of form of business organization, shall require application and approval as
provided in this chapter. Until a change of owner is approved pursuant to this chapter,
the former owner(s) shall continue to be liable for compliance with all terms and
conditions of the permit and any applicable county ordinances.
(f)
Change of Operator. Any change of operator shall not occur until approved in accordance
with this chapter, except as follows: Any change of operator that consists solely
of a merger, change of form of business organization, or change of a non-managing
partner (in cases where the operator is a partnership), but does not entail a substantive
change to operations or personnel of the facility, shall require an application within
thirty days of the change, as provided in Sec. 25B-6.3 for change of owner.
(g)
Change of Guarantor. Any change of guarantor, including merger of the guarantor with
another company or change of form of business organization, shall require application
and approval as provided in this chapter. Until a change of guarantor is approved
pursuant to this chapter, the former guarantor(s) listed on the permit shall continue
to be liable for compliance with all terms and conditions of the permit and any applicable
county ordinance.
(h)
Liability for Compliance with Permit Conditions. Any owner, operator or guarantor
listed on a permit pursuant to this chapter shall comply with all conditions of such
permit, as applicable, to owners, operators and guarantors. Failure to comply with
such permit conditions shall subject the owner, operator or guarantor to the applicable
penalty and enforcement provisions of chapter 35 or other applicable ordinance for such permits.
(i)
Liability for Abandonment.
(1)
The current owner or operator, as determined by the records of the director, of a
facility subject to this chapter shall be responsible for the proper abandonment of
the facility. If the director determines that the current owner or operator does not
have the financial resources to fully cover the cost of abandoning the facility, the
immediately preceding owner or operator shall be responsible for the cost of abandoning
the facility.
(2)
The director may continue to look seriatim to previous owners or operators until an
owner or operator is found that the director determines has the financial resources
to cover the cost of abandoning the facility. However, the director may not hold an
owner or operator responsible for abandonment under this chapter that made a valid
transfer of ownership or operation of the facility prior to April 16, 2002.
