(a)
Existing Owners, Operators, and Guarantors. Within thirty days of the effective date
of this chapter, any existing owner, operator or guarantor, shall submit a certification
to the director, on a form approved by the director, specifying the following information
regarding the current owner(s), operator(s), and guarantor(s):
(1)
Name and address;
(2)
Role in ownership, operation and management of facility, or in guaranteeing performance
for an owner or operator;
(3)
Names and addresses of official company representatives authorized and designated
to execute applications, agreements and permits with the County on behalf of the company;
(4)
Description of the company business organization, including relation to parent companies,
partnership composition (including percentage of ownership), and other information
needed to fully and accurately disclose who it is that owns, operates, or is otherwise
responsible for the facility;
(5)
Any expiration date of any company described in Sec. 25B-6.1.a to 6.1.d, above.
(b)
Pending Owners and Operators. Within thirty days of the effective date of this chapter,
any pending owner or operator shall submit an application to the director requesting
transfer of the applicable permit(s).
(c)
New Owners or Deletion of Owners. Prior to any transfer of a permit to a new owner
or deletion of an owner from a permit the current owner(s) and proposed owner shall
submit an application to the director requesting such change. The application shall
be filed before the transfer of ownership, or if not practicable, in no event, later
than 30 days after the change of ownership.
(d)
New Operators. Prior to any transfer of permit to a new operator, the current permittee(s)
and the proposed operator shall submit an application to the director requesting such
transfer.
(e)
New Guarantors or Deletion of Guarantors. Prior to the listing of a new guarantor
or the deletion of a guarantor on a permit, the permittee(s), the current guarantor,
and, as appropriate, the proposed guarantor shall submit an application to the director
requesting such transfer or deletion. The application shall be filed before the change
of guarantor, or, in no event, later than thirty days after the change of guarantor.
(f)
Application Contents. Applications submitted pursuant to this chapter shall include
the following information:
(1)
Information Required for Applications for Change of Non-Managing Partners or Non-Managing
Fractional Interest Owners Pursuant to Sec. 25B-9.4.
a.
All information listed in Sec. 25B-6.1.a to 6.1.e of this chapter.
b.
A brief statement of the changes or proposed changes.
(2)
Information Required for All Applications, Except as Provided in Sec. 25B-6.6.a:
a.
All information listed in Sec. 25B-6.1.a to 6.1.e of this chapter.
b.
A detailed statement of the changes or proposed changes for which approval is sought.
c.
General background information on any proposed new permittee or guarantor.
d.
Financial information on any owner, operator, or other guarantor needed for the director
or planning commission to make the financial guarantees finding. This information
shall include the previous year's annual report, audited financial statements, and
required SEC filings.
e.
Any required letter accepting the permit(s).
f.
Any other information that the director or the planning commission may require to
approve any change in owner, operator, or guarantor in accordance with this chapter.
(3)
Additional Information for Temporary Operator:
Evidence demonstrating that the proposed temporary operator has the necessary skills
and training, as required by Sec. 25B-9.6.c.
(4)
Additional Information for Change of Owner Under Sec. 25B-8. 1:
All documentation needed to make the findings required by this chapter, where applicable,
for facility safety audit and compliance with existing requirements.
(5)
Additional Information for Change of Operator Under Sec. 25B-8.2:
a.
All documentation needed to make the findings required by this chapter for facility
safety audit, compliance with existing requirements, and compliance plans.
b.
Proposed transitional plan.
c.
Evidence demonstrating that the proposed operator has the necessary skills, training,
and resources as required by Sec. 25B-10.1.i.
