§ 25B-9. Director approval: findings.

(a)

Change of Owner.

The director shall approve an application for a change of owner only if the director makes the following findings, except as provided herein in Sec. 25B-9.2 to 9.6:

(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 owner(s) and will remain in full effect following the ownership change.

(3)

Acceptance of Permit. The proposed owner has provided a letter from a responsible official representing the proposed owner 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 new or proposed new owner(s). A safety inspection maintenance and quality assurance program (SIMQAP) 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 owner(s) are in compliance with all requirements of the permit, including any requirement of a county-required safety audit, any notice of violation, and any county ordinance, or the current and proposed owner(s) have entered into a written agreement with the Director that specifies an enforceable schedule to come into compliance with such requirements.

(b)

Mergers and Changes of Business organization of Owners or Operators.

The director shall approve an application to transfer a permit pursuant to Sec. 25B-8.1.a.ii for the merger of a current owner or operator with another company or change in form of business organization of a current owner or operator only if the director 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 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 owner(s) or operator and will remain in full effect following the ownership or operator change.

(3)

Acceptance of Permit. The proposed owner or operator has provided a letter from a responsible official representing the proposed 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)

Existing Partner Becomes Managing Partner. The director shall approve an application to modify a permit for a change of managing partner, where there is no change in partnership composition and the new managing partner has been a partner for one year or more, only if the director makes the following finding:

(1)

Acceptance of Permit. The new managing partner has provided a letter from a responsible official representing the new managing partner formally accepting all conditions and requirements of the permit.

(d)

Change of Non-Managing Partner of Owner. The Director shall approve an application to transfer a permit for a change of non-managing partner or non-operator under a joint operating agreement, where such person is not a guarantor, upon submission of a complete application and payment of any required application fees.

(e)

Change of Guarantor. The Director shall approve an application to modify a permit pursuant to Sec. 25B-8.1.a.iii for a change of guarantor only if the director makes the following finding:

(1)

Financial Guarantees. The proposed guarantor has provided all necessary instruments or methods of financial responsibility approved by the county and necessary to comply with the permit and any county ordinance.

(f)

Temporary Operator. The director may approve a qualified temporary operator pursuant to Sec. 25B-8.1.a.iv where the owner demonstrates to the satisfaction of the director that good cause exists for an immediate change of operator. The temporary operator may operate the facility for a period of no longer than six months. In order to approve a temporary operator, the director must make the following findings:

(1)

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 temporary operator and will remain in full effect following the operator change.

(2)

Acceptance of Permit. The proposed temporary operator has provided a letter from a responsible official representing the proposed temporary operator formally accepting all conditions and requirements of the permit.

(3)

Operator Capability. The proposed temporary operator has the skills and training necessary to operate the permitted facility in compliance with the permit and all applicable county codes and has a good working knowledge of the crucial compliance plans listed in Sec. 25B-10.1.f.

(g)

Approval. Upon making the findings listed in Sec. 25B-9.1 to 9.6 the director shall approve the change of owner, operator, or guarantor, or approve the temporary operator. The director may impose additional conditions on the permit, except for applications approved under Sec. 25B-9.4, in order to ensure that any insurance or other financial guarantees that were submitted to and relied on by the director as a basis to make any finding required by this chapter are maintained.

(Ord. No. 4453, § 1)