§ 92.71a. Transfer of permit.

 An NPDES permit may be automatically transferred to a new permittee if the following conditions are met:

   (1)  The current permittee notifies the Department at least 30 days in advance of the proposed transfer date.

   (2)  The notice includes a written agreement between the existing permittee and the new permittee containing a specific date for transfer of permit responsibilities, coverage and liability between them.

   (3)  The Department does not notify the existing permittee and the proposed new permittee of its intent to modify or revoke and reissue the permit. If this notice is not received, the transfer is effective on the transfer date specified in the agreement required under paragraph (2).

   (4)  The new permittee is in compliance with existing Department issued permits, regulations, orders and schedules of compliance, or that any noncompliance with the existing permits has been resolved by an appropriate compliance action or by the terms and conditions of the permit (including a compliance schedule set forth in the permit), consistent with §  92.55 (relating to schedules of compliance) and other appropriate Department regulations.

   The provisions of this §  92.71a issued under sections 5(b)(1) and 402 of The Clean Streams Law (35 P. S. § §  691.5(b)(1) and 691.402); and section 1920-A of The Administrative Code of 1929 (71 P. S. §  510-20).

   The provisions of this §  92.71a adopted November 17, 2000, effective November 18, 2000, 30 Pa.B. 6059.