Section 105.25. Transfer of permits

(a) A permit must be transferred or notification provided to the Department as follows:

(1) If the owner and permittee are the same person and there is a change in ownership, the permit must be transferred to the new owner of the dam, water obstruction or encroachment.

(2) If the owner and permittee are not the same person and there is a change of permittee, but not ownership of the dam, water obstruction or encroachment, the permit must be transferred to the new permittee.

(3) If the owner and permittee are not the same person and there is a change in ownership, but not permittee of the dam, water obstruction or encroachment, the change in ownership must be reported by the permittee to the Department in writing within 30 days.

(b) A permit will only be transferred upon application to and approval by the Department. An application for transfer shall be submitted on forms provided by the Department.

(c) A permit may not be transferred if a violation of this chapter exists at the time of application for transfer unless the transfer will expedite correction of the violation.

(d) The new permittee shall expressly agree to abide by the permit conditions and shall, if applicable:

(1) Provide the Department with proof of financial responsibility or security in accordance with § 105.13b (relating to proof of financial responsibility).

(2) Obtain a license, easement, right-of-way or other interest in the submerged lands of this Commonwealth in accordance with § § 105.31—105.35 (relating to submerged lands of the Commonwealth—licenses and annual charges).

(e) The original permittee will not be relieved of an obligation to comply with this chapter, the terms and conditions of the permit or an order issued by the Department until the transfer has been approved.

(f) Upon receipt of the approved application for transfer, the applicant shall affix the approved application for transfer to the original permit. The approved application for transfer shall become part of, and remain affixed to, the original permit. The Department may prepare a new permit to replace worn or obsolete documents.

The provisions of this § 105.25 adopted August 11, 1978, effective August 28, 1978, 8 Pa.B. 2229; amended September 26, 1980, effective September 27, 1980, 10 Pa.B. 3843; amended October 11, 1991, effective October 12, 1991, 21 Pa.B. 4911; amended January 7, 2011, effective January 8, 2011, 41 Pa.B. 219. Immediately preceding text appears at serial pages (233596) and (313659).

Notation

Authority

The provisions of this § 105.25 amended under the Dam Safety and Encroachments Act (32 P. S. § § 693.1–693.27); The Clean Streams Law (35 P. S. § § 691.1—691.1001); section 7 of the act of June 14, 1923 (P. L. 704, No. 294) (32 P. S. § 597); sections 514, 1901-A, 1908-A, 1917-A and 1920-A of The Administrative Code of 1929 (71 P. S. § § 194, 510-1, 510-8, 510-17 and 510-20); and the Flood Plain Management Act (32 P. S. § § 679.101—679.601).

Cross References

This section cited in 25 Pa. Code § 105.13 (relating to regulated activities—information and fees).