§ 17-148. Transfer of permits.

(a)

The permit is not transferable to any person except with the approval of the St. Mary Parish Council. The council may require modification, or revocation and reissuance of the permit to change the name of the permittee and then incorporate such other requirements as may be necessary.

(b)

The current permittee shall submit an application for transfer at least 90 days before the proposed transfer date. The application shall contain the following:

(1)

Name and address of the transferee;

(2)

Date of the proposed transfer;

(3)

A report describing the history of violations and compliance of the transferee for all facilities owned and operated by the transferee within the State of Louisiana or as required by the administrative authority;

(4)

A written agreement between the existing and new permittees containing a specific date for transfer of permit responsibility, and all relevant coverage and liability agreements between the current and new permittees. The agreement should also demonstrate to the satisfaction of the parish council that the financial responsibility requirement will be met by the new permittee.

(c)

If the parish council does not notify the existing permittee and the proposed new permittee of his or her intent to modify or revoke and reissue the permit, the transfer is effective on the date specified in the agreement mentioned in subsection (b)(4) above.

(d)

If no agreement described in section 17-134(b) is provided, responsibility for compliance with the terms and conditions of the permit and liability for any violation will shift from the existing permittee to the new permittee on the date that the transfer is approved.

(e)

If a person attempting to acquire a permit causes or allows operation of the facility before approval by the St. Mary Parish Council, it shall be considered a violation of this article.

(Ord. No. 1236, § 18, 1-26-94)