Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40C - St. Johns River Water Management District › Chapter 40C-1 - ORGANIZATION AND PROCEDURE › Part VI - LICENSES AND PERMITS › Section 40C-1.612 - Transfer of Ownership or Permit

Current through Reg. 50, No. 138; July 16, 2024
(1)
				  Transfer of Ownership or Control. Within 30 days of any transfer of ownership
				  or control of the real property at which any permitted facility, system or
				  activity solely authorized under paragraph
				   62-330.020(2)(i),
				  F.A.C., and section 1.2.3 of the document entitled "Environmental Resource
				  Permit Applicant's Handbook, Volume II: For Use Within the Geographic Limits of
				  the St. Johns River Water Management District, " which is incorporated by
				  reference in paragraph
				   40C-4.091(1)(a),
				  F.A.C., for a permit under chapter 40C-44, F.A.C. (hereafter referred to as a
				  "40C-44 system or activity"), or consumptive use is located or authorized, or
				  transfer of ownership or control of any such facility, system, activity, or
				  well with a permitted consumptive use, the permittee must notify the District
				  in writing of the transfer, giving the name and address of the new owner or
				  person in control and providing a copy of the instrument effectuating the
				  transfer.
(2) Transfer of Permit.
(a) Transfer without Conversion to Operation
				  Phase. To transfer a permit that does not involve a conversion of a
				  construction permit for a 40C-44 system or activity to its operation phase, the
				  permittee must provide the information required in subsection (1), above,
				  together with a written statement from the proposed transferee that it will be
				  bound by all terms and conditions of the permit. Additionally, where
				  applicable, the proposed transferee must demonstrate that it is capable of
				  constructing, operating, and maintaining the permitted facility, 40C-44 system
				  or activity, consumptive use, or well. Once the required information has been
				  provided, the District shall transfer the permit to the proposed transferee in
				  accordance with paragraph (5)(a), below. A permit issued pursuant to chapter
				  62-330 or 62-342, F.A.C., other than a permit for a 40C-44 system or activity,
				  shall not be subject to this rule.
(b) Transfer with Conversion to Operation
				  Phase. To transfer a construction permit for a 40C-44 system or activity to its
				  operation phase, a written statement from the proposed transferee is not
				  required when the permit transfer would be to the operation and maintenance
				  entity approved by the permit. Otherwise, all remaining requirements in
				  paragraph (2)(a), above, apply to a request under paragraph (2)(b). Once the
				  required information has been provided, the District shall convert the permit
				  to its operation phase and transfer the permit to the proposed transferee in
				  accordance with paragraph (5)(b), below.
(c) Transfer of an Operating Permit for
				  Entire 40C-44 System or Activity. Except as otherwise provided in sections
				   373.426 and
				   373.429, F.S., when a permittee
				  notifies the District in writing within 30 days of a change in ownership or
				  control of an entire 40C-44 system or activity covered by a 40C-44 operating
				  permit, the District shall transfer that operating permit to the new owner or
				  person in control. If the permittee fails to notify the District in writing
				  within 30 days of the change in ownership or control or if a transfer of
				  ownership or control does not include the entire permitted 40C-44 system or
				  activity, then the transfer shall be governed by paragraphs (2)(a) and
				  (5)(a).