Transferring a Permit for Industrial or Hazardous Waste
Provides information related to the transfer of a hazardous waste storage, processing, or disposal facility.
A permit is issued in personam and may be transferred only upon approval by the Industrial and Hazardous Waste Permits Section (I&HW). For hazardous waste permits, the change in ownership or operational control of a facility is made as a Class 11 modification submitted 90 days prior to the scheduled change.
It is the duty of the owner of a facility to submit an application for a permit, unless a facility is owned by one person and operated by another, in which case it is the duty of the operator to submit an application for a permit, see 30 TAC 305.43(b)
No transfer is required for a corporate name change, as long as the secretary of state can verify that a name change alone has occurred, however you must request a Class 1 modification.
For details regarding the transfer of a hazardous waste permit, see 30 TAC 305.64(g)
Applicants are encourage to meet or request a pre-application conference call with the I&HW staff, and to notify the section of their intent to submit a permit transfer application.
Submitting a Class 11 Permit Modification
Procedures for modifying your permit to reflect a change in ownership or operational control:
- Submit a Core Data Form (TCEQ-10400).
- Submit a written agreement containing a specific date for transfer of permit responsibility between the current owner and/or operator and the new owner and/or operator.
- The new owner and/or operator may be required to provide financial assurance per 30 TAC Chapter 37, Subchapter P 30 TAC 305.50(a)(4)(B)
- Instructions regarding financial assurance requirements can be found in Section VIII of the Part B application titled: Information for Applicant Subject to Financial Capability Requirements.
When is Updated Financial Assurance and/or a Financial Capability Review Required?
| Permit is transferred from… | Permit is transferred to... | Financial Assurance1 | Financial Capability2 |
|---|---|---|---|
| Same Owner and Operator | New Owner and Operator | Yes | Yes |
| Same Owner and Operator | New Operator (Owner unchanged) | Yes | Yes |
| Owned by one entity and Operated by another | New Operator (Owner unchanged) | Yes | Yes |
| Owned by one entity and Operated by another | New Owner (Operator unchanged) | No3 | No |
1Authority to store, process, or dispose of industrial solid waste or hazardous waste in accordance with a permit issued by the commission is contingent on maintaining financial assurance for the amount(s) specified in its permit in accordance with 30 TAC Chapter 37, Subchapter P 30 TAC 335.7
2An application for a permit to store, process, or dispose of hazardous waste shall also contain financial information sufficient to demonstrate the applicant has sufficient financial resources to operate and close the facility in a safe manner in compliance with the permit and all applicable rules, see 30 TAC 305.50(a)(4)(B)
3If the new owner submits financial assurance, then a review is required.