Arizona Laws 49-483. Permit transfers; notice; appeal
A. A permit shall not be transferable, whether by operation of law or otherwise, either from one location to another, or from one piece of equipment to another.
Terms Used In Arizona Laws 49-483
- Air pollution: means the presence in the outdoor atmosphere of one or more air contaminants or combinations thereof in sufficient quantities, which either alone or in connection with other substances, by reason of their concentration and duration are or tend to be injurious to human, plant or animal life, or cause damage to property, or unreasonably interfere with the comfortable enjoyment of life or property of a substantial part of a community, or obscure visibility, or which in any way degrade the quality of the ambient air below the standards established by the board of supervisors. See Arizona Laws 49-471
- Board of supervisors: means any county board of supervisors. See Arizona Laws 49-471
- Control officer: means the executive head of the department authorized or designated to enforce air pollution regulations, or the executive head of an air pollution control district established pursuant to section 49-473. See Arizona Laws 49-471
- Hearing board: means any county air pollution hearing board established pursuant to this article. See Arizona Laws 49-471
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Permit: includes all or any part of a county permit, license, certificate, approval, registration, charter or similar form of permission required by law. See Arizona Laws 49-471
- Person: includes any public or private corporation, company, partnership, firm, association or society of persons, the federal government and any of its departments or agencies, the state and any of its agencies, departments or political subdivisions, as well as a natural person. See Arizona Laws 49-471
- Source: means any building, structure, facility or installation that may cause or contribute to air pollution or the use of which may eliminate, reduce or control the emission of air pollution. See Arizona Laws 49-401.01
- Writing: includes printing. See Arizona Laws 1-215
B. The provisions of subsection A shall not apply to mobile or portable machinery or equipment which is transferred from one location to another after notification to the control officer of the transfer.
C. A permit may be transferred, whether by operation of law or otherwise, from one person to another, provided that prior to the transfer, the person holding the permit notifies the control officer in writing of the name, address, telephone number and statutory agent of the person to whom the permit will be transferred, the effective date of the proposed transfer and other information the board of supervisors may determine to be necessary by rule. The control officer shall prescribe procedures for such notification.
D. If the control officer determines that the transferee is not capable of operating the source in compliance with the requirements of this article, rules adopted under this article and the conditions established in the permit, the transfer shall be denied. In order for the denial to be effective, notice of the control officer’s denial, including the reasons for the denial, shall be issued within ten working days of the control officer’s receipt of the notice of the proposed transfer.
E. Denial of a permit transfer is appealable by the transferor and the transferee to the air pollution hearing board in the same manner as prescribed for denial of a permit in section 49-482.