40 CFR 122.61 : Protection Of Environment (§ 1.1 To Parts 1851-1899) — (Parts 100-103 To § 135.13) — Environmental Protection Agency (Continued) (Parts 100-103 To § 135.13) — Water Programs (Parts 100-103 To § 135.13) — Epa Administered Permit Programs: The National Pollutant Discharge Elimination System (§ 122.1 To Appendix J To Part 122) — Transfer, Modification, Revocation And Reissuance, And Termination Of Permits (§ 122.61 To Appendix J To Part 122) — Transfer of permits (applicable to State programs, see § 123.25).

(a) Transfers by modification. Except as provided in paragraph (b) of this section, a permit may be transferred by the permittee to a new owner or operator only if the permit has been modified or revoked and reissued (under § 122.62(b)(2)), or a minor modification made (under § 122.63(d)), to identify the new permittee and incorporate such other requirements as may be necessary under CWA.

(b) Automatic transfers. As an alternative to transfers under paragraph (a) of this section, any NPDES permit may be automatically transferred to a new permittee if:

(1) The current permittee notifies the Director at least 30 days in advance of the proposed transfer date in paragraph (b)(2) of this section;

(2) The notice includes a written agreement between the existing and new permittees containing a specific date for transfer of permit responsibility, coverage, and liability between them; and

(3) The Director does not notify the existing permittee and the proposed new permittee of his or her intent to modify or revoke and reissue the permit. A modification under this subparagraph may also be a minor modification under § 122.63. If this notice is not received, the transfer is effective on the date specified in the agreement mentioned in paragraph (b)(2) of this section.