SOLID WASTE PROCESSING AND DISPOSAL
(Rule 1200-01-07-.02, continued) operational
authority to control the activities and the policies of
whenever the facility
this ultimate is transferred
to another individual, group, or legal entity.
A “change of ownership” also occurs whenever there is a change in the legal form under which the controlling entity is organized.
Transactions constituting a change of ownership include, but are not limited to, the following:
Sale or donation of the facility’s legal title;
Lease of the entire facility’s real and personal property;
A sole proprietor becomes a member of a partnership or corporation, succeeding him as the new operator;
A partnership dissolves;
One partnership if replaced by another through the removal, addition or substitution of a partner;
A general partnership becomes a limited partnership, or limited partnership becomes general;
(VII) Two (2) or more corporations merge and the originally-permitted corporation does not survive;
(VIII) Corporations consolidate;
A non-profit corporation becomes a general corporation, or a for- profit corporation becomes non-profit.
Transfers between levels of government; and
Corporate stock transfers or sales, when the controlling interest is transferred.
Transactions which do not constitute a change of ownership include, but are not limited to, the following:
Changes in the membership of a corporate board of directors or board of trustees;
Two (2) or more corporations merge and the originally-permitted corporation survives;
Changes in the membership of a non-profit corporation; and
Transfer between departments of the same level of government.
May, 2010 (Revised)
Changes in the ownership or operational control of a facility may be made as a modification with prior written approval of the Commissioner in accordance with rule 1200-01-07-.02(5)(b)2. The new owner or operator must submit a transfer of ownership form no later than 90 days prior to the scheduled change. A written