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SOLID WASTE PROCESSING AND DISPOSAL

CHAPTER 1200-01-07

(Rule 1200-01-07-.02, continued) operational

decisions

and

legal

responsibility

for

the

business

management.

A

“change

of

ownership”

occurs

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:

(I)

Sale or donation of the facility’s legal title;

(II)

Lease of the entire facility’s real and personal property;

(III)

A sole proprietor becomes a member of a partnership or corporation, succeeding him as the new operator;

(IV)

A partnership dissolves;

(V)

One partnership if replaced by another through the removal, addition or substitution of a partner;

(VI)

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;

(IX)

A non-profit corporation becomes a general corporation, or a for- profit corporation becomes non-profit.

(X)

Transfers between levels of government; and

(XI)

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:

(I)

Changes in the membership of a corporate board of directors or board of trustees;

(II)

Two (2) or more corporations merge and the originally-permitted corporation survives;

(III)

Changes in the membership of a non-profit corporation; and

(IV)

Transfer between departments of the same level of government.

(iv)

(ii)

(iii)

May, 2010 (Revised)

37

3.

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

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