The Administrative Rules of Montana (ARM) 17.30.1362(1)(d) and 17.30.1117 provide for the transfer of a permit or permit coverage provided that a written agreement containing a specific date of transfer of permit responsibility, coverage, and liability between the current and new permittees has been submitted to the Department. This agreement must be signed and certified by both parties in accordance with ARM 17.30.1323. In accordance with ARM 17.30.201 a permit transfer constitutes a minor amendment and requires the payment of a $500 fee.
The Permit Transfer Notice (PTN) Form is used to request a transfer or change in the legal entity that holds a Montana Pollutant Discharge Elimination System (MPDES) permit, Ground Water Pollutant Control System (GWPCS) permit, or permit authorization under a general permit including storm water permits. This form must be submitted at least 30 days prior to the effective date of the proposed transfer and constitutes written notice to the Department under the Montana Water Quality Act that the new owner or operator assumes responsibility and liability for all the terms and conditions in the permit, including permit fees. The Department reserves the right to modify or revoke and reissue the permit and request a new permit application (ARM 17.30.1360(2)).
The PTN form may not be used to transfer permit coverage to a new or different site, facility or location, or modify the terms and conditions of the discharge permit. Until a determination is made, the owner or operator of record remains responsible for compliance with the terms of the permit, including fees and/or violations.