Ohio § 1522.15

§ 1522.15.

(A)(1) Transfer of a withdrawal and consumptive use permit upon the sale or transfer of

a facility may occur so long as the location of the facility, the source of water,

and the withdrawal and consumptive use capacities do not change.  Transfer of the baseline withdrawal and consumptive use capacity of a baseline facility

upon the sale or transfer of the baseline facility may occur so long as the location

of the facility, the source of water, and the withdrawal and consumptive use capacities

do not change.  Transferred capacity of a baseline facility does not require a withdrawal and consumptive

use permit. Notice of a transfer shall be provided to the chief of the division of water resources

in a manner prescribed by the chief. (2) If the owner of a facility for which a withdrawal and consumptive use permit has

been issued sells or transfers a portion of the facility, transfer of the applicable

portion of the withdrawal and consumptive use capacity authorized by the withdrawal

and consumptive use permit may occur so long as the location of the facility, the

source of water, and the total withdrawal and consumptive use capacities do not change.  The permittee shall provide notice of such a transfer to the chief in a manner prescribed

by the chief.  Upon receipt of the notice and if a permit is required for the transferred portion

based on the threshold amounts established in divisions (A)(1) to (3) of section 1522.12

of the Revised Code, the chief shall issue a new permit for the transferred portion

of the facility to the transferee and a modified permit for the remaining portion

of the facility to the original permittee upon a showing that the transferee will

meet the conditions of the original permit and all applicable requirements of this

chapter and rules adopted under it.  Any new permit shall reflect the portion of the withdrawal and consumptive use capacity

that has been transferred. (3) If the owner of a baseline facility sells or transfers a portion of the baseline

facility, transfer of the applicable portion of the withdrawal and consumptive use

capacity listed in the baseline report for that facility may occur so long as the

location of the facility, the source of water, and the total withdrawal and consumptive

use capacities do not change.  The owner shall provide notice of such a transfer to the chief in a manner prescribed

by the chief.  The chief shall not require the owner of the baseline facility or the transferee

to obtain a withdrawal and consumptive use permit, but shall update the baseline report

to reflect the transfer. (4) The chief may deny a transfer under this section by issuing an order denying the

transfer and sending written notice to the permittee and the transferee not later

than thirty days after notice of the intended transfer.  The chief shall deny the transfer if the chief determines that the transfer will

result in noncompliance with this chapter, rules adopted under it, or the terms and

conditions of a withdrawal and consumptive use permit. (5) The chief shall remove a facility from the baseline report when the facility is subject

to baseline facility abandonment.  However, a baseline facility shall not be removed from the baseline report due to

the transfer of the facility's baseline capacity. (B) No person shall sell or transfer a withdrawal and consumptive use permit for purposes

of evading the requirements established in sections 1522.10 to 1522.30 of the Revised Code .