---
kind: "section"
citation: "40 C.F.R. § 122.61"
title: "40"
number: "122.61"
heading: "Transfer of permits (applicable to State programs, see § 123.25)."
url: "https://uscodex.org/cfr/40/122.61"
---

# §122.61. Transfer of permits (applicable to State programs, see § 123.25).

- (a) **Transfers by modification.** Except as provided in [paragraph (b)](#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)](/cfr/40/122.62.md?p=b-2)), or a minor modification made (under [§ 122.63(d)](/cfr/40/122.63.md?p=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)](#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)](#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](/cfr/40/122.63.md). If this notice is not received, the transfer is effective on the date specified in the agreement mentioned in [paragraph (b)(2)](#b-2) of this section.

## Notes

### Authority

Authority: The Clean Water Act, 33 U.S.C. 1251 et seq.

### Source

Source: 48 FR 14153, Apr. 1, 1983, unless otherwise noted.