Change of Equipment Ownership / Contact Update

Use the following to help guide you through the application process for a legal change of ownership or for updating contact information, with no legal change of ownership, at an existing facility. These Guidelines do not constitute legal advice. For the purposes of the examples below, a “controlling share” of a corporation, partnership or limited liability company shall mean ownership of more than 50% of the voting equity interest in the entity.

A Change of Ownership is to transfer valid equipment that is currently permitted by SDAPCD from one owning entity to another, where the equipment remains at the current facility location. (Valid means currently in good standing with all fees paid) Permits to Operate, Certificates of Registration, and Authority to Construct are transferable. The transfer can be applied to all devices/operations or a partial set of devices/operations. All permits to be transferred should be noted on the Application Form. If the location of the permitted equipment has changed, submit a Change of Location Application.

If the business name has changed, but the owners remain the same, proceed in completing the General Application Form (Select “3e Other” Contact Update) in its entirety with the most current information, including an email address at which you would like to receive District correspondence. Submit completed form to  apcdpermits@sdapcd.org or mail to 10124 Old Grove Rd, San Diego, CA 92131.

  1. An individual, partnership, limited liability company or corporation sells its equipment to another individual, partnership, limited liability company or corporation.
  2. An individual, partnership, limited liability company or corporation purchases equipment from another individual, partnership, limited liability company or corporation.
  3. A controlling share of the equity securities of a corporation, the partnership interests of a partnership or the member interests of a limited liability company, are transferred to new owners, whether in a single transaction or a number of transactions over time.
  4. A corporation holding a permit merges with another, unrelated corporation and is not the surviving corporation.
  5. A corporation spins off a new corporation and equipment is transferred to the new corporation.
  6. An individual owner transfers equipment to a partnership, corporation or limited liability company in which he or she does not own the controlling share of the equity interests.
  7. A lessor leases equipment to a lessee, and after the termination of a lease, the lessor re-acquires equipment, but active permits were not retained in the lessor’s name.
  8. Other - Please explain

We do not accept Tax ID(s) and fictitious statements.  Acceptable documents include:

Bill of Sale, Title, Lease Agreement, Transfer Certificate Agreement, Escrow, Deed, Change of Equipment Ownership Supplemental Signatures Form

There is a non-refundable $150 administrative fee per site, which will be invoiced upon review of the Ownership Change Application and proof of entitlement. Please fill out the Ownership Change Application, provide proof of entitlement or Supplemental Signatures Form, and submit with payment to: APCDpermits@sdapcd.org

  1. An individual or a partnership composed of individuals incorporates or forms a limited liability company and there is no change in the ownership of the equity interests.
  2. A corporation, partnership or limited liability company undergoes a statutory conversion into another form of legal entity or the same legal entity in a new domicile state without any change in ownership.
  3. A corporation changes its name, but does not sell or transfer any assets to any other, separate corporation.
  4. A corporation merges with a parent corporation, a wholly owned subsidiary corporation, or another division of the same corporation.
  5. A corporation holding a permit merges with another, unrelated corporation and is the surviving corporation, provided that the controlling share of equity ownership of the surviving corporation does not change.
  6. A lessor re-acquires assets from lessee after the termination of a lease, and active permits were retained in the lessor’s name.
  7. An individual owner transfers equipment to a partnership in which he or she owns a controlling share of the equity interests.
  8. A permitted corporation creates a new wholly owned subsidiary corporation to own and operate the permitted equipment.
  9. A partnership substitutes a new partner for an old partner or adds one or more partners, provided that there is not a change in ownership of a controlling share.
  10. A partnership loses one or more partners and continues as a partnership or the partnership is dissolved, and the assets are distributed proportionately to the remaining partners as individual owners.
  11. An individual or partnership changes business name (dba) only.
  12. A trustee operating a business is replaced by a new trustee.
  13. Equity securities of a corporation, membership interests in a limited liability company (LLC), or limited partnership interests of a partnership are transferred to new owners, and the entity continues to operate with no apparent change in structure. (Note that this only pertains to a sale of equity interests and not equipment).
  14. Other - Please explain

How to Submit Ownership Change Application or Contact Update

Please have the following information available before submitting an application:

  • Completed General Application Form
    • Use the examples above to determine correct selection on "Reason for Submittal of Application"
  • Old Owner
  • New Owner
  • Permit Renewal Date
  • Proof of Entitlement Supplemental Documentation (Provide One)
    • Bill of Sale
    • Title
    • Lease Agreement
    • Transfer Certificate Agreement
    • Escrow
    • Deed
    • Change of Ownership Supplemental Signature Form
  • Fee Estimate and Payment (Change of Ownership Only)
    • Payment by credit card. Provide a phone number for us to contact.
    • Payment by check mailed or dropped off to APCD M-F 9a-12p or 1p-4p.
    • Fee Estimate Form ($150 for Change of Ownership)
    • No fee for Contact Update
  • Email or mail completed form(s) with supplemental documentation as needed to:
    • Air Pollution Control District, Attn: Permit Processing, 10124 Old Grove Road, San Diego, CA 92131
    • Email: apcdpermits@sdapcd.org
    • Phone: (858) 586-2600 for questions, ask to speak with Permit Processing

NOTE: BACK FEES MAY BE APPLICABLE PER RULE 40(6)(v) Prior to an ownership change application being processed, payment of all outstanding charges that are normally due and associated with that permit must be paid.

To determine if outstanding charges are due, please contact permit processing at apcdpermits@sdapcd.org or (858) 586-2600, with the affected APCD Permit number(s).

 

Rule References:

Rule 10 - Permits Required
Rule 40 - Permit and Other Fees

Contact APCD

Phone: (858) 586-2600

10124 Old Grove Road
San Diego, CA 92131

Email: airinfo@sdapcd.org

 

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