(1) A person may assume a permit from an operator by submitting an assignment application to the department.  Upon receipt of an assignment application, the department shall inspect the permitted site, if necessary, and evaluate the application and existing permit to determine if the requirements of the Act and this subchapter will be satisfied.

(2) The department shall approve an assignment application if it determines that:

(a) the application contains completed copies of the application for assignment and assignment forms provided by the department, and necessary revisions to the permit.  The application for assignment form shall include a statement that the applicant assumes responsibility for outstanding permit and site issues;

(b) the application materials and necessary revisions to the permit satisfy the requirements of the Act and this subchapter; and

(c) adequate bond has been submitted.  To be adequate, the bond must meet the requirements of ARM 17.24.220 and must include the cost to the department of reclaiming all previously disturbed lands within the permit area.

(3) An assignment does not become effective until approved by the department.  The assignee must ensure that it has a complete copy of the approved permit and assignment materials.  The assignee is responsible for complying with all terms of the permit, including all provisions of the plan of operation.

(4) An assignment application does not require the payment of an additional fee.