Following closure and the period of post-closure observation and maintenance, the licensee may apply for an amendment to transfer the license to the custodial agency. The license may be transferred when the commission finds that:
  (1) The closure of the disposal site has been made in conformance with the licensee's disposal site closure plan, as amended and approved as part of the license;
  (2) Reasonable assurance has been provided by the licensee that the performance objectives of this subchapter are met;
  (3) Any funds and necessary records for care shall be transferred to the custodial agency;
  (4) The post-closure monitoring program is operational for implementation by the custodial agency; and
  (5) The state or federal government agency (custodial agency) which will assume responsibility for institutional control of the disposal site is prepared to assume responsibility and ensure that the institutional requirements found necessary under §336.715(7) of this title (relating to Standards for Issuance of a License, License Amendment, or License Renewal) will be met.

Source Note: The provisions of this §336.721 adopted to be effective June 5, 1997, 22 TexReg 4588.