Chapter 24-07. Permitting Procedures

the owner or operator shall comply with these applicable terms and conditions. 2. The supplemental portion of a standardized permit consists of site specific terms and conditions, beyond those of the uniform portion, which the department may impose on the facility, as necessary t…

This chapter contains procedures for issuing, modifying, revoking and reissuing, or terminating all permits, other than "emergency permits" (see section 33.1-24-06-19) and "permits by rule" (see section 33.1-24-06-18). The latter kinds of permits are governed by chapter 33.1-24-0…

1. General requirements. a. Any person who requires a hazardous waste permit shall complete, sign, and submit to the department an application in accordance with chapter 33.1-24-06. b. The department shall not begin the processing of a permit until the applicant has fully complie…

1. Permits may be modified, revoked and reissued, or terminated either at the request of any interested person (including the permittee) or upon the department's initiative. However, permits may only be modified, revoked and reissued, or terminated by the department for the reaso…

1. Once an application is complete, the department shall tentatively decide whether to prepare a draft permit or to deny the application. 2. If the department tentatively decides to deny the permit application, the department shall issue a notice of intent to deny. A notice of in…

1. A fact sheet must be prepared for every draft permit for a major hazardous waste management facility or activity, and for every draft permit which the department finds is the subject of widespread public interest or raises major issues. The fact sheet must briefly set forth th…

1. Scope. a. The department shall give public notice that the following actions have occurred: (1) A permit application has been tentatively denied under subsection 2 of section 33.1-24-07-04. (2) A draft permit has been prepared under subsection 3 of section 33.1-24-07-04. (3) A…

During the public comment period provided under section 33.1-24-07-06, any interested person may submit written comments on the draft permit and may request a public hearing, if no hearing has already been scheduled. A request for a public hearing must be in writing and must stat…

1. The department shall hold a public hearing: a. Whenever the department finds, on the basis of requests, a significant degree of public interest in a draft permit; 7 b. At the department's discretion, whenever for instance, such a hearing might clarify one or more issues involv…

period. All persons, including applicants, who believe any condition of a draft permit is inappropriate or that the department's tentative decision to deny an application, terminate a permit, or prepare a draft permit is inappropriate, shall raise all reasonably ascertainable iss…

1. If any data, information, or arguments submitted during the public comment period, including information or arguments required under section 33.1-24-07-09, appear to raise substantial new questions concerning a permit, the department may take one or more of the following actio…

1. After the close of the public comment period under section 33.1-24-07-06 on a draft permit, the department shall issue a final permit decision (or a decision to deny a permit for the active life of a hazardous waste management facility or unit under subsection 2 of section 33.…

1. Stays. a. If a request for review of a permit under section 33.1-24-07-14 is granted, the effect of the contested permit conditions is stayed and is not subject to judicial review pending final department action. If the permit involves a new facility, the applicant is without …

1. At the time that a final permit is issued under section 33.1-24-07-11, the department shall issue a response to comments. This response must: a. Specify which provisions, if any, of the draft permits have been changed in the final permit decision, and the reasons for the chang…

1. Within thirty days after a final permit decision (or a decision under subsection 2 of section 33.1-24-06-13 to deny a permit for the active life of a hazardous waste management facility or unit) has been issued under section 33.1-24-07-11, any person who filed comments on that…

CHAPTER 33.1-24-07 PERMITTING PROCEDURES Section 33.1-24-07-01 Purpose and Scope 33.1-24-07-02 Application for a Permit 33.1-24-07-03 Modification, Revocation and Reissuance, or Termination of Permits 33.1-24-07-04 Draft Permits 33.1-24-07-05 Fact Sheet 33.1-24-07-06 Public Notic…

CHAPTER 33.1-24-07 PERMITTING PROCEDURES Section 33.1-24-07-01 Purpose and Scope 33.1-24-07-02 Application for a Permit 33.1-24-07-03 Modification, Revocation and Reissuance, or Termination of Permits 33.1-24-07-04 Draft Permits 33.1-24-07-05 Fact Sheet 33.1-24-07-06 Public Notic…

CHAPTER 33.1-24-07 PERMITTING PROCEDURES Section 33.1-24-07-01 Purpose and Scope 33.1-24-07-02 Application for a Permit 33.1-24-07-03 Modification, Revocation and Reissuance, or Termination of Permits 33.1-24-07-04 Draft Permits 33.1-24-07-05 Fact Sheet 33.1-24-07-06 Public Notic…

CHAPTER 33.1-24-07 PERMITTING PROCEDURES Section 33.1-24-07-01 Purpose and Scope 33.1-24-07-02 Application for a Permit 33.1-24-07-03 Modification, Revocation and Reissuance, or Termination of Permits 33.1-24-07-04 Draft Permits 33.1-24-07-05 Fact Sheet 33.1-24-07-06 Public Notic…

CHAPTER 33.1-24-07 PERMITTING PROCEDURES Section 33.1-24-07-01 Purpose and Scope 33.1-24-07-02 Application for a Permit 33.1-24-07-03 Modification, Revocation and Reissuance, or Termination of Permits 33.1-24-07-04 Draft Permits 33.1-24-07-05 Fact Sheet 33.1-24-07-06 Public Notic…

CHAPTER 33.1-24-07 PERMITTING PROCEDURES Section 33.1-24-07-01 Purpose and Scope 33.1-24-07-02 Application for a Permit 33.1-24-07-03 Modification, Revocation and Reissuance, or Termination of Permits 33.1-24-07-04 Draft Permits 33.1-24-07-05 Fact Sheet 33.1-24-07-06 Public Notic…

CHAPTER 33.1-24-07 PERMITTING PROCEDURES Section 33.1-24-07-01 Purpose and Scope 33.1-24-07-02 Application for a Permit 33.1-24-07-03 Modification, Revocation and Reissuance, or Termination of Permits 33.1-24-07-04 Draft Permits 33.1-24-07-05 Fact Sheet 33.1-24-07-06 Public Notic…

CHAPTER 33.1-24-07 PERMITTING PROCEDURES Section 33.1-24-07-01 Purpose and Scope 33.1-24-07-02 Application for a Permit 33.1-24-07-03 Modification, Revocation and Reissuance, or Termination of Permits 33.1-24-07-04 Draft Permits 33.1-24-07-05 Fact Sheet 33.1-24-07-06 Public Notic…

CHAPTER 33.1-24-07 PERMITTING PROCEDURES Section 33.1-24-07-01 Purpose and Scope 33.1-24-07-02 Application for a Permit 33.1-24-07-03 Modification, Revocation and Reissuance, or Termination of Permits 33.1-24-07-04 Draft Permits 33.1-24-07-05 Fact Sheet 33.1-24-07-06 Public Notic…

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1. Applicability. The requirements of this section apply to all hazardous waste part B applications seeking initial permits for hazardous waste management units. The requirements of this section also apply to hazardous waste part B applications seeking renewal of permits for such…

1. Applicability. The requirements of this section apply to all hazardous waste part B applications seeking initial permits for hazardous waste management units. The requirements of this section also apply to hazardous waste part B applications seeking renewal of permits for such…

1. Applicability. The requirements of this section apply to all applications seeking hazardous waste permits for hazardous waste management units. 2. The department may assess the need, on a case-by-case basis, for an information repository. When assessing the need for an informa…

CHAPTER 33.1-24-07 PERMITTING PROCEDURES Section 33.1-24-07-01 Purpose and Scope 33.1-24-07-02 Application for a Permit 33.1-24-07-03 Modification, Revocation and Reissuance, or Termination of Permits 33.1-24-07-04 Draft Permits 33.1-24-07-05 Fact Sheet 33.1-24-07-06 Public Notic…

CHAPTER 33.1-24-07 PERMITTING PROCEDURES Section 33.1-24-07-01 Purpose and Scope 33.1-24-07-02 Application for a Permit 33.1-24-07-03 Modification, Revocation and Reissuance, or Termination of Permits 33.1-24-07-04 Draft Permits 33.1-24-07-05 Fact Sheet 33.1-24-07-06 Public Notic…

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CHAPTER 33.1-24-07 PERMITTING PROCEDURES Section 33.1-24-07-01 Purpose and Scope 33.1-24-07-02 Application for a Permit 33.1-24-07-03 Modification, Revocation and Reissuance, or Termination of Permits 33.1-24-07-04 Draft Permits 33.1-24-07-05 Fact Sheet 33.1-24-07-06 Public Notic…

CHAPTER 33.1-24-07 PERMITTING PROCEDURES Section 33.1-24-07-01 Purpose and Scope 33.1-24-07-02 Application for a Permit 33.1-24-07-03 Modification, Revocation and Reissuance, or Termination of Permits 33.1-24-07-04 Draft Permits 33.1-24-07-05 Fact Sheet 33.1-24-07-06 Public Notic…

CHAPTER 33.1-24-07 PERMITTING PROCEDURES Section 33.1-24-07-01 Purpose and Scope 33.1-24-07-02 Application for a Permit 33.1-24-07-03 Modification, Revocation and Reissuance, or Termination of Permits 33.1-24-07-04 Draft Permits 33.1-24-07-05 Fact Sheet 33.1-24-07-06 Public Notic…

CHAPTER 33.1-24-07 PERMITTING PROCEDURES Section 33.1-24-07-01 Purpose and Scope 33.1-24-07-02 Application for a Permit 33.1-24-07-03 Modification, Revocation and Reissuance, or Termination of Permits 33.1-24-07-04 Draft Permits 33.1-24-07-05 Fact Sheet 33.1-24-07-06 Public Notic…

CHAPTER 33.1-24-07 PERMITTING PROCEDURES Section 33.1-24-07-01 Purpose and Scope 33.1-24-07-02 Application for a Permit 33.1-24-07-03 Modification, Revocation and Reissuance, or Termination of Permits 33.1-24-07-04 Draft Permits 33.1-24-07-05 Fact Sheet 33.1-24-07-06 Public Notic…

CHAPTER 33.1-24-07 PERMITTING PROCEDURES Section 33.1-24-07-01 Purpose and Scope 33.1-24-07-02 Application for a Permit 33.1-24-07-03 Modification, Revocation and Reissuance, or Termination of Permits 33.1-24-07-04 Draft Permits 33.1-24-07-05 Fact Sheet 33.1-24-07-06 Public Notic…

CHAPTER 33.1-24-07 PERMITTING PROCEDURES Section 33.1-24-07-01 Purpose and Scope 33.1-24-07-02 Application for a Permit 33.1-24-07-03 Modification, Revocation and Reissuance, or Termination of Permits 33.1-24-07-04 Draft Permits 33.1-24-07-05 Fact Sheet 33.1-24-07-06 Public Notic…

CHAPTER 33.1-24-07 PERMITTING PROCEDURES Section 33.1-24-07-01 Purpose and Scope 33.1-24-07-02 Application for a Permit 33.1-24-07-03 Modification, Revocation and Reissuance, or Termination of Permits 33.1-24-07-04 Draft Permits 33.1-24-07-05 Fact Sheet 33.1-24-07-06 Public Notic…

CHAPTER 33.1-24-07 PERMITTING PROCEDURES Section 33.1-24-07-01 Purpose and Scope 33.1-24-07-02 Application for a Permit 33.1-24-07-03 Modification, Revocation and Reissuance, or Termination of Permits 33.1-24-07-04 Draft Permits 33.1-24-07-05 Fact Sheet 33.1-24-07-06 Public Notic…

The standardized permit is a special form of hazardous waste permit which may consist of two parts: A uniform portion that the department issues in all cases, and a supplemental portion that the department issues at the department's discretion. Standardized permit is defined in s…

1. The owner or operator may be eligible for a standardized permit if the facility: 15 a. Generates hazardous waste and then stores or nonthermally treats the hazardous waste onsite in containers, tanks, or containment buildings; or b. Receives hazardous waste generated offsite b…

1. The owner or operator shall follow the requirements in sections 33.1-24-07-40 through 33.1-24-07-54, section 33.1-24-07-25, section 33.1-24-06-01, and sections 33.1-24-06-45 through 33.1-24-06-85. 2. The owner or operator shall submit to the department a written notice of inte…

If all units in the hazardous waste permit are eligible for the standardized permit, the permittee may request the individual permit be revoked and reissued as a standardized permit, in accordance with section 33.1-24-07-03. If only some of the units in the hazardous waste permit…

1. The department shall: a. Review the notice of intent and supporting information submitted by the facility owner or operator. b. Determine whether the facility is or is not eligible to operate under the standardized permit. (1) If the facility is eligible for the standardized p…

The department shall consider all comments received during the public comment period in making a final permit decision. In preparing a final permit decision, the following provisions apply: 1. Section 33.1-24-07-01. 2. Section 33.1-24-07-48. 3. Subsections 4, 5, and 6 of section …

1. Cases where the department may determine a facility is not eligible for the standardized permit include the following: a. The facility does not meet the criteria in section 33.1-24-07-41. b. The facility has a demonstrated history of significant noncompliance with rules, regul…

1. The department shall provide public notice of the department's draft permit decision and shall provide an opportunity for the public to submit comments and request a hearing on that decision. The public notice must be provided to: a. The applicant; b. Any other agency that the…

1. The public notice issued under section 33.1-24-07-47 must allow at least a forty-five day public comment period for people to submit written comments on the draft permit decision. The public comment period is automatically extended to the close of any public hearing under this…

1. At the time a final standardized permit is issued, the department shall respond to comments received during the public comment period on the draft permit. This response must: a. Specify which additional conditions (for example, those in the supplemental portion), if any, have …