North Dakota Administrative Code

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 …

Any person may petition for administrative review of the department's final permit decision, including the decision that the facility is eligible for the standardized permit, according to the procedures of section 33.1-24-07-14. However, the terms and conditions of the uniform po…

The permittee may make both routine changes, routine changes with prior department approval, and significant changes. For the purposes of this section: 1. ''Routine changes'' are any changes to the standardized permit that qualify as a class 1 permit modification (without prior d…

1. The permittee may make routine changes to the standardized permit without obtaining approval from the department. However, the permittee first must determine whether the routine change will amend the information submitted under section 33.1-24-06-57 with the notice of intent t…

1. Routine changes to the standardized permit with prior department approval may only be made with the prior written approval of the department. 2. The permittee also must follow the procedures in subdivisions a and b of subsection 2 of section 33.1-24-07-52. History: Effective J…

1. The permittee shall first provide notice of and conduct a public meeting. a. Public meeting. The permittee shall hold a meeting with the public to solicit questions from the community and inform the community of the permittee's proposed modifications to the permittee's hazardo…

1. The requirements of this chapter apply to all owners and operators of an underground storage tank system as defined in section 33.1-24-08-03, except as otherwise provided in subsections 2, 3, and 4. Any underground storage tank system listed in subsection 3 must meet the requi…

systems. 1. Owners and operators installing an underground storage tank system listed in subsection 3 of section 33.1-24-08-01 for the purpose of storing regulated substances (whether of single-wall or double-wall construction) shall meet the following requirements: a. Will preve…

1. "Aboveground release" means any release to the surface of the land or to surface water. This includes releases from the aboveground portion of an underground storage tank system and aboveground releases associated with overfills and transfer operations as the regulated substan…

CHAPTER 33.1-24-08 TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS Section 33.1-24-08-01 Applicability (Technical Standards and Corrective Action) 33.1-24-08-02 Installation Requirements for Partially Excluded Undergrou…

CHAPTER 33.1-24-08 TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS Section 33.1-24-08-01 Applicability (Technical Standards and Corrective Action) 33.1-24-08-02 Installation Requirements for Partially Excluded Undergrou…

CHAPTER 33.1-24-08 TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS Section 33.1-24-08-01 Applicability (Technical Standards and Corrective Action) 33.1-24-08-02 Installation Requirements for Partially Excluded Undergrou…

CHAPTER 33.1-24-08 TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS Section 33.1-24-08-01 Applicability (Technical Standards and Corrective Action) 33.1-24-08-02 Installation Requirements for Partially Excluded Undergrou…

CHAPTER 33.1-24-08 TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS Section 33.1-24-08-01 Applicability (Technical Standards and Corrective Action) 33.1-24-08-02 Installation Requirements for Partially Excluded Undergrou…

12

In order to prevent releases due to structural failure, corrosion, or spills and overfills for as long as the underground storage tank system is used to store regulated substances, all owners and operators of new underground storage tank systems must meet the following requiremen…

1. An owner or operator must submit the appropriate forms listed in subsection 2 of section 33.1-24-08-101 documenting current evidence of financial responsibility to the department: a. Within thirty days after the owner or operator identifies a release from an underground storag…

1. Owners or operators must maintain evidence of all financial assurance mechanisms used to demonstrate financial responsibility under sections 33.1-24-08-80 through 33.1-24-08-106 for 103 an underground storage tank until released from the requirements of sections 33.1-24-08-80 …

1. Except as specified in subsection 4, the department shall require the guarantor, surety, or institution issuing a letter of credit to place the amount of funds stipulated by the department, up to the limit of funds provided by the financial assurance mechanism, into the standb…

An owner or operator is no longer required to maintain financial responsibility under sections 33.1-24-08-80 through 33.1-24-08-106 for an underground storage tank after the tank has been permanently closed or undergoes a change-in-service or, if corrective action is required, af…

assurance. 1. Within ten days after commencement of a voluntary or involuntary proceeding under Title 11 (Bankruptcy) United States Code, naming an owner or operator as debtor, the owner or operator must notify the department by certified mail of such commencement and submit the …

1. If at any time after a standby trust is funded upon the instruction of the department with funds drawn from a guarantee, local government, letter of credit, or surety bond, and the amount in the standby trust is reduced below the full amount of coverage required, the owner or …

CHAPTER 33.1-24-08 TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS Section 33.1-24-08-01 Applicability (Technical Standards and Corrective Action) 33.1-24-08-02 Installation Requirements for Partially Excluded Undergrou…

CHAPTER 33.1-24-08 TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS Section 33.1-24-08-01 Applicability (Technical Standards and Corrective Action) 33.1-24-08-02 Installation Requirements for Partially Excluded Undergrou…

CHAPTER 33.1-24-08 TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS Section 33.1-24-08-01 Applicability (Technical Standards and Corrective Action) 33.1-24-08-02 Installation Requirements for Partially Excluded Undergrou…

CHAPTER 33.1-24-08 TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS Section 33.1-24-08-01 Applicability (Technical Standards and Corrective Action) 33.1-24-08-02 Installation Requirements for Partially Excluded Undergrou…

Owners and operators must permanently close (in accordance with sections 33.1-24-08-60 through 33.1-24-08-64) any underground storage tank system that does not meet the new underground storage tank system performance standards in section 33.1-24-08-10 or has not been upgraded in …

CHAPTER 33.1-24-08 TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS Section 33.1-24-08-01 Applicability (Technical Standards and Corrective Action) 33.1-24-08-02 Installation Requirements for Partially Excluded Undergrou…

108

CHAPTER 33.1-24-08 TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS Section 33.1-24-08-01 Applicability (Technical Standards and Corrective Action) 33.1-24-08-02 Installation Requirements for Partially Excluded Undergrou…

CHAPTER 33.1-24-08 TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS Section 33.1-24-08-01 Applicability (Technical Standards and Corrective Action) 33.1-24-08-02 Installation Requirements for Partially Excluded Undergrou…

CHAPTER 33.1-24-08 TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS Section 33.1-24-08-01 Applicability (Technical Standards and Corrective Action) 33.1-24-08-02 Installation Requirements for Partially Excluded Undergrou…

1. "Borrower, debtor, or obligor" is a person whose underground storage tank or underground storage tank system or facility or property on which the underground storage tank or underground storage tank system is located is encumbered by a security interest. These terms may be use…

CHAPTER 33.1-24-08 TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS Section 33.1-24-08-01 Applicability (Technical Standards and Corrective Action) 33.1-24-08-02 Installation Requirements for Partially Excluded Undergrou…

CHAPTER 33.1-24-08 TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS Section 33.1-24-08-01 Applicability (Technical Standards and Corrective Action) 33.1-24-08-02 Installation Requirements for Partially Excluded Undergrou…

CHAPTER 33.1-24-08 TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS Section 33.1-24-08-01 Applicability (Technical Standards and Corrective Action) 33.1-24-08-02 Installation Requirements for Partially Excluded Undergrou…

CHAPTER 33.1-24-08 TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS Section 33.1-24-08-01 Applicability (Technical Standards and Corrective Action) 33.1-24-08-02 Installation Requirements for Partially Excluded Undergrou…

1. After May 8, 1986, an owner must submit notice of a tank system's existence to the department within thirty days of bringing the underground storage tank system into use. Owners must use the form prescribed in appendix I. NOTE: Owners and operators of underground storage tank …

The term "participating in the management of an underground storage tank or underground storage tank system" means that, subsequent to December 6, 1995, the holder was engaging in decisionmaking control of, or activities related to, operation of the underground storage tank or un…

CHAPTER 33.1-24-08 TECHNICAL STANDARDS AND CORRECTIVE ACTION REQUIREMENTS FOR OWNERS AND OPERATORS OF UNDERGROUND STORAGE TANKS Section 33.1-24-08-01 Applicability (Technical Standards and Corrective Action) 33.1-24-08-02 Installation Requirements for Partially Excluded Undergrou…