Section 33-16-03.1-13 - Public participation1. If the department determines a significant degree of public interest exists regarding new or expanding facilities, or significant revisions to a facility's nutrient management plan, it shall issue a public notice requesting comment on applications for both individual permits and general state animal feeding operation permits.2. The department shall provide a period of not less than thirty days during which time interested persons may submit comments. The period of comment may be extended at the discretion of the department.3. The public notice must be placed in the official county newspaper or other daily or weekly newspaper circulated in the area of the proposed animal feeding operation. In the case of draft general permits, the public notice will be placed in applicable official county newspapers. The department may also use any other reasonable means to provide the public notice information to parties potentially affected.4. The public notice must include at least the following:a. Name, address, and telephone number of the agency issuing the public notice.b. Name and address of the applicant and a brief description of the application information, including the proposed location of the facility. The exception would be draft general permits for which there is no specific applicant.c. The date, time, and location of any scheduled public meeting or hearing.d. An explanation of how to view or obtain materials (e.g., copy of design plans) related to the application and the department's review.e. An explanation of how to submit comments.5. The department shall send copies of the public notice to the applicant and to local governmental entities which have jurisdiction over the area where the facility is located or is proposed to be located.6. The department shall hold a public meeting or hearing as it deems appropriate to allow additional public input or to provide information to the public concerning the department's review of the facility.7. In making its final decision on the application or draft permit, the department shall consider all comments submitted within a timeframe specified in the public notice and all comments received at any public hearing. Within twenty days of the close of the public comment period, the applicant, if any, may submit a written response to the public comments. The department shall consider the applicant's response in making its final decision.8. Pursuant to the requirements of this chapter and within sixty days of the applicant's response to the public comments, the department shall make a final determination as to whether the permit should be approved, approved with conditions, or denied.9. The department shall notify the applicant in writing of its final determination and provide to the applicant a copy of the final permit, if issued. Upon request, other interested individuals may also obtain copies of the final permit.10. Once finalized, information on general permits and their availability must be provided to potentially eligible or affected facilities.11. The department may combine proceedings under this chapter with proceedings to issue a North Dakota pollutant discharge elimination system permit under chapter 33-16-01. The combined proceedings will be subject to the public participation procedures in 33-16-01.N.D. Admin Code 33-16-03.1-13
Effective December 1, 2004; amended effective January 7, 2005.Amended by Administrative Rules Supplement 370, October 2018, effective 10/1/2018.Amended by Administrative Rules Supplement 371, January 2019, effective 10/1/2018.General Authority: NDCC 61-28-04
Law Implemented: NDCC 61-28-04