N.D. Admin. Code 33-24-01-06

Current through Supplement No. 393, July, 2024

Section 33-24-01-06 - General rulemaking petitions

1. Any person may petition the department to modify or revoke any provisions in chapters 33-24-01 through 33-24-05. This section sets forth general requirements which apply to all such petitions. Section 33-24-01-07 sets forth additional requirements for petitions to add a testing or analytical method to 33-24-02 or sections 33-24-05-01 through 33-24-05-190, 33-24-05-300 through 33-24-05-524, 33-24-05-550 through 33-24-05-559, and 33-24-05-800 through 33-24-05-819 or subsection 5 of section 33-24-06-16. Section 33-24-01-08 sets forth additional requirements for petitions to exclude a waste or waste-derived material at a particular facility from section 33-24-02-03 or the lists of hazardous wastes in sections 33-24-02-15 through 33-24-02-19. Section 33-24-01-08 sets forth additional requirements for petitions to amend sections 33-24-05-700 through 33-24-05-799 to include additional hazardous wastes or categories of hazardous waste as universal waste.

2. Each petition must be submitted to the department by certified mail and must include:

a. The petitioner's name and address;

b. A statement of the petitioner's interest in the proposed action;

c. A description of the proposed action, including (where appropriate) suggested regulatory language; and

d. A statement of the need and justification for the proposed action, including any supporting tests, studies, or other information.

3. The department will make a tentative decision to grant or deny a petition and will publish notice of such tentative decision.

4. Upon the written request of any interested person, the department may, at its discretion, hold an informal public hearing to consider oral comments on the tentative decision. A person requesting a hearing must state the issues to be raised and explain why written comments would not suffice to communicate the person's views. The department may, in any case, decide on its own motion to hold an informal public hearing.

5. After evaluating all public comments, the department will make a final decision.

N.D. Admin Code 33-24-01-06

Effective January 1, 1984; amended effective December 1, 1988; July 1, 1997; December 1, 2003.

Amended by Administrative Rules Supplement 2016-359, January 2016, effective 1/1/2016.

General Authority: NDCC 23-20.3-03

Law Implemented: NDCC 23-20.3-03, 23-20.3-04