Section 33-24-06-04 - Conditions applicable to permitsThe following conditions apply to all hazardous waste permits. All conditions applicable to permits must be incorporated into the permits either expressly or by reference. If incorporated by reference, a specific citation to this article must be given in the permit.
1.Duty to comply. The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the North Dakota Century Code and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or for denial of a permit renewal application. However, the permittee need not comply with the conditions of this permit to the extent and for the duration such noncompliance is authorized in an emergency permit. (See section 33-24-06-19.)2.Duty to reapply. If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee shall apply for and obtain a new permit.3.Need to halt or reduce activity not a defense. It is not a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit.4.Duty to mitigate. In the event of noncompliance with the permit, the permittee shall take all reasonable steps to minimize releases to the environment, and shall carry out such measures as are reasonable to prevent any adverse impacts on human health or the environment.5.Proper operation and maintenance. The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance include effective performance, adequate funding, adequate operator staffing and training, and adequate laboratory and process controls, including appropriate quality assurance procedures. This provision requires the operation of backup or auxiliary facilities or similar systems only when necessary to achieve compliance with the conditions of the permit.6.Permit actions. This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance, does not stay any permit condition.7.Property rights. This permit does not convey any property rights of any sort or any exclusive privilege.8.Duty to provide information. The permittee shall furnish to the department, within a reasonable time, any relevant information which the department may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit, or to determine compliance with this permit. The permittee shall also furnish to the department, upon request, copies of records required to be kept by this permit.9.Inspection and entry. The permittee shall allow the department, or an authorized representative, upon the presentation of credentials and other documents as may be required by law, to: a. Enter at reasonable times upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit;b. Have access to and copy at reasonable times, any records that must be kept under the conditions of this permit;c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; andd. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized, any substances or parameters at any location.10.Monitoring and records.a. Samples and measurements taken for the purposes of monitoring must be representative of the monitored activity.b. The permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, the certification required by subdivision i of subsection 2 of section 33-24-05-40, and records of all data used to complete the application for this permit, for a period of at least three years from the date of the sample, measurement, report, certification, or application. This period may be extended by the request of the department at any time. c. Records of monitoring information must include:(1) The date, exact place, and time of sampling or measurements;(2) The individuals who performed the sampling or measurements;(3) The dates analyses were performed;(4) The individuals who performed the analyses;(5) The analytical techniques or methods used; and(6) The results of such analyses.d. The permittee shall maintain records from all ground water monitoring wells and associated ground water surface elevations for the active life of the facility, and, for disposal facilities, for the postclosure care period as well.11.Signatory requirement. All applications, reports, or information submitted to the department must be signed and certified. (See section 33-24-06-03.)12.Reporting requirements.a. Planned changes. The permittee shall give notice to the department as soon as possible of any planned physical alterations or additions to the permitted facility. For a new hazardous waste management facility, the permittee may not commence treatment, storage, or disposal of hazardous waste; and for a facility being modified, the permittee may not treat, store, or dispose of hazardous waste in the modified portion of the facility, until:(1) The permittee has submitted to the department by certified mail or hand delivery a letter signed by the permittee and a registered professional engineer stating that the facility has been constructed or modified in compliance with the permit; and(2) Either of the following: (a) The department has inspected the modified or newly constructed facility and finds it is in compliance with the conditions of the permit; or(b) Within fifteen days of the date of submission of the letter in paragraph 1, the permittee has not received notice from the department of the department's intent to inspect. If so, prior inspection by the department is waived and the permittee may commence treatment, storage, or disposal of hazardous waste. b. Anticipated noncompliance. The permittee shall give advance notice to the department of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. For a new facility, the permittee may not treat, store, or dispose of hazardous waste; and for a facility being modified, the permittee may not treat, store, or dispose of hazardous waste in the modified portion of the facility except as provided in section 33-24-06-14, until: (1) The permittee has submitted to the department by certified mail or hand delivery a letter signed by the permittee and a registered professional engineer stating that the facility has been constructed or modified in compliance with the permit; and(2) Complied with the following: (a) The department has inspected the modified or newly constructed facility and finds the modified or newly constructed facility is in compliance with the conditions of the permit; or(b) Within fifteen days of the date of submission of the letter in paragraph 1, the permittee has not received notice from the department of the department's intent to inspect, prior inspection is waived and the permittee may commence treatment, storage, or disposal of hazardous waste.c. Transfers. This permit is not transferable to any person except after notice to the department. The department may require modification or revocation and reissuance of the permit to change the name of the permittee and incorporate such other requirements as may be necessary. (See section 33-24-06-11; in some cases, modification or revocation and reissuance is mandatory.)d. Monitoring reports. Monitoring results must be reported at the intervals specified elsewhere in this permit.e. Compliance schedules. Reports of compliance or noncompliance with, or any progress reports on, interim and final requirements contained in any compliance schedule of this permit must be submitted no later than fourteen days following each schedule date.f. Twenty-four-hour reporting. (1) The permittee shall report any noncompliance which may endanger health or the environment.(2) Any information shall be provided orally within twenty-four hours from the time the permittee becomes aware of the circumstances. The following shall be included as information which must be reported orally:(a) Information concerning release of any hazardous waste that may cause an endangerment to public drinking water supplies; and(b) Any information of a release or discharge of hazardous waste, or of a fire or explosion from a hazardous waste management facility, which could threaten the environment or human health outside the facility. The description of the occurrence and its cause must include: [1] Name, address, and telephone number of the owner or operator;[2] Name, address, and telephone number of the facility;[3] Date, time, and type of incident;[4] Name and quantity of materials involved;[5] The extent of injuries, if any;[6] An assessment of actual or potential hazards to the environment and human health outside the facility, where this is applicable; and[7] Estimated quantity and disposition of recovered material that resulted from the incident.(3) A written submission must also be provided within five days of the time the permittee becomes aware of the circumstances. The written submission must contain a description of the noncompliance and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance.(4) The department may waive the five-day written notice requirement in favor of a written report within fifteen days.g. Other noncompliance. The permittee shall report all instances of noncompliance not reported under subdivisions a, d, e, and f, at the time monitoring reports are submitted. The reports must contain the information listed in subdivision f.h. Manifest discrepancy reports. If a significant discrepancy in a manifest is discovered, the permittee shall attempt to reconcile the discrepancy. If not resolved within fifteen days, the permittee shall submit a letter report, including a copy of the manifest to the department.i. Unmanifested waste report. An unmanifested waste report must be submitted to the department within fifteen days of receipt of unmanifested waste.j. Biennial report. A biennial report must be submitted covering facility activities during odd-numbered calendar years.k. Other information. Where the permittee becomes aware that the permittee failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the department, the permittee shall promptly submit such facts or information.13.Information repository. The department may require the permittee to establish and maintain an information repository at any time, based on the factors set forth in subsection 2 of section 33-24-07-27. The information repository will be governed by the provisions of subsections 3 through 6 of section 33-24-07-27.N.D. Admin Code 33-24-06-04
Effective January 1, 1984; amended effective October 1, 1986; December 1, 1988; December 1, 1991; July 1, 1997.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, 23-20.3-05