Section 33-24-06-05 - Establishing permit conditions1. In addition to conditions required in all permits (section 33-24-06-04), the department shall establish conditions in permits, as required on a case-by-case basis, under section 33-24-06-06 (duration of permits), subsection 1 of section 33-24-06-07 (schedules of compliance), and section 33-24-06-08 (monitoring). 2. Additional permit conditions. a. Each hazardous waste permit shall include permit conditions necessary to achieve compliance with North Dakota Century Code chapter 23-20.3 and rules, including each of the applicable requirements specified in 33-24-05. In satisfying this provision, the department may incorporate applicable requirements of 33-24-05 directly into the permit or establish other permit conditions that are based on this chapter.b. Each permit issued shall contain terms and conditions as the department determines necessary to protect human health and the environment.c. If, as the result of a assessments of other information, the department determines that conditions are necessary in addition to those required under 40 CFR parts 63, subpart EEE, 33-24-05 to ensure protection of human health and the environment, the department shall include those terms and conditions in a hazardous waste permit for a hazardous waste combustion unit.3. An applicable requirement is a statutory or regulatory requirement which takes effect prior to final administrative disposition of a permit. An applicable requirement is also any requirement which takes effect prior to the modification or revocation and reissuance of a permit, to the extent allowed in section 33-24-06-12.4. New or reissued permits, and to the extent allowed under section 33-24-06-12, modified or revoked and reissued permits, shall incorporate each of the applicable requirements referenced in this section and in section 33-24-06-08.5. All permit conditions must be incorporated either expressly or by reference. If incorporated by reference, a specific citation to the applicable regulations or requirements must be given in the permit.N.D. Admin Code 33-24-06-05
Effective January 1, 1984.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