N.D. Admin. Code 33-24-06-10

Current through Supplement No. 393, July, 2024

Section 33-24-06-10 - Effect of a permit

1. Compliance with a hazardous waste permit.

a. Compliance with a hazardous waste permit during its term constitutes compliance, for purposes of enforcement, with North Dakota Century Code chapter 23-20.3 except for those requirements not included in the permit which:

(1) Become effective by statute;

(2) Are promulgated under sections 33-24-05-250 through 33-24-05-299 restricting the placement of hazardous wastes in or on the land;

(3) Are promulgated under 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 regarding leak detection systems for new and replacement surface impoundment, waste pile, and landfill units, and lateral expansions of surface impoundment, waste pile, and landfill units. The leak detection system requirements include double liners, construction quality assurance (CQA) programs, monitoring, action leakage rates, and response action plans, and will be implemented through the procedures of section 33-24-06-14 class 1 permit modifications; or

(4) Are promulgated under subparts AA, BB, or CC of 40 CFR part 265 limiting air emissions, as incorporated by reference in subsection 5 of section 33-24-06-16.

b. A permit may be modified, revoked and reissued, or terminated during the permit's term for cause as set forth in sections 33-24-06-12 and subsection 1 of section 33-24-06-13, or the permit may be modified upon the request of the permittee as set forth in section 33-24-06-14.

2. The issuance of a permit does not convey any property rights of any sort, or any exclusive privilege.

3. The issuance of a permit does not authorize any injury to persons or property or invasion of other private rights, or any infringement of state or local law or regulations.

N.D. Admin Code 33-24-06-10

Effective January 1, 1984; amended effective October 1, 1986; December 1, 1991; January 1, 1994; 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, 23-20.3-05