Section 33-24-06-31 - Remedial action plan application process1. To apply for a remedial action plan, the owner or operator must complete an application, sign it, and submit it to the department according to the requirements in sections 33-24-06-30 through 33-24-06-35.2. Who applies. When a facility or remediation waste management site is owned by one person, but the treatment, storage, or disposal activities are operated by another person, it is the operator's duty to obtain a remedial action plan, except that the owner must also sign the remedial action plan application.3. Signatory requirements. Both the owner and the operator must sign the remedial action plan application and any required reports according to subsections 1, 2, and 3 of section 33-24-06-03. In the application, both the owner and the operator must also make the certification required under subdivision a of subsection 4 of section 33-24-06-03. However, the owner may choose the alternative certification under subdivision b of subsection 4 of section 33-24-06-03 if the operator certifies under subdivision a of subsection 4 of section 33-24-06-03.4. Information to be included in the application. The owner or operator must include the following information in the application for a remedial action plan:a. The name, address, and identification number of the remediation waste management site;b. The name, address, and telephone number of the owner and operator;c. The latitude and longitude of the site;d. The United States geological survey or county map showing the location of the remediation waste management site;e. A scaled drawing of the remediation waste management site showing: (1) The remediation waste management site boundaries;(2) Any significant physical structures; and(3) The boundary of all areas onsite where remediation waste is to be treated, stored, or disposed;f. A specification of the hazardous remediation waste to be treated, stored, or disposed of at the facility or remediation waste management site. This must include information on: (1) Constituent concentrations and other properties of the hazardous remediation wastes that may affect how such materials should be treated or otherwise managed;(2) An estimate of the quantity of these wastes; and(3) A description of the processes the owner or operator will use to treat, store, or dispose of this waste, including technologies, handling systems, and design and operating parameters the owner or operator will use to treat hazardous remediation wastes before disposing of them according to the land disposal restrictions standards of sections 33-24-05-250 through 33-24-05-299, as applicable;g. Enough information to demonstrate that operations that follow the provisions in the remedial action plan application will ensure compliance with applicable requirements of sections 33-24-05-01 through 33-24-05-559 and 33-24-05-800 through 33-24-05-929;h. Such information as may be necessary to enable the department to carry out the department's duties under other federal or other state laws as is required for traditional hazardous waste permits under subdivision r of subsection 2 of section 33-24-06-17; andi. Any other information the department decides is necessary for demonstrating compliance with sections 33-24-06-30 through 33-24-06-35 or for determining any additional remedial action plan conditions that are necessary to protect human health and the environment.5. Confidentiality of remedial action plan information. The owner or operator may assert any such claim at the time that the owner or operator submits the remedial action plan application or other submissions by stamping the words "confidential business information" on each page containing such information. If the owner or operator asserts a claim at the time of the submission, the department will treat the information as confidential and will not release this information to the public. If the owner or operator does not assert a claim at the time of the submission, the department may make the information available to the public without further notice to the owner or operator. The department will deny any requests for confidentiality of an owner's or operator's name or address, or both.6. The owner or operator must submit the completed, signed application for a remedial action plan to the department for approval.7. If the owner or operator submits an application for a remedial action plan as a part of another document, the owner or operator must clearly identify the components of that document that constitute the remedial action plan application.N.D. Admin Code 33-24-06-31
Effective 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