Section 33-24-06-34 - Remedial action plan operations1.Recordkeeping requirements. The owner or operator is required to keep records of: a. All data used to complete remedial action plan applications and any supplemental information that the owner or operator submits for a period of at least three years from the date the application is signed; and b. Any operating records and other records the department requires the owner or operator to maintain as a condition of the remedial action plan. 2.Time period computation.a. Any time period scheduled to begin on the occurrence of an act or event must begin on the day after the act or event. (For example, if the remedial action plan specifies that the owner or operator must close a staging pile within one hundred eighty days after the operating term for that staging pile expires, and the operating term expires on June first, then June second counts as day one of the one hundred eighty days, and the owner or operator would have to complete closure by November twenty-eighth.) b. Any time period scheduled to begin before the occurrence of an act or event must be computed so that the period ends on the day before the act or event. (For example, if the owner or operator is transferring ownership or operational control of the site, and transfers the remedial action plan to the new owner or operator, the new owner or operator must submit a revised remedial action plan application no later than ninety days before the scheduled change. Therefore, if the owner or operator plans to change ownership on January first, the new owner or operator must submit the revised remedial action plan application no later than October third, so that the ninetieth day would be December thirty-first.) c. If the final day of any time period falls on a weekend or legal holiday, the time period must be extended to the next working day. (For example, if the owner or operator wishes to appeal the department's decision to modify the remedial action plan, then the owner or operator must petition the department within thirty days after the department has issued the final remedial action plan decision. If the thirtieth day falls on Sunday, then the owner or operator may submit the appeal by the Monday after. If the thirtieth day falls on July fifth, then the owner or operator may submit the appeal by July fifth.) d. Whenever a party or interested person has the right to or is required to act within a prescribed period after the service of notice or other paper upon them by mail, three days must be added to the prescribed term. (For example, if the owner or operator wishes to appeal the department's decision to modify the remedial action plan, then the owner or operator must petition the department within thirty days after the department has issued the final remedial action plan decision. However, if the department notifies the owner or operator of the decision by mail, then the owner or operator may have thirty-three days to petition the department.) 3.Transfer of a remedial action plan to a new owner or operator.a. An owner or operator may transfer the remedial action plan to a new owner or operator, provided the owner or operator follows the requirements specified in the remedial action plan for modification to identify the new owner or operator, and incorporate any other necessary requirements with prior approval of the department. These modifications do not constitute "significant" modifications for purposes of subsection 1 of section 33-24-05-33. The new owner or operator must submit a revised remedial action plan application no later than ninety days before the scheduled change along with a written agreement containing a specific date for transfer of remedial action plan responsibility between the owner or operator and the new owner or operator. b. When a transfer of ownership or operational control occurs, the owner or operator as the old owner or operator must comply with the applicable requirements in sections 33-24-05-74 through 33-24-05-88 until the new owner or operator has demonstrated compliance with the financial assurance requirements. The new owner or operator must demonstrate compliance with sections 33-24-05-74 through 33-24-05-88 within six months of the date of the change in ownership or operational control of the facility or remediation waste management site. When the new owner or operator demonstrates compliance with sections 33-24-05-74 through 33-24-05-88 to the department, the department will notify the old owner or operator that that person no longer needs to comply with sections 33-24-05-74 through 33-24-05-88 as of the date of demonstration. 4.Noncompliance and program reporting by the department. The department must report noncompliance with remedial action plans according to the provisions of section 33-24-06-15. N.D. Admin Code 33-24-06-34
Effective December 1, 2003.General Authority: NDCC 23-20.3-03
Law Implemented: NDCC 23-20.3-03, 23-20.3-04, 23-20.3-05, 23-20.3-09