N.D. Admin. Code 33-24-07-02

Current through Supplement No. 393, July, 2024
Section 33-24-07-02 - Application for a permit
1. General requirements.
a. Any person who requires a hazardous waste permit shall complete, sign, and submit to the department an application in accordance with chapter 33-24-06.
b. The department shall not begin the processing of a permit until the applicant has fully complied with the application requirements for that permit. (See section 33-24-06-01.)
c. Permit applications must comply with the signature and certification requirements of section 33-24-06-03.
2. The department shall review for completeness every application for a hazardous waste permit. Each application for a permit submitted by a new hazardous waste management facility should be reviewed for completeness by the department within thirty days of its receipt. Each application for a permit submitted by an existing hazardous waste management facility (both parts A and B of the application) should be reviewed for completeness within sixty days of receipt. Upon completing the review, the department shall notify the applicant in writing whether the application is complete. If the application is incomplete, the department shall list the information necessary to make the application complete. When the application is for an existing hazardous waste management facility, the department shall specify in the notice of deficiency a date for submitting the necessary information. The department shall notify the applicant that the application is complete upon receiving this information. After the application is completed, the department may request additional information from an applicant, but only when necessary to clarify, modify, or supplement previously submitted material. Requests for such additional information will not render an application incomplete.
3. If an applicant fails or refuses to correct deficiencies in the application, the permit may be denied and appropriate enforcement actions may be taken under the applicable statutory provisions.
4. If the department decides that a site visit is necessary for any reason in conjunction with the processing of an application, the department shall notify the applicant and a date shall be scheduled.
5. The effective date of an application is the date on which the department notifies the applicant that the application is complete as provided in subsection 2.
6. For each application from a major new hazardous waste management facility, the department shall, no later than the effective date of the application, prepare and mail to the applicant a project decision schedule. The schedule must specify target dates by which the department intends to:
a. Prepare a draft permit;
b. Give public notice;
c. Complete the public comment period, including any public hearings; and
d. Issue a final permit.

N.D. Admin Code 33-24-07-02

Effective January 1, 1984; amended effective December 1, 1988.

General Authority: NDCC 23-20.3-03

Law Implemented: NDCC 23-20.3-03, 23-20.3-04, 23-20.3-05