Section 33-24-07-03 - Modification, revocation and reissuance, or termination of permits1. Permits may be modified, revoked and reissued, or terminated either at the request of any interested person (including the permittee) or upon the department's initiative. However, permits may only be modified, revoked and reissued, or terminated by the department for the reasons specified in section 33-24-06-12 or 33-24-06-13. All requests shall be in writing and shall contain facts or reasons supporting the request.2. If the department decides the request is not justified, the department shall send the requester a brief written response giving a reason for the decision. Denials of requests for modification, revocation and reissuance, or termination are not subject to public notice, comments, or hearings. Denials by the department may be informally appealed to the department by letter briefly setting forth the relevant facts. The department may then begin modification, revocation and reissuance, or termination proceedings under subsection 3. The appeal shall be considered denied if the department takes no action on the letter within sixty days after receiving it.3. Requirements to modify or revoke. a. If the department tentatively decides to modify or revoke and reissue a permit under section 33-24-06-12 (other than subdivision c of subsection 2 of section 33-24-06-12) or subsection 3 of section 33-24-06-14, the department shall prepare a draft permit under section 33-24-07-04 incorporating the proposed changes. The department may request additional information and, in the case of a modified permit, may require the submission of an updated permit application. In the case of revoked and reissued permits, other than under subdivision c of subsection 2 of section 33-24-06-12, the department shall require the submission of a new application. In the case of revoked and reissued permits under subdivision c of subsection 2 of section 33-24-06-12, the department and the permittee shall comply with the appropriate requirements in sections 22-24-07-40 through 33-24-07-54 for hazardous waste standardized permits.b. In a permit modification under this section, only those conditions to be modified shall be reopened when a new draft permit is prepared. All other aspects of the existing permit shall remain in effect for the duration of the unmodified permit. When a permit is revoked and reissued under this section, the entire permit is reopened just as if the permit had expired and was being reissued. During any revocation and reissuance proceeding, the permittee shall comply with all conditions of the existing permit until a new final permit is reissued.c. "Class 1 and 2 modifications" as defined in section 33-24-06-14 are not subject to the requirements of this section.4. If the department tentatively decides to terminate a permit under section 33-24-06-13, the department shall issue a notice of intent to terminate. A notice of intent to terminate is a type of draft permit which follows the same procedures as any draft permit prepared under section 33-24-07-04.N.D. Admin Code 33-24-07-03
Effective January 1, 1984; amended effective December 1, 1988; January 1, 1994; 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