N.D. Admin. Code 33-24-07-04

Current through Supplement No. 393, July, 2024
Section 33-24-07-04 - Draft permits
1. Once an application is complete, the department shall tentatively decide whether to prepare a draft permit or to deny the application.
2. If the department tentatively decides to deny the permit application, the department shall issue a notice of intent to deny. A notice of intent to deny the permit application is a type of draft permit which follows the same procedures as any draft permit prepared under this section. (See subsection 4.) If the department's final decision is that the tentative decision to deny the permit application was incorrect, the department shall withdraw the notice of intent to deny and proceed to prepare a draft permit under subsection 3.
3. If the department decides to prepare a draft permit, the department shall prepare a draft permit that contains the following information:
a. All conditions under sections 33-24-06-04 and 33-24-06-05.
b. All compliance schedules under section 33-24-06-07.
c. All monitoring requirements under section 33-24-06-08.
d. Standards for treatment, storage, and disposal and other permit conditions under section 33-24-06-04.
4. All draft permits prepared under this section shall be accompanied by a fact sheet (section 33-24-07-05), publicly noticed (section 33-24-07-06), and shall be made available for public comment (section 33-24-07-07). The department shall give notice of opportunity for a public hearing (section 33-24-07-08), issue a final decision (section 33-24-07-11) and respond to comments (section 33-24-07-13). An appeal may be taken under section 33-24-07-14.

N.D. Admin Code 33-24-07-04

Effective January 1, 1984.

General Authority: NDCC 23-20.3-03

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