Section 33-24-07-25 - Preapplication public meeting and notice1. Applicability. The requirements of this section apply to all hazardous waste part B applications seeking initial permits for hazardous waste management units. The requirements of this section also apply to hazardous waste part B applications seeking renewal of permits for such units, where the renewal application is proposing a significant change in facility operations. For the purposes of this section, a "significant change" is any change that would qualify as a class 3 permit modification under section 33-24-06-14. The requirements of this section also apply to hazardous waste management facilities for which facility owners or operators are seeking coverage under a hazardous waste standardized permit (see sections 33-24-06-45 through 33-24-06-85), including renewal of a standardized permit for such units, where the renewal is proposing a significant change in facility operations, as defined at subsection 3 of section 33-24-07-51. The requirements of this section do not apply to permit modifications under section 33-24-06-14 or to applications that are submitted for the sole purpose of conducting postclosure activities or postclosure activities and corrective action at a facility.2. Prior to the submission of a part B hazardous waste permit application for a facility, or to the submission of a written notice of intent to be covered by a hazardous waste standardized permit (see sections 33-24-06-45 through 33-24-06-85), the applicant must hold at least one meeting with the public in order to solicit questions from the community and inform the community of proposed hazardous waste management activities. The applicant shall post a sign-in sheet or otherwise provide a voluntary opportunity for attendees to provide their names and addresses.3. The applicant shall submit a summary of the meeting, along with the list of attendees and their addresses developed under subsection 2, and copies of any written comments or materials submitted at the meeting, to the department as a part of the part B application, in accordance with subsection 2 of section 33-24-06-17, or with the written notice of intent to be covered by a hazardous waste standardized permit (see sections 33-24-06-45 through 33-24-06-85).4. The applicant shall provide public notice of the preapplication meeting at least thirty days prior to the meeting. The applicant shall maintain, and provide to the department upon request, documentation of the notice. a. The applicant shall provide public notice in all of the following forms: (1) A newspaper advertisement. The applicant shall publish a notice, fulfilling the requirements in subdivision b, in a newspaper of general circulation in the county or equivalent jurisdiction that hosts the proposed location of the facility. In addition, the department shall instruct the applicant to publish the notice in newspapers of general circulation in adjacent counties or equivalent jurisdictions, where the department determines that such publication is necessary to inform the affected public. The notice must be published as a display advertisement.(2) A visible and accessible sign. The applicant shall post a notice on a clearly marked sign at or near the facility, fulfilling the requirements in subdivision b. If the applicant places the sign on the facility property, then the sign must be large enough to be readable from the nearest point where the public would pass by the site.(3) A broadcast media announcement. The applicant shall broadcast a notice, fulfilling the requirements in subdivision b, at least once on at least one local radio station or television station. The applicant may employ another medium with prior approval of the department. (4) A notice to the department. The applicant shall send a copy of the newspaper notice to the department and to the appropriate units of state and local government, in accordance with subdivision b of subsection 3 of section 33-24-07-06.b. The notices required under subdivision a must include: (1) The date, time, and location of the meeting;(2) A brief description of the purpose of the meeting;(3) A brief description of the facility and proposed operations, including the address or a map (for example, a sketched or copied street map) of the facility location;(4) A statement encouraging people to contact the facility at least seventy-two hours before the meeting if they need special access to participate in the meeting; and(5) The name, address, and telephone number of a contact person for the applicant.N.D. Admin Code 33-24-07-25
Effective July 1, 1997; amended 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