Section 33-24-07-44 - Draft standardized permit1. The department shall: a. Review the notice of intent and supporting information submitted by the facility owner or operator.b. Determine whether the facility is or is not eligible to operate under the standardized permit. (1) If the facility is eligible for the standardized permit, the department shall propose terms and conditions, if any, to include in a supplemental portion. If the department determines these terms and conditions are necessary to protect human health and the environment and cannot be imposed, the department tentatively shall deny coverage under the standardized permit.(2) If the facility is not eligible for the standardized permit, the department tentatively shall deny coverage under the standardized permit. Cause for ineligibility may include the following: (a) Failure of the facility owner or operator to submit all the information required under section 33-24-06-57.(b) Information submitted that is required under section 33-24-06-57 is determined to be inadequate.(c) Facility does not meet the eligibility requirements (activities are outside the scope of the standardized permit).(d) Demonstrated history of significant noncompliance with applicable requirements.(e) Permit conditions cannot ensure protection of human health and the environment.c. Prepare a draft permit decision within one hundred twenty days after receiving the notice of intent and supporting documents from a facility owner or operator. A tentative determination under this section to deny or grant coverage under the standardized permit, including any proposed site specific conditions in a supplemental portion, constitutes a draft permit decision. A one time extension of thirty days to prepare the draft permit decision is allowed. When the use of the thirty-day extension is anticipated, the department should inform the permit applicant during the initial one-hundred-twenty-day review period. Reasons for an extension may include needing to complete review of submissions with the notice of intent (for example, closure plans, waste analysis plans, for facilities seeking to manage hazardous waste generated offsite).2. The draft permit decision must be accompanied by a fact sheet. In preparing the draft permit decision, the following provisions apply: b. Subsections 1 and 4 of Section 33-24-07-02.c. Section 33-24-07-05; however, in the context of the standardized permit, the reference to the public comment period is section 33-24-07-48 instead of section 33-24-07-06.d. Paragraphs 4 and 5 of subdivision a of subsection 3 of section 33-24-07-06, sections 33-24-07-47 through 33-24-07-49.N.D. Admin Code 33-24-07-44
Adopted 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