Section 33-24-07-46 - Situations requiring an application for an individual permit1. Cases where the department may determine a facility is not eligible for the standardized permit include the following: a. The facility does not meet the criteria in section 33-24-07-41.b. The facility has a demonstrated history of significant noncompliance with rules, regulations or permit conditions.c. The facility has a demonstrated history of submitting incomplete or deficient permit application information.d. The facility has submitted incomplete or inadequate materials with the notice of intent.2. If the department determines a facility is not eligible for the standardized permit, the department shall inform the facility owner or operator that the facility owner or operator must apply for an individual hazardous waste permit.3. The department may require any facility that has a standardized permit to apply for and obtain an individual hazardous waste permit. Any interested person may petition the department to take action under this subsection. Cases where the department may require an individual hazardous waste permit include the following: a. The facility is not in compliance with the terms and conditions of the standardized permit.b. Circumstances have changed since the time the facility owner or operator applied for the standardized permit, so that the facility's hazardous waste management practices are no longer appropriately controlled under the standardized permit.4. The department may require any facility authorized by a standardized permit to apply for an individual hazardous waste permit only if the department has notified the facility owner or operator in writing that an individual permit application is required. The notice must include a brief statement of the reasons for the department's decision, a statement setting a deadline for the owner or operator to file the application, and a statement that, on the effective date of the individual hazardous waste permit, the facility's standardized permit automatically terminates. Additional time may be granted upon request from the facility owner or operator.5. Issuance of an individual hazardous waste permit to an owner or operator otherwise subject to a standardized permit, the standardized permit for the facility will automatically cease to apply on the effective date of the individual permit.N.D. Admin Code 33-24-07-46
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