N.D. Admin. Code 33-24-07-47

Current through Supplement No. 393, July, 2024

Section 33-24-07-47 - Public notice of permit actions and public involvement

1. The department shall provide public notice of the department's draft permit decision and shall provide an opportunity for the public to submit comments and request a hearing on that decision. The public notice must be provided to:

a. The applicant;

b. Any other agency that the department knows has issued or is required to issue a hazardous waste permit for the same facility or activity, including the environmental protection agency;

c. Federal and state agencies with jurisdiction over fish, shellfish, and wildlife resources and over coastal zone management plans, the advisory council on historic preservation, state historic preservation officers, including any affected states;

d. To everyone on the facility mailing list developed according to the requirements in paragraph 4 of subdivision a of subsection 3 of section 33-24-07-06; and

e. To any units of local government having jurisdiction over the area where the facility is proposed to be located and to each state agency having any authority under state law with respect to the construction or operation of the facility.

2. The public notice must be issued according to the following methods:

a. Publication in a daily or weekly major local newspaper of general circulation and broadcast over local radio stations;

b. In a manner constituting legal notice to the public under state law and must comply with subsection 8 of North Dakota Century Code section 23-20.3-05; and

c. Any other method reasonably calculated to give actual notice of the draft permit decision to the persons potentially affected by it, including press releases or any other forum or medium to elicit public participation.

3. The following information must be included in the public notice:

a. The name and telephone number of the contact person at the facility.

b. The name and telephone number of the office processing the permit action, and a mailing address to which people may direct comments, information, opinions, or inquiries.

c. An address to which people may write to be put on the facility mailing list.

d. The location where people may view and make copies of the draft standardized permit and the notice of intent and supporting documents.

e. 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 on the front page of the notice.

f. The date that the facility owner or operator submitted the notice of intent and supporting documents.

4. At the same time that the public notice is issued under this section, the draft standardized permit (including both the uniform portion and the supplemental portion, if any), the notice of intent and supporting documents, and the fact sheet must be placed in a location accessible to the public in the vicinity of the facility or at the department's office.

N.D. Admin Code 33-24-07-47

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