N.D. Admin. Code 33.1-20-02.1-02

Current through Supplement No. 395, January, 2025

Section 33.1-20-02.1-02 - Permits by rule

The owner or operator of the following facilities is deemed to have obtained a permit for a solid waste management facility without making application for it as long as the owner or operator remains in compliance with section 33.1-20-04.1-01 and the rules and requirements provided in the respective subsections of this section:

1. A facility for inert waste operated for municipalities which together have one thousand or fewer people provided:

a. The owner or operator of a new facility or lateral expansion of a landfill notifies the department, on forms available from the department, ninety days prior to any construction;

b. The facility is in compliance with sections 33.1-20-02.1-05, 33.1-20-04.1-02, and 33.1-20-04.1-09 and with chapter 33.1-20-05.1.

2. A drop box facility in compliance with subsection 2 of section 33.1-20-04.1-06.

3. A waste pile for composting only grass and leaves that is operated for ten thousand or fewer people in compliance with section 33.1-20-04.1-07 provided the owner or operator notifies the department, on forms available from the department, ninety days prior to construction.

4. A pile of scrap tires accumulated by a tire dealer, a municipality, or a county which contains either one thousand three hundred or fewer car tires, twenty-five tons [22.7 metric tons] or less of shredded tires or a pile of tires, which is equivalent in volume to one twin-axle semitrailer load or less, provided that no public nuisance is created and the following requirements are addressed:

a. Access to the facility is monitored or controlled;

b. The location is accessible by fire control and emergency equipment; and

c. The owner or operator has appropriate provisions and financial arrangements for the recycling or disposal of tires.

N.D. Admin Code 33.1-20-02.1-02

Adopted by Administrative Rules Supplement 370, October 2018, effective 1/1/2019.

Amended by Administrative Rules Supplement 2020-377, July 2020, effective 7/1/2020.

General Authority: NDCC 23.1-08-03; S.L. 2017, ch. 199, § 1

Law Implemented: NDCC 23.1-08-03, 23.1-08-09; S.L. 2017, ch. 199, § 23