N.D. Admin. Code 33.1-24-06-20

Current through Supplement No. 394, October, 2024

Section 33.1-24-06-20 - Research, development, and demonstration permits

1. The department may issue a research, development, and demonstration permit for any hazardous waste treatment facility which proposes to utilize an innovative and experimental hazardous waste treatment technology or process for which permit standards for such experimental activity have not been promulgated under sections 33.1-24-05-01 through 33.1-24-05-249, 33.1-24-05-300 through 33.1-24-05-559, and 33.1-24-05-800 through 33.1-24-05-929. Any such permit must include such terms and conditions as will assure protection of human health and the environment. Such permits:

a. Must provide for the construction of such facilities as necessary, and for operation of a facility for not longer than one year unless renewed as provided in subsection 4;

b. Must provide for the receipt and treatment by the facility of only those types and quantities of hazardous waste which the department deems necessary for purposes of determining the efficacy and performance capabilities of the technology or process and the effects of such technology on human health and the environment; and

c. Must include such requirements as the department deems necessary to protect human health and the environment, including requirements regarding monitoring, operation, financial responsibility, closure, and remedial action, and such requirements as the department deems necessary regarding testing and providing of information to the department with respect to the operation of the facility.

2. For the purpose of expediting review and issuance of permits under this section, the department may, consistent with the protection of human health and the environment, modify or waive permit application and permit issuance requirements in 33.1-24-06 and 33.1-24-07 except that there may be no modification or waiver of regulations regarding financial responsibility, including insurance or of procedures regarding public participation.

3. The department may order an immediate termination of all operations at the facility at any time the department determines that termination is necessary to protect human health and the environment.

4. Any permit issued under this section may be renewed not more than three times. Each such renewal is for a period of not more than one year.

N.D. Admin Code 33.1-24-06-20

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

General Authority: NDCC 23.1-04-03; S.L. 2017, ch. 199, § 1

Law Implemented: NDCC 23.1-04-03, 23.1-04-05, 23.1-04-08; S.L. 2017, ch. 199, § 19