N.D. Admin. Code 33.1-25-01-08

Current through Supplement No. 393, July, 2024

Section 33.1-25-01-08 - Draft permits and fact sheets

1.Draft permits.

a. When the application is complete, the director shall tentatively decide to either prepare a draft permit or deny the application.

b. If the director decides to prepare the draft permit, it shall contain the following information:

(1) All required permit conditions;

(2) All compliance schedule requirements;

(3) All monitoring requirements; and

(4) All specific requirements for construction, corrective action, operation, hazardous waste management, reporting, plugging and abandonment, financial responsibility, mechanical integrity, and any other conditions the director may impose.

2.Fact sheets.

a. A fact sheet shall be prepared for:

(1) Every draft permit for a major facility or activity.

(2) Every draft permit which the director finds is the subject of widespread public interest or raises major issues.

b. If a fact sheet is required, it:

(1) Shall be sent to the applicant;

(2) In addition to the general public notice described in title 40 CFR part 124, section 124.10(d)(1), all persons identified in paragraphs (c)(1)(ii), (iii), and (iv) of title 40 CFR part 124, section 124.10(c) shall be mailed a copy of the fact sheet, the permit application (if any), and the draft permit (if any); and

(3) Shall include:

(a) A brief description of the type of facility or activity.

(b) The type and quantity of wastes, fluids, or pollutants which are proposed to be or are being injected.

(c) A brief summary of the basis for the draft permit conditions.

(d) The reasons why any requested variances or alternatives to required standards do or do not appear justified.

(e) A description of the procedures for reaching a final decision, including:

[1] Beginning and ending dates of comment period;

[2] Address where comments will be received;

[3] Procedures for requesting a hearing and the nature of the hearing; and

[4] Any other procedures by which the public may participate.

(f) The name and telephone number of a person to contact for additional information.

N.D. Admin Code 33.1-25-01-08

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

General Authority: NDCC 61-28-04; S.L. 2017, ch. 199, § 1

Law Implemented: NDCC 61-28-04