Section 43-02-03-51.1 - [Effective 4/1/2024] Treating plant permit requirements1. The treating plant permit application must be submitted on form 1tp and shall include at least the following information:a. The name and address of the operator.b. An accurate plat certified by a registered surveyor showing the location of the proposed treating plant and the center of the site with reference to true north and the nearest lines of a governmental section. The plat shall also include the latitude and longitude of the center of the proposed treating plant location to the nearest tenth of a second, and the ground elevation. The plat shall also depict the outside perimeter of the treating plant and verification that the site is at least five hundred feet [152.4 meters] from an occupied dwelling.c. A schematic drawing of the proposed treating plant site, drawn to scale, detailing all facilities and equipment, including the size, location, and purpose of all tanks, the height and location of all dikes, the location of all flow lines, and the location of the topsoil stockpile. It shall also include the proposed road access to the nearest existing public road and the authority to build such access.d. Cut and fill diagrams.e. An affidavit of mailing identifying each owner of any permanently occupied dwelling within one-quarter mile of the proposed treating plant and certifying that such owner has been notified of the proposed treating plant.f. Appropriate geological data on the surface geology and its suitability for fluid containment.g. Schematic drawings of the proposed diking and containment, including calculated containment volume and all areas underlain by a synthetic liner.h. Monitoring plans and leak detection for all buried or partially buried structures and any concrete structure upon which waste or product is in direct contact.i. The capacity and operational capacity of the treating plant.j. A narrative description of the process and how the waste and recovered product streams travel through the treating plant.k. A review of the surficial aquifers within one mile of the proposed treating plant site or surface facilities.l. Any other information required by the director to evaluate the proposed treating plant or site.2. Permits may contain such terms and conditions as the director deems necessary.3. Any permit issued under this section may be revoked by the commission after notice and hearing if the permittee fails to comply with the terms and conditions of the permit, any directive of the director, or any applicable rule or statute. Any permit issued under this section may be suspended by the director for good cause.4. Permits are transferable only with approval of the director.5. Permits may be modified by the director.6. A permit must automatically expire one year after the date it was issued, unless dirtwork operations have commenced to construct the site. The director may extend a treating plant permit for up to one year upon request.7. If the treating plant is abandoned and reclaimed, the permit must expire and be of no further force and effect.N.D. Admin Code 43-02-03-51.1
Amended by Administrative Rules Supplement 2014-352, April 2014, effective April 1, 2014. .Amended by Administrative Rules Supplement 2016-362, October 2016, effective 10/1/2016.Amended by Administrative Rules Supplement 376, April 2020, effective 4/1/2020.Amended by Administrative Rules Supplement 2024-392, April 2024, effective 4/1/2024.General Authority: NDCC 38-08-04
Law Implemented: NDCC 38-08-04