# Title 33.1 — Department of Environmental Quality

## Article 33.1-24 — Hazardous Waste Management

## Chapter 33.1-24-07 — Permitting Procedures

Period

### § 33.1-24-07-01. Purpose and scope.

This chapter contains procedures for issuing, modifying, revoking and reissuing, or terminating all
permits, other than "emergency permits" (see section 33.1-24-06-19) and "permits by rule" (see section
33.1-24-06-18). The latter kinds of permits are governed by chapter 33.1-24-06. Operating status prior
to final administrative approval of the permit application is not a "permit" and is covered by specific
provisions in chapter 33.1-24-06. The procedures of this chapter also apply to denial of a permit for the
active life of a hazardous waste management facility or unit under subsection 2 of section
33.1-24-06-13.
History: Effective January 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
### § 33.1-24-07-02. Application for a permit.

1. General requirements.
a. Any person who requires a hazardous waste permit shall complete, sign, and submit to
the department an application in accordance with chapter 33.1-24-06.
b. The department shall not begin the processing of a permit until the applicant has fully
complied with the application requirements for that permit. (See section 33.1-24-06-01.)
c. Permit applications must comply with the signature and certification requirements of
section 33.1-24-06-03.
2. The department shall review for completeness every application for a hazardous waste permit.
Each application for a permit submitted by a new hazardous waste management facility
should be reviewed for completeness by the department within thirty days of its receipt. Each
application for a permit submitted by an existing hazardous waste management facility (both
parts A and B of the application) should be reviewed for completeness within sixty days of
receipt. Upon completing the review, the department shall notify the applicant in writing
whether the application is complete. If the application is incomplete, the department shall list
the information necessary to make the application complete. When the application is for an
existing hazardous waste management facility, the department shall specify in the notice of
deficiency a date for submitting the necessary information. The department shall notify the
applicant that the application is complete upon receiving this information. After the application
is completed, the department may request additional information from an applicant, but only
when necessary to clarify, modify, or supplement previously submitted material. Requests for
such additional information will not render an application incomplete.
3. If an applicant fails or refuses to correct deficiencies in the application, the permit may be
denied and appropriate enforcement actions may be taken under the applicable statutory
provisions.
4. If the department decides that a site visit is necessary for any reason in conjunction with the
processing of an application, the department shall notify the applicant and a date shall be
scheduled.

5. The effective date of an application is the date on which the department notifies the applicant
that the application is complete as provided in subsection 2.
6. For each application from a major new hazardous waste management facility, the department
shall, no later than the effective date of the application, prepare and mail to the applicant a
project decision schedule. The schedule must specify target dates by which the department
intends to:
a. Prepare a draft permit;
b. Give public notice;
c. Complete the public comment period, including any public hearings; and
d. Issue a final permit.
History: Effective January 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
### § 33.1-24-07-03. Modification, revocation and reissuance, or termination of permits.

1. Permits may be modified, revoked and reissued, or terminated either at the request of any
interested person (including the permittee) or upon the department's initiative. However,
permits may only be modified, revoked and reissued, or terminated by the department for the
reasons specified in section 33.1-24-06-12 or 33.1-24-06-13. All requests shall be in writing
and shall contain facts or reasons supporting the request.
2. If the department decides the request is not justified, the department shall send the requester
a brief written response giving a reason for the decision. Denials of requests for modification,
revocation and reissuance, or termination are not subject to public notice, comments, or
hearings. Denials by the department may be informally appealed to the department by letter
briefly setting forth the relevant facts. The department may then begin modification, revocation
and reissuance, or termination proceedings under subsection 3. The appeal shall be
considered denied if the department takes no action on the letter within sixty days after
receiving it.
3. Requirements to modify or revoke.
a. If the department tentatively decides to modify or revoke and reissue a permit under
section 33.1-24-06-12 (other than subdivision c of subsection 2 of section 33.1-24-06-12)
or subsection 3 of section 33.1-24-06-14, the department shall prepare a draft permit
under section 33.1-24-07-04 incorporating the proposed changes. The department may
request additional information and, in the case of a modified permit, may require the
submission of an updated permit application. In the case of revoked and reissued
permits, other than under subdivision c of subsection 2 of section 33.1-24-06-12, the
department shall require the submission of a new application. In the case of revoked and
reissued permits under subdivision c of subsection 2 of section 33.1-24-06-12, the
department and the permittee shall comply with the appropriate requirements in sections
b. In a permit modification under this section, only those conditions to be modified shall be
reopened when a new draft permit is prepared. All other aspects of the existing permit
shall remain in effect for the duration of the unmodified permit. When a permit is revoked
and reissued under this section, the entire permit is reopened just as if the permit had
expired and was being reissued. During any revocation and reissuance proceeding, the

permittee shall comply with all conditions of the existing permit until a new final permit is
reissued.
c. "Class 1 and 2 modifications" as defined in section 33.1-24-06-14 are not subject to the
requirements of this section.
4. If the department tentatively decides to terminate a permit under section 33.1-24-06-13, the
department shall issue a notice of intent to terminate. A notice of intent to terminate is a type
of draft permit which follows the same procedures as any draft permit prepared under section
33.1-24-07-04.
History: Effective January 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
### § 33.1-24-07-04. Draft permits.

1. Once an application is complete, the department shall tentatively decide whether to prepare a
draft permit or to deny the application.
2. If the department tentatively decides to deny the permit application, the department shall issue
a notice of intent to deny. A notice of intent to deny the permit application is a type of draft
permit which follows the same procedures as any draft permit prepared under this section.
(See subsection 4.) If the department's final decision is that the tentative decision to deny the
permit application was incorrect, the department shall withdraw the notice of intent to deny
and proceed to prepare a draft permit under subsection 3.
3. If the department decides to prepare a draft permit, the department shall prepare a draft
permit that contains the following information:
a. All conditions under sections 33.1-24-06-04 and 33.1-24-06-05.
b. All compliance schedules under section 33.1-24-06-07.
c. All monitoring requirements under section 33.1-24-06-08.
d. Standards for treatment, storage, and disposal and other permit conditions under section
33.1-24-06-04.
4. All draft permits prepared under this section shall be accompanied by a fact sheet (section
33.1-24-07-05), publicly noticed (section 33.1-24-07-06), and shall be made available for
public comment (section 33.1-24-07-07). The department shall give notice of opportunity for a
public hearing (section 33.1-24-07-08), issue a final decision (section 33.1-24-07-11) and
respond to comments (section 33.1-24-07-13). An appeal may be taken under section
33.1-24-07-14.
History: Effective January 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
### § 33.1-24-07-05. Fact sheet.

1. A fact sheet must be prepared for every draft permit for a major hazardous waste
management facility or activity, and for every draft permit which the department finds is the
subject of widespread public interest or raises major issues. The fact sheet must briefly set
forth the principle facts and the significant factual, legal, methodological, and policy questions

considered in preparing the draft permit. The department shall send this fact sheet to the
applicant and, on request, to any other person.
2. The fact sheet must include, when applicable:
a. A brief description of the type of facility or activity which is the subject of the draft permit;
b. The type and quantity of wastes, fluids, or pollutants which are proposed to be, or are
being treated, stored, disposed of, injected, emitted, or discharged;
c. A brief summary of the basis for the draft permit conditions, including references to
applicable statutory or regulatory provisions;
d. 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 on the draft permit, including:
(1) The beginning and ending dates of the comment period under section
(2) Procedures for requesting a hearing and the nature of that hearing;
(3) Any other procedures by which the public may participate in the final decision; and
f. Name and telephone number of a person to contact for additional information.
History: Effective January 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
### § 33.1-24-07-06. Public notice of permit actions and public comment period.

1. Scope.
a. The department shall give public notice that the following actions have occurred:
(1) A permit application has been tentatively denied under subsection 2 of section
33.1-24-07-04.
(2) A draft permit has been prepared under subsection 3 of section 33.1-24-07-04.
(3) A hearing has been scheduled under section 33.1-24-07-08.
(4) An appeal has been granted under subsection 3 of section 33.1-24-07-14.
b. No public notice is required when a request for permit modification, revocation and
reissuance, or termination is denied under subsection 2 of section 33.1-24-07-03. Written
notice of that denial must be given to the requester and to the permittee.
c. Public notices may describe more than one permit or permit action.
2. Timing.
a. Public notice of the preparation of a draft permit (including a notice of intent to deny a
permit application) required under subsection 1 must allow at least forty-five days for
public comment.

b. Public notice of a public hearing must be given at least thirty days before the hearing.
(Public notice of the hearing may be given at the same time as public notice of the draft
permit and the two notices may be combined.)
3. Methods. Public notice of activities described in subdivision a of subsection 1 must be given
by the following methods:
a. By mailing a copy of a notice to the following persons (any person otherwise entitled to
receive notice under this subsection may waive that person's rights to receive notice for
any classes and categories of permits):
(1) The applicant.
(2) Any other agency which the department knows has issued or is required to issue
permits for the same facility or activity, including the environmental protection
agency.
(3) Federal and state agencies with jurisdiction over fish, shellfish, and wildlife
resources, the advisory council on historic preservation, state historic preservation
officers, and other appropriate government authorities, including other affected
states.
(4) Persons on a mailing list developed by:
(a) Including those who request in writing to be on the list;
(b) Soliciting persons for "area lists" from participants in past permit proceedings in
that area; and
(c) Notifying the public of the opportunity to be put on the mailing list through
periodic publication in the public press and in such publications as regional and
state-funded newsletters, environmental bulletins, or state law journals. (The
department may update the mailing list from time to time by requesting written
indication of continued interest from those listed. The department may delete
from the list the name of any person who fails to respond to such a request.)
(5) To any unit of local government having jurisdiction over the area where the facility is
proposed to be located.
(6) To each state agency having any authority under state law with respect to
construction or operation of such facility.
b. This notice must comply with subsection 6 of North Dakota Century Code section
law.
c. Any other method reasonably calculated to give actual notice of the action in question to
the persons potentially affected by it, including press releases or any other form or
medium to elicit public participation.
4. Contents.
a. All public notices. All public notices issued under this chapter must contain the following
minimum information:
(1) Name and address of the office processing the permit action for which notice is
being given.

(2) Name and address of the permittee or permit applicant and, if different, of the facility
or activity regulated by the permit.
(3) A brief description of the business conducted at the facility or activity described in
the permit application or the draft permit.
(4) Name, address, and telephone number of a person from whom interested persons
may obtain further information, including copies of the draft permit, fact sheet, and
the application.
(5) A brief description of the comment procedures required by sections 33.1-24-07-07
and 33.1-24-07-08 and the time and place of any hearing that will be held, including
a statement of procedures to request a hearing (unless a hearing has already been
scheduled) and other procedures by which the public may participate in the final
permit decision.
(6) Any additional information considered necessary or proper.
b. Public notices for hearings. In addition to the general public notice described in
subdivision a, the public notice of a hearing under section 33.1-24-07-08 must contain
the following information:
(1) Reference to the date of previous public notices relating to the permit.
(2) Date, time, and place of the hearing.
(3) A brief description of the nature and purpose of the hearing, including the applicable
rules and procedures.
5. Distribution of copies. In addition to the general public notice described in subdivision a of
subsection 4, all persons identified in paragraphs 1, 2, and 3 of subdivision a of subsection 3
must be mailed a copy of the fact sheet, the permit application (if any), and the draft permit (if
any).
History: Effective January 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
### § 33.1-24-07-07. Public comments and requests for public hearings.

During the public comment period provided under section 33.1-24-07-06, any interested person
may submit written comments on the draft permit and may request a public hearing, if no hearing has
already been scheduled.
A request for a public hearing must be in writing and must state the nature of the issues proposed
to be raised in the hearing. All comments must be considered in making the final decision and must be
answered as provided in section 33.1-24-07-13.
History: Effective January 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
### § 33.1-24-07-08. Public hearings.

1. The department shall hold a public hearing:
a. Whenever the department finds, on the basis of requests, a significant degree of public
interest in a draft permit;

b. At the department's discretion, whenever for instance, such a hearing might clarify one or
more issues involved in the permit decision; or
c. Whenever the department receives written notice of opposition to a draft permit and a
request for a hearing within forty-five days of public notice under subdivision a of
subsection 2 of section 33.1-24-07-06.
2. Whenever possible, the department shall schedule a hearing under this section at a location
convenient to the nearest population center to the proposed facility.
3. Public notice of the hearing shall be given as specified in section 33.1-24-07-06.
4. Whenever a public hearing will be held, the department shall designate a presiding officer for
the hearing who shall be responsible for its scheduling and orderly conduct.
5. Any person may submit oral or written statements and data concerning a draft permit.
Reasonable limits may be set upon the time allowed for oral statements and the submission of
statements in writing may be required. The public comment period under section
section. The hearing officer may also extend the comment period by so stating at the hearing.
6. A tape recording or written transcript of the hearing must be made available to the public.
History: Effective January 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
### § 33.1-24-07-09. Obligation to raise issues and provide information during the public comment

period.
All persons, including applicants, who believe any condition of a draft permit is inappropriate or that
the department's tentative decision to deny an application, terminate a permit, or prepare a draft permit
is inappropriate, shall raise all reasonably ascertainable issues and submit all reasonably available
arguments and factual grounds supporting their position, including all supporting material, by the close
of the public comment period (including any public hearing) under section 33.1-24-07-06. All supporting
materials must be included in full and may not be incorporated by reference, unless they consist of
state or federal statutes or regulations, or other generally available reference materials. Commenters
shall make supporting material available to the department. (A comment period longer than thirty days
will often be necessary in complicated proceedings to give commenters a reasonable opportunity to
comply with the requirements of this section. Commenters may request longer comment periods and
they should be freely established under section 33.1-24-07-06 to the extent that they appear
necessary.)
History: Effective January 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
### § 33.1-24-07-10. Reopening of the public comment period.

1. If any data, information, or arguments submitted during the public comment period, including
information or arguments required under section 33.1-24-07-09, appear to raise substantial
new questions concerning a permit, the department may take one or more of the following
actions:
a. Prepare a new draft permit, appropriately modified, under section 33.1-24-07-04.

b. Prepare a revised fact sheet under section 33.1-24-07-05 and reopen the comment
period under section 33.1-24-07-10.
c. Reopen or extend the comment period under section 33.1-24-07-06 to give interested
persons an opportunity to comment on the information or arguments submitted.
2. Comments filed during the reopened comment period must be limited to the substantial new
questions that caused its reopening. The public notice under section 33.1-24-07-06 defines
the scope of the reopening.
3. Public notice of any of the above actions must be issued under section 33.1-24-07-06.
History: Effective January 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
### § 33.1-24-07-11. Issuance and effective date of permit.

1. After the close of the public comment period under section 33.1-24-07-06 on a draft permit,
the department shall issue a final permit decision (or a decision to deny a permit for the active
life of a hazardous waste management facility or unit under subsection 2 of section
33.1-24-06-13). The department shall notify the applicant and each person who has submitted
written comments or requested notice of the final permit decision. This notice must include
reference to the procedures for appealing a decision on a permit or a decision to terminate a
permit. For the purposes of this section, a final permit decision means a final decision to issue,
deny, modify, revoke and reissue, or terminate a permit.
2. A final permit decision (or a decision to deny a permit for the active life of a hazardous waste
management facility or unit under subsection 2 of section 33.1-24-06-13) shall become
effective thirty days after the service of notice of the decision under subsection 1, unless:
a. A later effective date is specified in the decision;
b. Review is requested under section 33.1-24-07-14; or
c. No comments required a change in the draft permit, in which case the permit shall
become effective immediately upon issuance.
History: Effective January 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
### § 33.1-24-07-12. Stays of contested permit conditions.

1. Stays.
a. If a request for review of a permit under section 33.1-24-07-14 is granted, the effect of
the contested permit conditions is stayed and is not subject to judicial review pending
final department action. If the permit involves a new facility, the applicant is without a
permit for the proposed new facility pending final agency action.
b. Uncontested conditions which are not severable from those contested must be stayed
together with the contested conditions. Stayed provisions of permits for existing facilities
must be identified by the department. All other provisions of the permit for the existing
facility remain fully effective and enforceable.
2. Stays based on cross effects. A stay may be granted based on the grounds that an appeal to
the department under section 33.1-24-07-14 of one permit may result in changes to another

permit only when each of the permits involved has been appealed to the department and the
department has accepted each appeal.
3. Any facility or activity holding an existing permit shall:
a. Comply with the conditions of that permit during any modification or revocation and
reissuance proceedings under section 33.1-24-07-03; and
b. To the extent conditions of any new permit are stayed under this section, comply with the
conditions of the existing permit which corresponds to the stayed conditions, unless
compliance with the existing conditions would be technologically incompatible with
compliance with other conditions of the new permit which have not been stayed.
History: Effective January 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
### § 33.1-24-07-13. Response to comments.

1. At the time that a final permit is issued under section 33.1-24-07-11, the department shall
issue a response to comments. This response must:
a. Specify which provisions, if any, of the draft permits have been changed in the final
permit decision, and the reasons for the change; and
b. Briefly describe and respond to all significant comments on the draft permit raised during
the public comment period or during any hearing.
2. The response to comments must be available to the public.
History: Effective January 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
### § 33.1-24-07-14. Appeal of permit.

1. Within thirty days after a final permit decision (or a decision under subsection 2 of section
unit) has been issued under section 33.1-24-07-11, any person who filed comments on that
draft permit or participated in the public hearing may petition the department to review any
condition of the permit decision. Any person who failed to file comments or failed to participate
in the public hearing on the draft permit may petition for administrative review only to the
extent of the changes from the draft to the final permit decision. The thirty-day period within
which a person may request review under this section begins with the service of notice of the
department's action unless a later date is specified in that notice. The petition must include a
statement of the reasons supporting that review, including a demonstration that any issues
being raised were raised during the public comment period (including any public hearing) to
the extent required by these rules and, when appropriate, a showing that the condition in
question is based on.
a. A finding of fact or conclusion of law which is clearly erroneous; or
b. An exercise of discretion or an important policy consideration which the department
should, in the department's discretion, review.

2. The department may also decide on the department's initiative to review any condition of any
permit issued under this article. The department must act under this section within thirty days
of the service date of notice of the department's action.
3. Within a reasonable time following the filing of the petition for review, the department shall
issue an order either granting or denying the petition for review. To the extent review is denied,
the conditions of the final permit decision become final department action. Public notice of any
grant of review by the department under subsection 1 or 2 must be given as provided in
section 33.1-24-07-06. Public notice must set forth a briefing schedule for the appeal and
must state that any interested person may file an amicus brief. A notice of denial of review
may be sent only to the person requesting review.
4. Final department action occurs when a final permit is issued or denied by the department and
the department review procedures are exhausted. A final permit decision must be issued by
the department:
a. When the department issues notice to the parties that review has been denied.
b. When the department issues a decision on the merits of the appeal and the decision
does not include a remand of the proceedings; or upon the completion of remand
proceedings if the proceedings are remanded, unless the department remand order
specifically provides that appeal of the remand decision will be required to exhaust
administrative remedies.
History: Effective January 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
### § 33.1-24-07-15. [Reserved].

### § 33.1-24-07-16. [Reserved].

### § 33.1-24-07-17. [Reserved].

### § 33.1-24-07-18. [Reserved].

### § 33.1-24-07-19. [Reserved].

### § 33.1-24-07-20. [Reserved].

### § 33.1-24-07-21. [Reserved].

### § 33.1-24-07-22. [Reserved].

### § 33.1-24-07-23. [Reserved].

### § 33.1-24-07-24. [Reserved].


### § 33.1-24-07-25. Preapplication public meeting and notice.

1. Applicability. The requirements of this section apply to all hazardous waste part B applications
seeking initial permits for hazardous waste management units. The requirements of this
section also apply to hazardous waste part B applications seeking renewal of permits for such
units, where the renewal application is proposing a significant change in facility operations.
For the purposes of this section, a "significant change" is any change that would qualify as a
class 3 permit modification under section 33.1-24-06-14. The requirements of this section also
apply to hazardous waste management facilities for which facility owners or operators are
seeking coverage under a hazardous waste standardized permit (see sections 33.1-24-06-45
through 33.1-24-06-85), including renewal of a standardized permit for such units, where the
renewal is proposing a significant change in facility operations, as defined at subsection 3 of
section 33.1-24-07-51. The requirements of this section do not apply to permit modifications
under section 33.1-24-06-14 or to applications that are submitted for the sole purpose of
conducting postclosure activities or postclosure activities and corrective action at a facility.
2. Prior to the submission of a part B hazardous waste permit application for a facility, or to the
submission of a written notice of intent to be covered by a hazardous waste standardized
permit (see sections 33.1-24-06-45 through 33.1-24-06-85), the applicant must hold at least
one meeting with the public in order to solicit questions from the community and inform the
community of proposed hazardous waste management activities. The applicant shall post a
sign-in sheet or otherwise provide a voluntary opportunity for attendees to provide their names
and addresses.
3. The applicant shall submit a summary of the meeting, along with the list of attendees and their
addresses developed under subsection 2, and copies of any written comments or materials
submitted at the meeting, to the department as a part of the part B application, in accordance
with subsection 2 of section 33.1-24-06-17, or with the written notice of intent to be covered by
a hazardous waste standardized permit (see sections 33.1-24-06-45 through 33.1-24-06-85).
4. The applicant shall provide public notice of the preapplication meeting at least thirty days prior
to the meeting. The applicant shall maintain, and provide to the department upon request,
documentation of the notice.
a. The applicant shall provide public notice in all of the following forms:
(1) A newspaper advertisement. The applicant shall publish a notice, fulfilling the
requirements in subdivision b, in a newspaper of general circulation in the county or
equivalent jurisdiction that hosts the proposed location of the facility. In addition, the
department shall instruct the applicant to publish the notice in newspapers of
general circulation in adjacent counties or equivalent jurisdictions, where the
department determines that such publication is necessary to inform the affected
public. The notice must be published as a display advertisement.
(2) A visible and accessible sign. The applicant shall post a notice on a clearly marked
sign at or near the facility, fulfilling the requirements in subdivision b. If the applicant
places the sign on the facility property, then the sign must be large enough to be
readable from the nearest point where the public would pass by the site.
(3) A broadcast media announcement. The applicant shall broadcast a notice, fulfilling
the requirements in subdivision b, at least once on at least one local radio station or
television station. The applicant may employ another medium with prior approval of
the department.

(4) A notice to the department. The applicant shall send a copy of the newspaper notice
to the department and to the appropriate units of state and local government, in
accordance with subdivision b of subsection 3 of section 33.1-24-07-06.
b. The notices required under subdivision a must include:
(1) The date, time, and location of the meeting;
(2) A brief description of the purpose of the meeting;
(3) 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;
(4) A statement encouraging people to contact the facility at least seventy-two hours
before the meeting if they need special access to participate in the meeting; and
(5) The name, address, and telephone number of a contact person for the applicant.
History: Effective January 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
### § 33.1-24-07-26. Public notice requirements at the application stage.

1. Applicability. The requirements of this section apply to all hazardous waste part B applications
seeking initial permits for hazardous waste management units. The requirements of this
section also apply to hazardous waste part B applications seeking renewal of permits for such
units under section 33.1-24-06-02. The requirements of this section do not apply to hazardous
waste units for which facility owners or operators are seeking coverage under a hazardous
waste standardized permit (see sections 33.1-24-06-45 through 33.1-24-06-85). The
requirements of this section also do not apply to permit modifications under section
activities or postclosure activities and corrective action at a facility.
2. Notification at application submittal.
a. The department shall provide public notice as set forth in paragraph 4 of subdivision a of
subsection 3 of section 33.1-24-07-06, and notice to appropriate units of state and local
government as set forth in subdivision b of subsection 3 of section 33.1-24-07-06, that a
part B permit application has been submitted to the department and is available for
review.
b. The notice must be published within a reasonable period of time after the application is
received by the department. The notice must include:
(1) The name and telephone number of the applicant's contact person;
(2) The name and telephone number of the department's contact office, and a mailing
address to which information, opinions, and inquiries may be directed throughout
the permit review process;
(3) An address to which people can write in order to be put on the facility mailing list;
(4) The location where copies of the permit application and any supporting documents
can be viewed and copied;

(5) 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; and
(6) The date that the application was submitted.
3. Concurrent with the notice required under subsection 2, the department must place the permit
application and any supporting documents in a location accessible to the public in the vicinity
of the facility or at the department's office.
History: Effective January 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
### § 33.1-24-07-27. Information repository.

1. Applicability. The requirements of this section apply to all applications seeking hazardous
waste permits for hazardous waste management units.
2. The department may assess the need, on a case-by-case basis, for an information repository.
When assessing the need for an information repository, the department shall consider a
variety of factors, including the level of public interest; the type of facility; the presence of an
existing repository; and the proximity to the nearest copy of the administrative record. If the
department determines, at any time after submittal of a permit application, that there is a need
for a repository, then the department shall notify the facility that it must establish and maintain
an information repository. (See subsection 13 of section 33.1-24-06-04 for similar provisions
relating to the information repository during the life of a permit.)
3. The information repository shall contain all documents, reports, data, and information deemed
necessary by the department to fulfill the purposes for which the repository is established. The
department may limit the contents of the repository.
4. The information repository must be located and maintained at a site chosen by the facility. If
the department finds the site unsuitable for the purposes and persons for which it was
established, due to problems with the location, hours of availability, access, or other relevant
considerations, then the department shall specify a more appropriate site.
5. The department shall specify requirements for informing the public about the information
repository. At a minimum, the department shall require the facility to provide a written notice
about the information repository to all individuals on the facility mailing list.
6. The facility owner or operator shall be responsible for maintaining and updating the repository
with appropriate information throughout a time period specified by the department. The
department may close the repository at its discretion, based on the factors in subsection 2.
History: Effective January 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
### § 33.1-24-07-28. [Reserved].

### § 33.1-24-07-29. [Reserved].

### § 33.1-24-07-30. [Reserved].


### § 33.1-24-07-31. [Reserved].

### § 33.1-24-07-32. [Reserved].

### § 33.1-24-07-33. [Reserved].

### § 33.1-24-07-34. [Reserved].

### § 33.1-24-07-35. [Reserved].

### § 33.1-24-07-36. [Reserved].

### § 33.1-24-07-37. [Reserved].

### § 33.1-24-07-38. [Reserved].

### § 33.1-24-07-39. [Reserved].

### § 33.1-24-07-40. Standardized permit.

The standardized permit is a special form of hazardous waste permit which may consist of two
parts: A uniform portion that the department issues in all cases, and a supplemental portion that the
department issues at the department's discretion. Standardized permit is defined in section
33.1-24-01-04.
1. The uniform portion of a standardized permit consists of terms and conditions, relevant to the
unit or units operating at the facility, contained in sections 33.1-24-05-950 through
### § 33.1-24-05-1149. If the owner or operator intends to operate under the standardized permit,

the owner or operator shall comply with these applicable terms and conditions.
2. The supplemental portion of a standardized permit consists of site specific terms and
conditions, beyond those of the uniform portion, which the department may impose on the
facility, as necessary to protect human health and the environment. If the department issues a
supplemental portion, the owner or operator shall comply with the site specific terms and
conditions the department imposes.
a. When required under section 33.1-24-05-1031, provisions to implement corrective action
will be included in the supplemental portion.
b. Unless otherwise specified, these supplemental permit terms and conditions apply to the
facility in addition to the terms and conditions of the uniform portion of the standardized
permit and not in place of any of those terms and conditions.
History: Effective January 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
### § 33.1-24-07-41. Eligibility for a standardized permit.

1. The owner or operator may be eligible for a standardized permit if the facility:

a. Generates hazardous waste and then stores or nonthermally treats the hazardous waste
onsite in containers, tanks, or containment buildings; or
b. Receives hazardous waste generated offsite by a generator under the same ownership
as the receiving facility, and then stores or nonthermally treats the hazardous waste in
containers, tanks, or containment buildings.
c. The department will inform the owner or operator of eligibility when a decision is made on
the facility permit.
2. [Reserved].
History: Effective January 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
### § 33.1-24-07-42. Applying for a standardized permit.

1. The owner or operator shall follow the requirements in sections 33.1-24-07-40 through
33.1-24-07-54, section 33.1-24-07-25, section 33.1-24-06-01, and sections 33.1-24-06-45
through 33.1-24-06-85.
2. The owner or operator shall submit to the department a written notice of intent to operate
under the standardized permit and shall include the information and certifications required
under sections 33.1-24-06-45 through 33.1-24-06-85.
History: Effective January 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
### § 33.1-24-07-43. Switching from a hazardous waste permit to a standardized permit.

If all units in the hazardous waste permit are eligible for the standardized permit, the permittee may
request the individual permit be revoked and reissued as a standardized permit, in accordance with
section 33.1-24-07-03. If only some of the units in the hazardous waste permit are eligible for the
standardized permit, the permittee may request the individual permit be modified to no longer include
those units and issue a standardized permit for those units in accordance with section 33.1-24-07-44.
History: Effective January 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
### § 33.1-24-07-44. Draft standardized permit.

1. The department shall:
a. Review the notice of intent and supporting information submitted by the facility owner or
operator.
b. Determine whether the facility is or is not eligible to operate under the standardized
permit.
(1) If the facility is eligible for the standardized permit, the department shall propose
terms and conditions, if any, to include in a supplemental portion. If the department
determines these terms and conditions are necessary to protect human health and
the environment and cannot be imposed, the department tentatively shall deny
coverage under the standardized permit.

(2) If the facility is not eligible for the standardized permit, the department tentatively
shall deny coverage under the standardized permit. Cause for ineligibility may
include the following:
(a) Failure of the facility owner or operator to submit all the information required
under section 33.1-24-06-57.
(b) Information submitted that is required under section 33.1-24-06-57 is
determined to be inadequate.
(c) Facility does not meet the eligibility requirements (activities are outside the
scope of the standardized permit).
(d) Demonstrated history of significant noncompliance with applicable
requirements.
(e) Permit conditions cannot ensure protection of human health and the
environment.
c. Prepare a draft permit decision within one hundred twenty days after receiving the notice
of intent and supporting documents from a facility owner or operator. A tentative
determination under this section to deny or grant coverage under the standardized
permit, including any proposed site specific conditions in a supplemental portion,
constitutes a draft permit decision. A one-time extension of thirty-days to prepare the
draft permit decision is allowed. When the use of the thirty-day extension is anticipated,
the department should inform the permit applicant during the initial one-hundred-
twenty-day review period. Reasons for an extension may include needing to complete
review of submissions with the notice of intent (for example, closure plans, waste
analysis plans, for facilities seeking to manage hazardous waste generated offsite).
2. The draft permit decision must be accompanied by a fact sheet. In preparing the draft permit
decision, the following provisions apply:
a. Section 33.1-24-07-01.
b. Subsections 1 and 4 of section 33.1-24-07-02.
c. Section 33.1-24-07-05; however, in the context of the standardized permit, the reference
to the public comment period is section 33.1-24-07-48 instead of section 33.1-24-07-06.
d. Paragraphs 4 and 5 of subdivision a of subsection 3 of section 33.1-24-07-06, and
sections 33.1-24-07-47 through 33.1-24-07-49.
History: Effective January 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
### § 33.1-24-07-45. Final standardized permit.

The department shall consider all comments received during the public comment period in making
a final permit decision. In preparing a final permit decision, the following provisions apply:
1. Section 33.1-24-07-01.
2. Section 33.1-24-07-48.
3. Subsections 4, 5, and 6 of section 33.1-24-07-08.

4. Section 33.1-24-07-09; however, in the context of the standardized permit, the reference to
the public comment period is section 33.1-24-07-48 instead of section 33.1-24-07-06.
5. Section 33.1-24-07-10; however, in the context of the standardized permit, use the following
reference: in subdivision a of subsection 1 of section 33.1-24-07-10 use reference to section
subsection 2 of section 33.1-24-07-10 use reference to section 33.1-24-07-47 instead of
section 33.1-24-07-06.
6. Section 33.1-24-07-11; however, in the context of the standardized permit, the reference to the
public comment period is section 33.1-24-07-48 instead of section 33.1-24-07-06.
7. Section 33.1-24-07-12.
8. Section 33.1-24-07-49.
9. Section 33.1-24-07-14.
History: Effective January 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
### § 33.1-24-07-46. Situations requiring an application for an individual permit.

1. Cases where the department may determine a facility is not eligible for the standardized
permit include the following:
a. The facility does not meet the criteria in section 33.1-24-07-41.
b. The facility has a demonstrated history of significant noncompliance with rules,
regulations or permit conditions.
c. The facility has a demonstrated history of submitting incomplete or deficient permit
application information.
d. The facility has submitted incomplete or inadequate materials with the notice of intent.
2. If the department determines a facility is not eligible for the standardized permit, the
department shall inform the facility owner or operator that the facility owner or operator must
apply for an individual hazardous waste permit.
3. The department may require any facility that has a standardized permit to apply for and obtain
an individual hazardous waste permit. Any interested person may petition the department to
take action under this subsection. Cases where the department may require an individual
hazardous waste permit include the following:
a. The facility is not in compliance with the terms and conditions of the standardized permit.
b. Circumstances have changed since the time the facility owner or operator applied for the
standardized permit, so that the facility's hazardous waste management practices are no
longer appropriately controlled under the standardized permit.
4. The department may require any facility authorized by a standardized permit to apply for an
individual hazardous waste permit only if the department has notified the facility owner or
operator in writing that an individual permit application is required. The notice must include a
brief statement of the reasons for the department's decision, a statement setting a deadline for
the owner or operator to file the application, and a statement that, on the effective date of the

individual hazardous waste permit, the facility's standardized permit automatically terminates.
Additional time may be granted upon request from the facility owner or operator.
5. Issuance of an individual hazardous waste permit to an owner or operator otherwise subject to
a standardized permit, the standardized permit for the facility will automatically cease to apply
on the effective date of the individual permit.
History: Effective January 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
### § 33.1-24-07-47. 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 33.1-24-07-06; 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 6 of North Dakota Century Code section 23.1-04-08; 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.
History: Effective January 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
### § 33.1-24-07-48. Public comment and request for public hearings.

1. The public notice issued under section 33.1-24-07-47 must allow at least a forty-five day
public comment period for people to submit written comments on the draft permit decision.
The public comment period is automatically extended to the close of any public hearing under
this section. The hearing officer may also extend the comment period by so stating at the
hearing.
2. During the public comment period, any interested person may submit written comments on the
draft permit and may request a public hearing. A request for a public hearing must be in writing
and must state the nature of the issues proposed to be raised in the hearing.
3. The department shall hold a public hearing whenever it receives a written notice of opposition
to a standardized permit and a request for a hearing within the public comment period under
subsection 1. The department also may hold a public hearing at the department's discretion
whenever such a hearing might clarify one or more issues involved in the permit decision.
4. Whenever possible, the department shall schedule a hearing under this section at a location
convenient to the nearest population center to the facility. The department shall give public
notice of the hearing at least thirty days before the date set for the hearing.
5. The department shall give public notice of the hearing according to the methods in
subsections 1 and 2 of section 33.1-24-07-47. The hearing must be conducted according to
the procedures in subsections 4, 5, and 6 of section 33.1-24-07-08.
6. In their written comments and during the public hearing, if held, interested parties may provide
comments on the draft permit decision. These comments may include the facility's eligibility for
the standardized permit, the tentative supplemental conditions proposed, and the need for
additional supplemental conditions.
History: Effective January 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
### § 33.1-24-07-49. Response to comments.

1. At the time a final standardized permit is issued, the department shall respond to comments
received during the public comment period on the draft permit. This response must:
a. Specify which additional conditions (for example, those in the supplemental portion), if
any, have been changed in the final permit, and the reasons for the change.

b. Briefly describe and respond to all significant comments on the facility's ability to meet
the general requirements (for example, those terms and conditions in the uniform portion)
and on any additional conditions necessary to protect human health and the environment
raised during the public comment period or during the hearing.
c. Make the comments and responses accessible to the public.
2. The department may request additional information from the facility owner or operator or
inspect the facility if additional information is needed to adequately respond to significant
comments or to make decisions about conditions that may need to be added to the
supplemental portion of the standardized permit.
History: Effective January 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
### § 33.1-24-07-50. Appeal of permit.

Any person may petition for administrative review of the department's final permit decision,
including the decision that the facility is eligible for the standardized permit, according to the procedures
of section 33.1-24-07-14. However, the terms and conditions of the uniform portion of the standardized
permit are not subject to administrative review under this provision.
History: Effective January 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
### § 33.1-24-07-51. Permit changes at the request of the permittee.

The permittee may make both routine changes, routine changes with prior department approval,
and significant changes. For the purposes of this section:
1. ''Routine changes'' are any changes to the standardized permit that qualify as a class 1 permit
modification (without prior department approval) under section 33.1-24-06-14, appendix I;
2. ''Routine changes with prior department approval'' are for those changes to the standardized
permit that would qualify as a class 1 modification with prior department approval, or a class 2
permit modification under section 33.1-24-06-14, appendix I; and
3. ''Significant changes'' are any changes to the standardized permit which:
a. Qualify as a class 3 permit modification under section 33.1-24-06-14, appendix I;
b. Are not explicitly identified in section 33.1-24-06-14, appendix I; or
c. Amend any terms or conditions in the supplemental portion of the standardized permit.
History: Effective January 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
### § 33.1-24-07-52. Routine changes.

1. The permittee may make routine changes to the standardized permit without obtaining
approval from the department. However, the permittee first must determine whether the
routine change will amend the information submitted under section 33.1-24-06-57 with the
notice of intent to operate under the standardized permit.

2. If the routine changes will amend the information submitted under section 33.1-24-06-57 with
the notice of intent to operate under the standardized permit, then before making the routine
changes the permittee must:
a. Submit to the department the revised information pursuant to subdivision a of
subsection 1 of section 33.1-24-06-57; and
b. Provide notice of the changes to the facility mailing list and to state and local
governments in accordance with the procedures in paragraphs 4 through 6 of
subdivision a of subsection 3 of section 33.1-24-07-06.
History: Effective January 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
### § 33.1-24-07-53. Routine changes with prior approval.

1. Routine changes to the standardized permit with prior department approval may only be made
with the prior written approval of the department.
2. The permittee also must follow the procedures in subdivisions a and b of subsection 2 of
section 33.1-24-07-52.
History: Effective January 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
### § 33.1-24-07-54. Significant changes.

1. The permittee shall first provide notice of and conduct a public meeting.
a. Public meeting. The permittee shall hold a meeting with the public to solicit questions
from the community and inform the community of the permittee's proposed modifications
to the permittee's hazardous waste management activities. The permittee must post a
sign-in sheet or otherwise provide a voluntary opportunity for people attending the
meeting to provide their names and addresses.
b. Public notice. At least thirty days before planning to hold the meeting, the permittee shall
issue a public notice in accordance with the requirements of subsection 4 of section
33.1-24-07-25.
2. After holding the public meeting, the permittee shall submit a modification request to the
department that:
a. Describes the exact change or changes and whether they are changes to information
provided under section 33.1-24-06-57 or to terms and conditions in the supplemental
portion of the standardized permit;
b. Explain why the modification is needed; and
c. Includes a summary of the public meeting under subsection 1, along with the list of
attendees and their addresses and copies of any written comments or materials they
submitted at the meeting.
3. Once the department receives the modification request, the department shall make a tentative
determination within one hundred twenty days to approve or disapprove the request. The
department is allowed a one-time extension of thirty days to prepare the draft permit decision.

When the use of the thirty-day extension is anticipated, the department should inform the
permittee during the initial one hundred twenty-day review period.
4. After the department makes this tentative determination, the procedures in section
request for coverage under the standardized permit apply to making the final determination on
the modification request.
History: Effective January 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
