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 sections33.1-20-02.1-05, 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.