NDAC 33.1-21-02-05
Permit application and renewal
Cite as N.D. Admin. Code ยง 33.1-21-02-05
1.
Permit required. A person wishing to engage in the business of servicing septic systems,
portable restrooms, holding tanks, and similar devices that receive domestic wastewater shall
submit an application for a permit to the department on a form provided by the department.
2.
Applicant information. All applicants shall provide the following information to the department:
a.
The full name and physical business address of the applicant;
b.
The mailing address of the applicant, if different from the physical address;
c.
Septic system servicers that have held a permit in North Dakota within the past five years
must submit records in accordance with subsection 4;
d.
A copy of a North Dakota state training certificate or other acceptable training course as
preapproved by the department;
e.
A list of all counties in which business is conducted;
f.
A list of all disposal methods and land application sites, not exempted under North
Dakota Century Code section 61-28-04.1, that the applicant proposes to use, if
applicable; and
g.
The signature of the landowner, facility operator, or designated representative of the
owner or operator, on a designated form granting permission to use the site for land
application, disposal, or treatment.
3.
Land application. Class I septic system servicers shall obtain the department's approval of all
land application sites under subsection 2 of section 33.1-21-02-08. In addition, class I
applicants shall include the following information on all land application sites--even sites that
have already been approved--that they propose to use for the permit period:
a.
The name of the property owner;
b.
The street address or directions to the site;
c.
The location of the property by township, range, section, and quarter section or the
latitude and longitude of the property in degrees decimal;
d.
The type of vegetation on the land application site (fallow land, pasture, range, forest, or
other) and the nitrogen requirements for the vegetation;
e.
The estimated depth in feet to seasonally high ground water at the site and the basis for
the estimates;
f.
A statement of the specific soil type (clay, gravel, sandy loam, or other) at each site;
g.
The approximate slope of the land;
h.
The acreage available for land application;
i.
A proposed summer and winter disposal operation and maintenance plan for each land
application site, including provisions for access control and the types and sources of
wastes to be managed on the site; and
j.
Indicate land application sites to be utilized between November fifteenth and April first.
4.
Permit renewals. A permit shall expire on December thirty-first of each year. A permitholder
shall have a grace period to submit a renewal application with the appropriate application fee
to the department by March first of the following year. After March first, a new permit
application with the appropriate application fee shall be submitted to the department. Until the
new permit application is approved by the department, a septic system servicer is not
permitted to operate.
a.
An applicant for permit renewal must submit the same information required of a new
permit applicant.
b.
In addition, septic system servicers shall submit an annual report of disposal activities to
the department when applying for a permit renewal. The annual report must include:
(1)
A list of the disposal sites used, including all multiple-use land application sites and
wastewater treatment facilities;
(2)
The type of treatment done to address pathogen and vector control requirements;
(3)
The total volume of gallons handled; and
(4)
A record of all spills.
5.
Permit transfers. Septic system servicers must notify the department upon sale or transfer of
business within ninety days. Upon notification and the new owner's written agreement to
comply with the permit's terms, the new owner becomes the permitholder for the remainder of
the calendar year and shall submit a renewal application in accordance with subsection 4.
6.
Fees. An applicant shall pay the permit or renewal fee to the department at the time the permit
or renewal application is submitted. A permit may not be issued or renewed prior to payment
of the appropriate fee as follows:
a.
A new permit applicant shall pay an application fee of one hundred dollars and a fifty
dollar fee per servicing vehicle.
b.
A permitholder shall pay a renewal fee of fifty dollars per servicing vehicle.
c.
A new servicing unit may be added to an existing permit for a fee of fifty dollars.
d.
A permit replacement fee of twenty-five dollars shall apply. Examples include lost or
damaged plates.
e.
An applicant who holds a valid plumber's license under North Dakota Century Code
chapter 43-18 and operates no more than one septic servicing unit is exempt from these
fees.
7.
Application review. The department shall review each submitted application for a new or
renewed permit. If additional information is required, the department shall notify the applicant
within thirty days after the department receives the application and processing shall be
postponed until the application is complete. If the department does not receive the requested
information within ninety days of the request, a new application may be required. The
department shall review the completed application and either issue, deny, or renew a permit
within thirty days after the completed application is received.