Procedures for variances from classification as a solid waste, for variances to be classified as a boiler or for nonwaste determinations

The department will use the following procedures in evaluating applications for variances from classification as a solid waste or applications to classify particular enclosed flame combustion devices as boilers or applications for nonwaste determinations: 1. The applicant must apply to the department for the variance or nonwaste determination. The application must address the relevant criteria contained in section 33.1-24-01-10, 33.1-24-01-11 or 33.1-24-01-17, as applicable. 2. The department will evaluate the application and issue a draft notice tentatively granting or denying the application. Notification of this tentative decision will be provided by newspaper advertisement or radio broadcast in the locality where the recycler is located. The department will accept comments on the tentative decision for thirty days, and may also hold a public hearing upon request or at the department's discretion. The department will issue a final decision after receipt of comments and after the hearing, if any. 3. In the event of a change in circumstances that affects how a hazardous secondary material meets the relevant criteria contained in section 33.1-24-01-10, 33.1-24-01-11, or 33.1-24-01-17 upon which a variance or nonwaste determination has been based, the applicant shall send a description of the change in circumstances to the department. The department may issue a determination that the hazardous secondary material continues to meet the relevant criteria of the variance or nonwaste determination or may require the facility to reapply for the variance or nonwaste determination. 4. Variances and nonwaste determination are effective for a fixed term not to exceed ten years. No later than six months prior to the end of this term, facilities must reapply for a variance or nonwaste determination. If a facility reapplies for a variance or nonwaste determination within six months, the facility may continue to operate under an expired variance or nonwaste determination until receiving a decision on the facility's reapplication from the department. 5. Facilities receiving a variance or nonwaste determination must provide notification as required by section 33.1-24-01-18.