Procedures for case-by-case regulation of hazardous waste recycling activities

The department will use the following procedures when determining whether to regulate hazardous waste recycling activities described in paragraph 3 of subdivision b of subsection 1 of section 33.1-24-02-06 under the provisions of subsections 2 and 3 of section 33.1-24-02-06 rather than under the provisions of section 33.1-24-05-230: 1. If a generator is accumulating the waste, the department will issue a notice setting forth the factual basis for the decision and stating that the person must comply with the applicable requirements of chapter 33.1-24-03. The notice will become final within thirty days, unless the person served requests a public hearing to challenge the decision. Upon receiving such a request, the department will hold a public meeting and will provide notice of the hearing to the public and allow public participation at the hearing. The department will issue a final order after the hearing stating whether or not compliance with chapter 33.1-24-03 is required. The order becomes effective thirty days after serving the decision unless the department specifies a later date or unless review by the department is requested. The order may be appealed to the department by any person who participated in the public hearing. The department may choose to grant or to deny the appeal. Final department action occurs when a final order is issued and department review procedures are exhausted. 2. If the person is accumulating the recyclable materials at a storage facility, the notice will state that the person must obtain a permit in accordance with all applicable provisions of chapters 33.1-24-06 and 33.1-24-07. The owner or operator of the facility must apply for a permit within no less than sixty days and no more than six months of notice, as specified in the notice. If the owner or operator of the facility wishes to challenge the department's decision, the owner or operator may do so in his or her permit application, in a public hearing held on the draft permit, or in comments filed on the draft permit, or on the notice of intent to deny the permit. The fact sheet accompanying the permit will specify the reasons for the department's determination. The question whether the department's decision was proper will remain open for consideration during the public comment period discussed under chapter 33.1-24-07 and in any subsequent hearing.