Noncompliance and program reporting by the department

The department shall submit any reports required under this section to the environmental protection agency regional administrator. For purposes of this section only, hazardous waste permittees includes facilities with operating status defined by subsection 5 of section 33.1-24-06-16, when appropriate. 1. Quarterly reports. The department shall submit quarterly narrative reports for major facilities as follows: a. Format. The report must use the following format: (1) An alphabetized list by permittee name. When two or more permittees have the same name, the lowest permit number must be entered first. (2) For each entry on a list, include the following information in the following order: (a) Name, location, and permit number of the noncomplying permittee. (b) A brief description and date of each instance of noncompliance for that permittee. Instances of noncompliance may include one or more of the kinds set forth in subdivision b. (c) The dates and a brief description of the actions taken by the department to ensure compliance. (d) Status of the instances of noncompliance with the date of the review of the status or the date of resolution. (e) Any details which tend to explain or mitigate the instances of noncompliance. b. Instances of noncompliance to be reported. Any instances of noncompliance within the following categories must be reported in successive reports until the noncompliance is reported as resolved. Once noncompliance is reported as resolved, it need not appear in subsequent reports. (1) Failure to complete construction elements. When the permittee has failed to complete, by the date specified in the permit, an element of a compliance schedule involving either planning for construction (e.g., award of a contract, preliminary plans), or a construction step (e.g., begin construction, attain operation level); and the permittee has not returned to compliance by accomplishing the requirement of the schedule within thirty days from the date a compliance schedule is due under the permit. (2) Modifications to schedules of compliance. When a schedule of compliance in the permit has been modified under section 33.1-24-06-12 or 33.1-24-06-14 because of the permittee's noncompliance. (3) Failure to complete or provide compliance schedule or monitoring reports. When the permittee has failed to complete or provide a report required in a permit compliance schedule (e.g., progress report or notice of noncompliance or compliance), or a monitoring report; and the permittee has not submitted the complete report within thirty days from the date it is due under the permit for compliance schedules, or from the date specified in the permit for monitoring reports. (4) Deficient reports. When the required reports provided by the permittee are so deficient as to cause misunderstanding by the department and thus impede the review of the status of compliance. (5) Noncompliance with other permit requirements. Noncompliance must be reported in the following circumstances: (a) Whenever the permittee has violated a permit requirement (other than reported under paragraph 1 or 2), and has not returned to compliance within forty-five days from the date reporting of noncompliance was due under the permit; or (b) When the department determines that a pattern of noncompliance exists for a major facility permittee over the most recent four consecutive reporting periods. This pattern includes any violation of the same requirement in two consecutive reporting periods, and any violation of one or more requirements in each of four consecutive reporting periods; or (c) When the department determines significant permit noncompliance or other significant event has occurred, such as a fire or explosion or migration of fluids into an underground source of drinking water. (6) All other. Statistical information must be reported quarterly on all other instances of noncompliance by major facilities with permit requirements not otherwise reported under this subsection. c. The department shall submit, in a manner and form prescribed by the regional administrator, quarterly reports concerning noncompliance by transporters (e.g., recordkeeping requirements), and by generators that send their wastes to offsite treatment, storage, or disposal facilities. 2. Annual reports. a. Annual noncompliance report. The department shall submit statistical reports on nonmajor hazardous waste management permittees indicating the total number reviewed, the number of noncomplying nonmajor permittees, the number of enforcement actions, and number of permit modifications extending compliance deadlines. The statistical information must be organized to follow the types of noncompliance listed in subsection 1. b. In addition to the annual noncompliance report, the department shall prepare a "program report" which contains information (in a manner and form prescribed by the regional administrator) on generators and transporters, and the permit status of regulated facilities. The department shall include on a biennial basis summary information on the quantities and types of hazardous waste generated, transported, stored, treated, and disposed during the preceding odd-numbered year. This summary information must be reported in a manner and form prescribed by the regional administrator and according to environmental protection agency characteristics and lists of hazardous wastes at 40 CFR part 261. 3. Schedule. a. For all quarterly reports, on the last working day of May, August, November, and February, the department shall submit to the regional administrator information concerning noncompliance with the hazardous waste management requirements in this state in accordance with the following schedule (Reports must also be made available to the public for inspection and copying on this date): January, February, and March May 31 April, May, and June August 31 July, August, and September November 30 October, November, and December February 28 b. For annual reports, the period shall be for one calendar year ending December thirty-first, with reports completed and available to the public no more than sixty days later.