NDAC 33.1-24-07-02
Application for a permit
Cite as N.D. Admin. Code ยง 33.1-24-07-02
1.
General requirements.
a.
Any person who requires a hazardous waste permit shall complete, sign, and submit to
the department an application in accordance with chapter 33.1-24-06.
b.
The department shall not begin the processing of a permit until the applicant has fully
complied with the application requirements for that permit. (See section 33.1-24-06-01.)
c.
Permit applications must comply with the signature and certification requirements of
section 33.1-24-06-03.
2.
The department shall review for completeness every application for a hazardous waste permit.
Each application for a permit submitted by a new hazardous waste management facility
should be reviewed for completeness by the department within thirty days of its receipt. Each
application for a permit submitted by an existing hazardous waste management facility (both
parts A and B of the application) should be reviewed for completeness within sixty days of
receipt. Upon completing the review, the department shall notify the applicant in writing
whether the application is complete. If the application is incomplete, the department shall list
the information necessary to make the application complete. When the application is for an
existing hazardous waste management facility, the department shall specify in the notice of
deficiency a date for submitting the necessary information. The department shall notify the
applicant that the application is complete upon receiving this information. After the application
is completed, the department may request additional information from an applicant, but only
when necessary to clarify, modify, or supplement previously submitted material. Requests for
such additional information will not render an application incomplete.
3.
If an applicant fails or refuses to correct deficiencies in the application, the permit may be
denied and appropriate enforcement actions may be taken under the applicable statutory
provisions.
4.
If the department decides that a site visit is necessary for any reason in conjunction with the
processing of an application, the department shall notify the applicant and a date shall be
scheduled.
5.
The effective date of an application is the date on which the department notifies the applicant
that the application is complete as provided in subsection 2.
6.
For each application from a major new hazardous waste management facility, the department
shall, no later than the effective date of the application, prepare and mail to the applicant a
project decision schedule. The schedule must specify target dates by which the department
intends to:
a.
Prepare a draft permit;
b.
Give public notice;
c.
Complete the public comment period, including any public hearings; and
d.
Issue a final permit.