NDAC 33.1-24-07-04
Draft permits
Cite as N.D. Admin. Code ยง 33.1-24-07-04
1.
Once an application is complete, the department shall tentatively decide whether to prepare a
draft permit or to deny the application.
2.
If the department tentatively decides to deny the permit application, the department shall issue
a notice of intent to deny. A notice of intent to deny the permit application is a type of draft
permit which follows the same procedures as any draft permit prepared under this section.
(See subsection 4.) If the department's final decision is that the tentative decision to deny the
permit application was incorrect, the department shall withdraw the notice of intent to deny
and proceed to prepare a draft permit under subsection 3.
3.
If the department decides to prepare a draft permit, the department shall prepare a draft
permit that contains the following information:
a.
All conditions under sections 33.1-24-06-04 and 33.1-24-06-05.
b.
All compliance schedules under section 33.1-24-06-07.
c.
All monitoring requirements under section 33.1-24-06-08.
d.
Standards for treatment, storage, and disposal and other permit conditions under section
33.1-24-06-04.
4.
All draft permits prepared under this section shall be accompanied by a fact sheet (section
33.1-24-07-05), publicly noticed (section 33.1-24-07-06), and shall be made available for
public comment (section 33.1-24-07-07). The department shall give notice of opportunity for a
public hearing (section 33.1-24-07-08), issue a final decision (section 33.1-24-07-11) and
respond to comments (section 33.1-24-07-13). An appeal may be taken under section
33.1-24-07-14.