Appeal of permit

1. Within thirty days after a final permit decision (or a decision under subsection 2 of section 33.1-24-06-13 to deny a permit for the active life of a hazardous waste management facility or unit) has been issued under section 33.1-24-07-11, any person who filed comments on that draft permit or participated in the public hearing may petition the department to review any condition of the permit decision. Any person who failed to file comments or failed to participate in the public hearing on the draft permit may petition for administrative review only to the extent of the changes from the draft to the final permit decision. The thirty-day period within which a person may request review under this section begins with the service of notice of the department's action unless a later date is specified in that notice. The petition must include a statement of the reasons supporting that review, including a demonstration that any issues being raised were raised during the public comment period (including any public hearing) to the extent required by these rules and, when appropriate, a showing that the condition in question is based on. a. A finding of fact or conclusion of law which is clearly erroneous; or b. An exercise of discretion or an important policy consideration which the department should, in the department's discretion, review. 2. The department may also decide on the department's initiative to review any condition of any permit issued under this article. The department must act under this section within thirty days of the service date of notice of the department's action. 3. Within a reasonable time following the filing of the petition for review, the department shall issue an order either granting or denying the petition for review. To the extent review is denied, the conditions of the final permit decision become final department action. Public notice of any grant of review by the department under subsection 1 or 2 must be given as provided in section 33.1-24-07-06. Public notice must set forth a briefing schedule for the appeal and must state that any interested person may file an amicus brief. A notice of denial of review may be sent only to the person requesting review. 4. Final department action occurs when a final permit is issued or denied by the department and the department review procedures are exhausted. A final permit decision must be issued by the department: a. When the department issues notice to the parties that review has been denied. b. When the department issues a decision on the merits of the appeal and the decision does not include a remand of the proceedings; or upon the completion of remand proceedings if the proceedings are remanded, unless the department remand order specifically provides that appeal of the remand decision will be required to exhaust administrative remedies.