NDAC 33.1-24-07-25
Preapplication public meeting and notice
Cite as N.D. Admin. Code ยง 33.1-24-07-25
1.
Applicability. The requirements of this section apply to all hazardous waste part B applications
seeking initial permits for hazardous waste management units. The requirements of this
section also apply to hazardous waste part B applications seeking renewal of permits for such
units, where the renewal application is proposing a significant change in facility operations.
For the purposes of this section, a "significant change" is any change that would qualify as a
class 3 permit modification under section 33.1-24-06-14. The requirements of this section also
apply to hazardous waste management facilities for which facility owners or operators are
seeking coverage under a hazardous waste standardized permit (see sections 33.1-24-06-45
through 33.1-24-06-85), including renewal of a standardized permit for such units, where the
renewal is proposing a significant change in facility operations, as defined at subsection 3 of
section 33.1-24-07-51. The requirements of this section do not apply to permit modifications
under section 33.1-24-06-14 or to applications that are submitted for the sole purpose of
conducting postclosure activities or postclosure activities and corrective action at a facility.
2.
Prior to the submission of a part B hazardous waste permit application for a facility, or to the
submission of a written notice of intent to be covered by a hazardous waste standardized
permit (see sections 33.1-24-06-45 through 33.1-24-06-85), the applicant must hold at least
one meeting with the public in order to solicit questions from the community and inform the
community of proposed hazardous waste management activities. The applicant shall post a
sign-in sheet or otherwise provide a voluntary opportunity for attendees to provide their names
and addresses.
3.
The applicant shall submit a summary of the meeting, along with the list of attendees and their
addresses developed under subsection 2, and copies of any written comments or materials
submitted at the meeting, to the department as a part of the part B application, in accordance
with subsection 2 of section 33.1-24-06-17, or with the written notice of intent to be covered by
a hazardous waste standardized permit (see sections 33.1-24-06-45 through 33.1-24-06-85).
4.
The applicant shall provide public notice of the preapplication meeting at least thirty days prior
to the meeting. The applicant shall maintain, and provide to the department upon request,
documentation of the notice.
a.
The applicant shall provide public notice in all of the following forms:
(1)
A newspaper advertisement. The applicant shall publish a notice, fulfilling the
requirements in subdivision b, in a newspaper of general circulation in the county or
equivalent jurisdiction that hosts the proposed location of the facility. In addition, the
department shall instruct the applicant to publish the notice in newspapers of
general circulation in adjacent counties or equivalent jurisdictions, where the
department determines that such publication is necessary to inform the affected
public. The notice must be published as a display advertisement.
(2)
A visible and accessible sign. The applicant shall post a notice on a clearly marked
sign at or near the facility, fulfilling the requirements in subdivision b. If the applicant
places the sign on the facility property, then the sign must be large enough to be
readable from the nearest point where the public would pass by the site.
(3)
A broadcast media announcement. The applicant shall broadcast a notice, fulfilling
the requirements in subdivision b, at least once on at least one local radio station or
television station. The applicant may employ another medium with prior approval of
the department.
(4)
A notice to the department. The applicant shall send a copy of the newspaper notice
to the department and to the appropriate units of state and local government, in
accordance with subdivision b of subsection 3 of section 33.1-24-07-06.
b.
The notices required under subdivision a must include:
(1)
The date, time, and location of the meeting;
(2)
A brief description of the purpose of the meeting;
(3)
A brief description of the facility and proposed operations, including the address or a
map (for example, a sketched or copied street map) of the facility location;
(4)
A statement encouraging people to contact the facility at least seventy-two hours
before the meeting if they need special access to participate in the meeting; and
(5)
The name, address, and telephone number of a contact person for the applicant.