NDAC 43-02-03-51.1
Treating plant permit requirements
Cite as N.D. Admin. Code ยง 43-02-03-51.1
1.
The treating plant permit application must be submitted on form 1tp and shall include at least
the following information:
a.
The name and address of the operator.
b.
An accurate plat certified by a registered surveyor showing the location of the proposed
treating plant and the center of the site with reference to true north and the nearest lines
of a governmental section. The plat shall also include the latitude and longitude of the
center of the proposed treating plant location to the nearest tenth of a second, and the
ground elevation. The plat shall also depict the outside perimeter of the treating plant and
verification that the site is at least five hundred feet [152.4 meters] from an occupied
dwelling.
c.
A schematic drawing of the proposed treating plant site, drawn to scale, detailing all
facilities and equipment, including the size, location, and purpose of all tanks, the height
and location of all dikes, the location of all flow lines, and the location of the topsoil
stockpile. It shall also include the proposed road access to the nearest existing public
road and the authority to build such access.
d.
Cut and fill diagrams.
e.
An affidavit of mailing identifying each owner of any permanently occupied dwelling within
one-quarter mile of the proposed treating plant and certifying that such owner has been
notified of the proposed treating plant.
f.
Appropriate geological data on the surface geology and its suitability for fluid
containment.
g.
Schematic drawings of the proposed diking and containment, including calculated
containment volume and all areas underlain by a synthetic liner.
h.
Monitoring plans and leak detection for all buried or partially buried structures and any
concrete structure upon which waste or product is in direct contact.
i.
The capacity and operational capacity of the treating plant.
j.
A narrative description of the process and how the waste and recovered product streams
travel through the treating plant.
k.
A review of the surficial aquifers within one mile of the proposed treating plant site or
surface facilities.
l.
Any other information required by the director to evaluate the proposed treating plant or
site.
2.
Permits may contain such terms and conditions as the director deems necessary.
3.
Any permit issued under this section may be revoked by the commission after notice and
hearing if the permittee fails to comply with the terms and conditions of the permit, any
directive of the director, or any applicable rule or statute. Any permit issued under this section
may be suspended by the director for good cause.
4.
Permits are transferable only with approval of the director.
5.
Permits may be modified by the director.
6.
A permit must automatically expire one year after the date it was issued, unless dirtwork
operations have commenced to construct the site. The director may extend a treating plant
permit for up to one year upon request.
7.
If the treating plant is abandoned and reclaimed, the permit must expire and be of no further
force and effect.