NDAC 43-02-07-07
Modification or revocation and reissuance of permit - Termination of permit -
Cite as N.D. Admin. Code ยง 43-02-07-07
Transfer or renewal of permit.
1.
Modification or revocation and reissuance of permit.
a.
The commission may modify or revoke and reissue a permit if there are substantial
alterations or additions to the permitted facility, or if the standards or regulations on which
the permit was based have been changed by promulgation of amended standards or
regulations or by judicial decision after the permit was issued.
b.
When a permit is modified, only the conditions subject to modification are reviewed. If a
permit is revoked and reissued, the entire permit is reviewed and subject to revision and
the permit is reissued for a new term.
2.
Termination of permit.
a.
The commission may terminate a permit during its term or deny a renewal application for
noncompliance by the permittee with any condition of the permit, the rules or regulations,
or failure to disclose fully or misrepresent all relevant facts.
b.
A permit may be terminated if the permitted activity endangers human health or the
environment, or causes pollution to underground sources of drinking water.
3.
Transfer or renewal of permit.
a.
A permit may be renewed or transferred to a new owner or operator if the current
permittee notifies the commission at least thirty days in advance of the proposed renewal
or transfer date and provided the permit does not need to be modified or revoked and
reissued.
b.
A notice of transfer must include a written agreement between the existing and new
permittees containing a specific date for transfer of permit responsibility, coverage, and
liability between them. The notice must demonstrate that the financial responsibility
requirements of section 43-02-07-09 will be met by the new permittee.