North Dakota Administrative Code
Title 33.1 - Department of Environmental Quality
Article 33.1-20 - Solid Waste Management and Land Protection
Chapter 33.1-20-03.1 - Permit Application Provisions
Section 33.1-20-03.1-01 - Preapplication procedures

1. For all new solid waste management facilities subject to the location standards of subsection 2 of section 33.1-20-04.1-01, a preapplication consisting of a preliminary facility description and a site assessment must be submitted to the department for review prior to submitting a permit application.

2. Within sixty days of receipt of a preapplication, the department shall provide written notification of approval or disapproval of the preapplication. If, after review of all information received, the department makes the determination to disapprove the preapplication, the department shall inform the applicant in writing of the reasons for the disapproval. If the preapplication is disapproved, the applicant may submit a new preapplication. A disapproval must be without prejudice to the applicant's right to a hearing before the department pursuant to North Dakota Century Code chapter 28-32.

3. An application may be filed only after approval of the preapplication and a finding by the department, after consultation with the state geologist and department of water resources, that the site is geologically and hydrogeologically suitable for further evaluation and consideration.