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 33.1-20-03.1-02 - Permit application procedures

Universal Citation: ND Admin Code ยง 33.1-20-03.1-02

Current through Supplement No. 394, October, 2024

1. An application for a permit must be submitted on forms available from the department by any person desiring to transport solid waste or to establish, construct, or operate a solid waste management unit or facility.

2. The application for a permit must be prepared by the applicant or the applicant's authorized agent and signed by the applicant.

3. One print copy and one searchable electronic copy of the application and supporting documents must be submitted to the department with the fee specified in chapter 33.1-20-15.

4. Within thirty days of the submission of an application for a permit for a new solid waste management unit or facility or for facility changes listed in subsection 4 of section 33.1-20-02.1-07, the applicant shall publish a public notice indicating that an application has been submitted to the department. The public notice must indicate the type and location of the unit or facility and must be made by two separate publications in the official county newspaper in the county in which the site or operation is located. The applicant shall provide proof of publication by submitting to the department, within sixty days after the second publication of the notice, and affidavit from the publisher accompanied by a copy of the published notice, which shows the date of publication. Failure to publish the public notice and provide proof of publication to the department will extend the permit review timeline in section 33.1-20-03.1-04 until proof of publication is received by the department.

5. Applicants proposing a solid waste management facility in a mining permit area for disposal of coal processing waste also must file a copy of the application with the public service commission in accordance with subdivision a of subsection 1 of section 69-05.2-19-02.

6. Applications for a solid waste management unit or facility permit must include the following information where applicable:

a. A completed application form, subsection 1;

b. A description of the anticipated physical and chemical characteristics, estimated amounts, and sources of solid waste to be accepted, including the demonstration required by North Dakota Century Code section 23.1-08-14;

c. The site characterization of section 33.1-20-13-01 and a demonstration that the site fulfills the location standards of section 33.1-20-04.1-01;

d. Soil survey and segregation of suitable plant growth material;

e. Demonstrations of capability to fulfill the general facility standards of section 33.1-20-04.1-02;

f. Facility engineering specifications adequate to demonstrate the capability to fulfill performance, design, and construction criteria provided by this article and enumerated in this subdivision:
(1) Transfer stations and drop box facilities, section 33.1-20-04.1-06.

(2) Waste piles, section 33.1-20-04.1-07.

(3) Resource recovery, section 33.1-20-04.1-08.

(4) Land treatment, section 33.1-20-04.1-09 and chapter 33.1-20-09.

(5) Non-CCR surface impoundments, section 33.1-20-04.1-09 and chapter 33.1-20-08.1.

(6) Any disposal, section 33.1-20-04.1-09.

(7) Inert waste landfill, chapter 33.1-20-05.1.

(8) Municipal waste landfill, chapter 33.1-20-06.1.

(9) Industrial waste landfill, chapters 33.1-20-07.1 or 33.1-20-10.

(10) TENORM waste landfill, chapters 33.1-20-07.1 or 33.1-20-10 and 33.1-20-11.

(11) Special waste landfill, chapter 33.1-20-07.1

(12) CCR unit, chapter 33.1-20-08.

(13) Municipal solid waste ash landfills, chapter 33.1-20-10.

(14) Regulated infectious waste unit, chapter 33.1-20-12;

g. The plan of operation of section 33.1-20-04.1-03;

h. Demonstration of the treatment technology of section 33.1-20-01.1-12;

i. The place where the operating record is or will be kept, section 33.1-20-04.1-04;

j. Demonstration of capability to fulfill the ground water monitoring standards, sections 33.1-20-08-06 or 33.1-20-13-02;

k. Construction quality assurance and quality control;

l. Demonstrations of capability to fulfill the closure standards, section 33.1-20-04.1-05 and otherwise provided by this article;

m. Demonstrations of capability to fulfill the postclosure standards, section 33.1-20-04.1-09 and otherwise provided by this article; and

n. A disclosure statement as required by North Dakota Century Code section 23.1-08-17.

7. Applications for a solid waste transporter's permit must include the following information:

a. A completed application form, subsection 1;

b. Description of the types of solid waste to be transported, approximate quantities, and anticipated collection sources;

c. A list of the anticipated solid waste management facilities that will store, treat, process, recycle, or dispose the solid waste;

d. Description of equipment and transportation spill prevention as required by section 33.1-20-01.1-05; and

e. A disclosure statement as required by North Dakota Century Code section 23.1-08-17.

General Authority: NDCC 23.1-08-03; S.L. 2017, ch. 199, § 1

Law Implemented: NDCC 23.1-08-03, 23.1-08-09, 23.1-08-14, 23.1-08-17; S.L. 2017, ch. 199, § 23

Disclaimer: These regulations may not be the most recent version. North Dakota may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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