Current through Supplement No. 394, October, 2024
1. The department will review the
applications, plans, and specifications for solid waste transporters and for
solid waste management facilities and information submitted as a result of the
public notices.
2. Upon completion
of the department's review, the application for permit will be approved,
returned for clarification and additional information, or denied.
a. The basis for approval must be an
application which demonstrates compliance with this article and North Dakota
Century Code chapter 23.1-08.
b.
The basis for return must be an application which is procedurally or
technically incomplete, inaccurate, or deficient in detail, or which precludes
an orderly review and evaluation. If the application is returned, the applicant
may resubmit an application, complete with all necessary information to satisfy
deficiencies. If the applicant does not resubmit an application within six
months, the department shall consider the application withdrawn, and any
subsequent application must be considered a new application.
c. The basis for denial must be an
application which contains false, misleading, misrepresented, or substantially
incorrect or inaccurate information; fails to demonstrate compliance with this
article; proposes construction, installation, or operation of a solid waste
management unit or facility which will result in a violation of any part of
this article; or is made by an applicant for whom an environmental compliance
background review reveals any of the circumstances listed in subsection 14 of
North Dakota Century Code section 23.1-08-03.
3. If the department makes a preliminary
determination to issue a permit for a solid waste management facility or for a
general permit, the department shall prepare a draft permit. The department may
impose reasonable conditions upon a permit. The draft permit will be available
for public review and comment after the department publishes a notice of its
consideration to issue the permit.
The public notice for a draft solid waste management facility
permit must be published in the official county newspaper in the county in
which the solid waste management unit or facility is located and in a daily
newspaper of general circulation in the area of the facility. The public notice
for a draft general permit must be published in all daily newspapers of general
circulation in the state.
a.
Interested persons may submit written comments to the department on the draft
permit within thirty days of the final public notice. All written comments will
be considered by the department in the formulation of its final
determinations.
b. The department
may hold a hearing if it determines there is significant public interest in
holding such a hearing. Public notice for a hearing will be made in the same
manner as for a draft permit. The hearing will be before the department and
will be held at least fifteen days after the public notice has been
published.
4. If, after
review of all information received, the department approves the permit
application, the department shall:
a. Issue a
permit if it is for the renewal of an existing solid waste management facility
or a solid waste management facility operated as part of an energy conversion
facility or part of a surface coal mining and reclamation operation, if the
solid waste management facility disposes of only waste generated by the energy
conversion facility or surface coal mining and reclamation operation;
or
b. Notify the board of county
commissioners in which a new solid waste management facility will be located of
the intent to issue a permit, and the county's opportunity to call a special
election to be held within sixty days after receiving notice from the
department to allow the qualified electors of the county to vote to approve or
disapprove of the facility based on public interest and impact on the
environment. If a majority vote to disapprove of the facility, the department
may not issue the permit and the facility may not be located in that county. If
the voters approve the facility or if a special election is not called, the
department shall issue the permit.
5. If, after review of all information
received, the department makes the determination to deny the permit, the
applicant will be notified, in writing, of the denial. The department shall set
forth in any notice of denial the reasons for denial. If the application is
denied, the applicant may submit a new application, which will require a new
public notice. A denial must be without prejudice to the applicant's right to a
hearing before the department pursuant to North Dakota Century Code chapter
28-32.
General Authority: NDCC 23.1-08-03;
S.L.
2017, ch. 199,
§
1
Law Implemented: NDCC 23.1-08-03, 23.1-08-09;
S.L.
2017, ch. 199,
§
23
