Current through Supplement No. 394, October, 2024
1. The
department shall 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 must 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 that is procedurally or technically incomplete, inaccurate, or
deficient in detail, or that 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the application withdrawn, and any subsequent application must be considered a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 that 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 must 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 or proposed to be located
and in a multiday newspaper of general circulation in the area of the facility.
The public notice for a draft general permit must be published in all multiday
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 must 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 must be before the department and must 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 shall 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
