North Dakota Administrative Code
Title 33.1 - Department of Environmental Quality
Article 33.1-24 - Hazardous Waste Management
Chapter 33.1-24-06 - Permits
Section 33.1-24-06-07 - Schedules of compliance
Universal Citation: ND Admin Code ยง 33.1-24-06-07
Current through Supplement No. 394, October, 2024
1. The permit may, when appropriate, specify a schedule of compliance leading to compliance with North Dakota Century Code chapter 23.1-04 and its regulations.
a. Time for compliance. Any schedules of
compliance under this section must require compliance as soon as
possible.
b. Interim dates. Except
as provided in paragraph 2 of subdivision a of subsection 2, if a permit
establishes a schedule of compliance which exceeds one year from the date of
permit issuance, the schedule must set forth interim requirements and the dates
for their achievement.
(1) The time between
interim dates may not exceed one year.
(2) If the time necessary for completion of
any interim requirements (such as the construction of a control facility) is
more than one year and is not readily divisible into stages for completion, the
permit must specify interim dates for the submission of reports of progress
toward completion of the interim requirements and indicate a projected
completion date.
c.
Reporting. The permit must be written to require that no later than fourteen
days following each interim date and the final date of compliance, the
permittee shall notify the department in writing of the permittee's compliance
or noncompliance with the interim or final requirements.
2. Alternative schedules of compliance. A permit applicant or permittee may cease conducting regulated activities [by receiving a terminal volume of hazardous waste and closing (and conducting postclosure care, where applicable) pursuant to applicable requirements] rather than continue to operate and meet permit requirements as follows:
a. If the permittee decides to cease
conducting regulated activities at a given time within the term of a permit
which has already been issued:
(1) The permit
may be modified to contain a new or additional schedule leading to timely
cessation of activities; or
(2) The
permittee shall cease conducting permitted activities before noncompliance with
any interim or final compliance schedule requirement already specified in the
permit.
b. If the
decision to cease conducting regulated activities is made before issuance of a
permit whose term will include the termination date, the permit must contain a
schedule leading to termination which will ensure timely compliance with
applicable requirements.
c. If the
permittee is undecided whether to cease conducting regulated activities, the
department may issue or modify a permit to contain two schedules as follows:
(1) Both schedules must contain an identical
interim deadline requiring a final decision on whether to cease conducting
regulated activities no later than a date which ensures sufficient time to
comply with applicable requirements in a timely manner if the decision is to
continue conducting regulated activities.
(2) One schedule must lead to timely
compliance with applicable requirements.
(3) The second schedule must lead to
cessation of regulated activities by a date which will ensure timely compliance
with applicable requirements.
(4)
Each permit containing two schedules must require that after the permittee has
made a final decision under paragraph 1 the permittee shall (a): follow the
schedule leading to compliance if the decision is to continue conducting
regulated activities; or (b): follow the schedule leading to termination if the
decision is to cease conducting regulated activities.
d. The applicant's or permittee's decision to
cease conducting regulated activities must be evidenced by a firm public
commitment satisfactory to the department such as a resolution of the board of
directors of a corporation.
General Authority: NDCC 23.1-04-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-04-03, 23.1-04-05, 23.1-04-08; S.L. 2017, ch. 199, § 19
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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