North Dakota Administrative Code
Title 33.1 - Department of Environmental Quality
Article 33.1-24 - Hazardous Waste Management
Chapter 33.1-24-07 - Permitting Procedures
Section 33.1-24-07-12 - Stays of contested permit conditions
Universal Citation: ND Admin Code ยง 33.1-24-07-12
Current through Supplement No. 394, October, 2024
1. Stays.
a. If a request for review of a permit under
section 33.1-24-07-14 is granted, the
effect of the contested permit conditions is stayed and is not subject to
judicial review pending final department action. If the permit involves a new
facility, the applicant is without a permit for the proposed new facility
pending final agency action.
b.
Uncontested conditions which are not severable from those contested must be
stayed together with the contested conditions. Stayed provisions of permits for
existing facilities must be identified by the department. All other provisions
of the permit for the existing facility remain fully effective and
enforceable.
2. Stays based on cross effects. A stay may be granted based on the grounds that an appeal to the department under section 33.1-24-07-14 of one permit may result in changes to another permit only when each of the permits involved has been appealed to the department and the department has accepted each appeal.
3. Any facility or activity holding an existing permit shall:
a. Comply
with the conditions of that permit during any modification or revocation and
reissuance proceedings under section
33.1-24-07-03; and
b. To the extent conditions of any new permit
are stayed under this section, comply with the conditions of the existing
permit which corresponds to the stayed conditions, unless compliance with the
existing conditions would be technologically incompatible with compliance with
other conditions of the new permit which have not been stayed.
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
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