Current through Supplement No. 394, October, 2024
1. The department
shall provide public notice of the department's draft permit decision and shall
provide an opportunity for the public to submit comments and request a hearing
on that decision. The public notice must be provided to:
a. The applicant;
b. Any other agency that the department knows
has issued or is required to issue a hazardous waste permit for the same
facility or activity, including the environmental protection agency;
c. Federal and state agencies with
jurisdiction over fish, shellfish, and wildlife resources and over coastal zone
management plans, the advisory council on historic preservation, state historic
preservation officers, including any affected states;
d. To everyone on the facility mailing list
developed according to the requirements in paragraph 4 of subdivision a of
subsection 3 of section
33.1-24-07-06; and
e. To any units of local government having
jurisdiction over the area where the facility is proposed to be located and to
each state agency having any authority under state law with respect to the
construction or operation of the facility.
2. The public notice must be issued according
to the following methods:
a. Publication in a
daily or weekly major local newspaper of general circulation and broadcast over
local radio stations;
b. In a
manner constituting legal notice to the public under state law and must comply
with subsection 6 of North Dakota Century Code section 23.1-04-08;
and
c. Any other method reasonably
calculated to give actual notice of the draft permit decision to the persons
potentially affected by it, including press releases or any other forum or
medium to elicit public participation.
3. The following information must be included
in the public notice:
a. The name and
telephone number of the contact person at the facility.
b. The name and telephone number of the
office processing the permit action, and a mailing address to which people may
direct comments, information, opinions, or inquiries.
c. An address to which people may write to be
put on the facility mailing list.
d. The location where people may view and
make copies of the draft standardized permit and the notice of intent and
supporting documents.
e. A brief
description of the facility and proposed operations, including the address or a
map (for example, a sketched or copied street map) of the facility location on
the front page of the notice.
f.
The date that the facility owner or operator submitted the notice of intent and
supporting documents.
4.
At the same time that the public notice is issued under this section, the draft
standardized permit (including both the uniform portion and the supplemental
portion, if any), the notice of intent and supporting documents, and the fact
sheet must be placed in a location accessible to the public in the vicinity of
the facility or at the department's office.
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, §
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