N.D. Admin. Code 33.1-20-02.1-03

Current through Supplement No. 395, January, 2025

Section 33.1-20-02.1-03 - [Effective 10/1/2024] General permits for beneficial use, processing, or treatment of solid waste

1. Authorization for a general permit:

a. The department may issue general permits on a regional or statewide basis for a category of beneficial use, processing, or treatment of solid waste, including recyclable materials, if the following are met:

(1) The wastes included in the category are generated by the same or substantially similar operations and have the same or substantially similar physical characteristics and chemical composition. If wastes are not the same or substantially similar and are blended for use, the blend must be consistently reproduced with the same physical characteristics and chemical composition.

(2) The wastes included in the category are proposed for the same or substantially similar beneficial use, processing, or treatment operations.

(3) The activities in the category can be regulated adequately utilizing standardized conditions without harming or presenting a threat of harm to human health, safety, or the environment. At a minimum, the use of the waste as an ingredient in an industrial process or as a substitute for a commercial product may not present a greater harm or threat of harm than the use of the product or ingredient which the waste is replacing; and

(4) The activities in the category are in accordance with the requirements and purposes of this article, and do not pose a threat of harm to human health, safety, or the environment.

b. The department does not require a person to have an individual solid waste permit under this article if the following are met:

(1) The beneficial use, processing, or treatment activities are conducted in accordance with the terms and conditions of the applicable general permit; and

(2) The person conducting the beneficial use, processing, or treatment activities has registered with the department for coverage under the general permit, if registration is required by the general permit.

c. Notwithstanding subdivision b, the department may require a person authorized by a general permit to apply for, and obtain, an individual permit if the person is not in compliance with the conditions of the general permit or is conducting an activity that, in the department's determination, may present a threat of harm to human health, safety, or the environment.

d. The department may issue a new general permit upon its own motion or upon an application from a person.

e. The department may impose a fee for a new general permit application or for registration or application for coverage under an existing general permit, based on the anticipated cost of filing and processing the application, taking action on the requested permit or registration certificate, and conducting a monitoring and inspection program to determine compliance with the permit or registration certificate.

f. The department may modify, suspend, revoke, or reissue general permits or coverage under a general permit as it deems necessary to prevent harm or threat of harm to human health, safety, or the environment.

g. A person that beneficially uses, processes, or treats solid waste under a general permit shall comply with the terms and conditions of the general permit and requirements of this article to the same extent as if the activity were covered by an individual permit.

h. A person operating under a general permit has the burden of proving that the waste and activity are consistent with the general permit.

i. Persons applying for coverage or operating under a general permit are subject to all local zoning requirements.

j. General permits may not be issued to a CCR facility to treat or dispose of CCR.

2. Application for a new general permit. An application from a person for the issuance of a new general permit must be submitted on a form provided by the department and must contain the following:

a. A description of the type of solid waste to be covered by the general permit, including physical and chemical characteristics of the waste. The chemical description must contain an analysis of a sufficient number of samples of solid waste in the same waste type to accurately represent the range of physical and chemical characteristics of the waste type;

b. A description of the proposed type of beneficial use, processing, or treatment activity to be covered by the general permit;

c. A detailed narrative and schematic diagram of the production or manufacturing process from which the waste to be covered by the general permit is generated;

d. For beneficial use general permits, proposed concentration limits for contaminants in the beneficially used waste, and a rationale for those limits. At a minimum, the use of the waste as an ingredient in an industrial process or as a substitute for a raw material or a commercial product may not present a greater harm or threat of harm than the use of the product or ingredient which the waste is replacing;

e. For general permits that involve beneficial use of solid waste, a detailed demonstration of the suitability of the waste for the proposed beneficial use, which must include:

(1) A demonstration that the physical characteristics and chemical composition of the solid waste contributes to the proposed beneficial use and does not interfere with the proposed beneficial use;

(2) If the waste is to be used as a substitute for a commercial product, a demonstration that the waste can perform the desired functions of the commercial product, and that the waste meets or exceeds all applicable national, state, local, or industry standards or specifications for the material for which the waste is being substituted;

(3) If the waste is to be used as a raw material for a product with commercial value, a demonstration that the waste will contribute significant properties or materials to the end product, and that the waste meets or exceeds all applicable national, state, local, or industry standards or specifications for the material for which the waste is being substituted;

(4) If the waste is to be used in general roadway application or highway construction, a demonstration that approval will be granted by the department of transportation, if applicable, for the use of the waste for the intended application;

(5) If the waste is to be used as a construction material, soil substitute, soil additive, or antiskid material, or is to be otherwise placed directly onto the land, an evaluation of the potential for adverse public health and environmental impacts from the proposed use of the solid waste. The evaluation must identify the constituents of the waste which may present the potential for adverse public health and environmental impacts, and the potential pathways of human exposure to those constituents, including exposure through ground water, surface water, air, and the food chain; and

(6) If the waste is to be used as a construction material, a description of the construction activities and detailed timelines for the prompt completion of the construction activities.

f. If solid wastes are blended for use, a demonstration that each waste results in a beneficial contribution to the use of the mixed waste and that the consistency of the blend will be maintained. The applicant shall specify the quantities and proportions of all materials included in the blended waste, and the mixture shall meet appropriate standards for use;

g. Payment of the fee specified in chapter 33.1-20-15 for a new general permit; and

h. Any other relevant information requested by the department.

3. Public notice and review period.

a. The department shall publish notice of receipt of an application for a new general permit on its official website when the department determines the application is substantially complete.

b. The department shall follow the same review and public notice procedures for new general permit applications as for individual permit applications in section 33.1-20-03.1-03.

c. The department shall publish all finalized and approved new general permits on its official website and list all persons who have registered for coverage under that general permit.

4. Contents of general permits. Each new general permit issued by the department must include, at a minimum:

a. A clear and specific description of the category of waste and the category of beneficial use, processing, or treatment of solid waste eligible for coverage under the general permit;

b. A brief description of the reasons for the department's determination that the category of beneficial use, processing or treatment is eligible for coverage under the general permit;

c. Registration or determination of applicability requirements and the fee, if any, imposed on registrants or applicants for coverage under the general permit;

d. A set of terms and conditions governing the beneficial use, processing or treatment of solid waste covered by the general permit that the department determines are necessary to ensure compliance with this article, including provisions for the protection of ground water. At a minimum, the conditions must include:

(1) Limits on the physical and chemical properties of waste that may be beneficially used, processed, or treated and a requirement that persons who conduct activities authorized by the general permit shall notify the department immediately on forms provided by the department, of a change in the physical or chemical properties of the solid waste, including leachability;

(2) The department's right of access to the site or facility where permitted activities are conducted for inspections as provided in North Dakota Century Code section 23.1-08-18;

(3) An effective date and a fixed permit term that may not exceed ten years from the effective date;

(4) A requirement that a person operating under the permit shall notify the department within the time stated in the permit and, if no time is stated no later than thirty days, in writing, of any changes in the following:

(a) The company's name, address, owners, operators, and responsible officials.

(b) Land ownership where the general permit is implemented.

(c) The physical and chemical characteristics of the solid waste.

(d) The generators of the solid waste and the manufacturing process that generates the solid waste.

(e) The status of any permit issued to the permittee or any agent of the permittee engaged in activities under the permit by the department.

(5) A requirement that the activities conducted under the authorization of a general permit must be conducted in accordance with the permittee's application, except to the extent that a general permit may state otherwise;

e. The general permit may include a requirement that persons that conduct activities authorized by the general permit shall submit to the department periodic reports, analyses of waste and other information to ensure the quality of the waste to be beneficially used or processed does not change; and

f. The general permit may include a requirement for financial assurance to remove materials remaining after closure or for emergency response site cleanup, based on the volume, physical, or chemical characteristics, or treatment methods of the materials covered under the general permit.

5. Coverage under a general permit.

a. A person is authorized to operate under a general permit if one of the following occurs:

(1) No registration required for coverage. The applicable general permit does not require persons to register with the department prior to operating under the general permit, and the person is operating in accordance with all terms of the general permit;

(2) Registration required for coverage. The applicable general permit requires persons to register with the department prior to operating under the general permit. The department shall notify the person that has registered that they may begin to operate in accordance with the terms of the general permit; or

(3) Application required for coverage. The applicable general permit requires persons to apply for and obtain authorization to operate, including site approval, from the department prior to operating under the general permit, and the department has made this authorization.

b. Except as provided in subdivision c, as a condition of each general permit, the department may require persons seeking coverage under the general permit to register or apply with the department within a specified time period. New operations not in existence before the issuance of a general permit shall register prior to conducting the activity authorized by the general permit.

c. For general permits where the solid waste is to be used as a construction material, antiskid material, or otherwise placed directly onto the land, as a condition of the general permit, the department may require persons who intend to operate under the general permit to apply for and obtain authorization from the department prior to conducting the activity authorized by the general permit. The department may impose the requirement for prior authorization on other general permits for beneficial use, processing, or treatment activities if the department determines the condition is necessary to prevent harm or a threat of harm to the health and safety of people or the environment.

d. If required by the general permit, the registration or application must include:

(1) The name and address of the person conducting the activity covered by the general permit;

(2) A description of each waste that will be beneficially used or processed in accordance with the general permit;

(3) The location where the general permit will be implemented;

(4) A description of the proposed method of processing or beneficial use of the waste;

(5) An analysis that is in accordance with the general permit, if the general permit requires a registrant or applicant to chemically analyze each waste to be processed or beneficially used;

(6) The name or number of the general permit being utilized for the activity;

(7) A demonstration that the activities the person intends to conduct are authorized by the general permit;

(8) A disclosure statement as required by North Dakota Century Code section 23.1-08-17;

(9) A signed statement by the person conducting the activity authorized by the general permit, on a form prepared by the department, which states that the person agrees to accept the conditions imposed by the general permit for beneficial use, processing, or treatment of solid waste under the general permit;

(10) A registration or application fee if required by the general permit; and

(11) Any other relevant information requested by the department.

e. The department may amend, suspend, or revoke coverage under a general permit if a person authorized to conduct solid waste activities under a general permit is not in compliance with all of the permit conditions or other requirements of this article.

N.D. Admin Code 33.1-20-02.1-03

Adopted by Administrative Rules Supplement 370, October 2018, effective 1/1/2019.

Amended by Administrative Rules Supplement 2020-377, July 2020, effective 7/1/2020.

Amended by Administrative Rules Supplement 2024-394, October 2024, effective 10/1/2024.

General Authority: NDCC 23.1-08-03, 23.1-08-10; S.L. 2017, ch. 199, § 1

Law Implemented: NDCC 23.1-08-03, 23.1-08-09, 23.1-08-10; S.L. 2017, ch. 199, § 1