Section 33.1-20-02.1-07 - [Effective until 10/1/2024] Permit modification, suspension, or revocation1. A permit may be modified, suspended, revoked, or denied by the department for reasons pertaining to: circumstances that do not meet the purpose and provisions of this article, the provisions of the permit, or the plans and specifications submitted as part of the application for permit; or, violations of any applicable laws or rules. The department shall provide written notice to the permittee.2. If a change occurs during the life of a permit for transporting solid waste (such as the number or type of vehicles used to transport waste, the service area, the waste categories transported, or the solid waste management facilities use), the permittee shall notify the department in writing within thirty days.3. If a change occurs during the life of a permit for a solid waste management unit or facility, as specified in subsection 4, the permittee shall apply for and receive a modification of the permit prior to enacting the change. Routine maintenance, repair, or replacement, or an increase in hours of operations may not be considered a construction or operation change. Changes, including frequency of monitoring and reporting, waste sampling or analysis method, schedules of compliance, and revised cost estimates for closure and postclosure may be effected through written notice to and approval by the department.4. The following changes at a permitted solid waste management unit or facility require a major permit modification: a. A change to the facility boundaries or acreage;b. An increase in average daily solid waste specified in the permit or permit application, calculated by weight or volume for any twelve consecutive months;c. A change in the solid waste characteristics;d. An increase or decrease in finished height or finished slope of a landfill;e. Any increase in landfill trench or excavation depth;f. A change in facility site development which will result in impact to or encroachment into a one hundred-year floodplain, a ravine, a wetland, or a drainageway;g. A change in site drainage or management of runoff or run-on;h. A change in facility site development which will result in disposal of wastes closer to site boundaries than originally approved;i. The addition of solid waste management units, which, if sited independently, would require a permit; orj. Other changes that could have an adverse effect on the safety, health, or welfare of nearby residents, property owners, or the environment.5. An application for modification of a solid waste management unit or facility must follow the procedures and provisions of section 33.1-20-03.1-02.N.D. Admin Code 33.1-20-02.1-07
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.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