Section 33.1-20-03.1-01 - [Effective 10/1/2024] Preapplication procedures1. For all new solid waste management facilities subject to the location standards of subsection 2 of section 33.1-20-04.1-01, a preapplication consisting of a preliminary facility description and a site assessment must be submitted to the department for review prior to submitting a permit application. a. The preliminary facility description must include, at a minimum, the location of the facility; a projection of capacity, size, daily waste receipts, type of waste accepted, years of operation, description of operation, and costs; and a discussion of the proposed facility's compliance with local zoning requirements.b. The preliminary site assessment must include available information pertaining to the site's geology, hydrogeology, topography, soils, and hydrology based on existing information.2. Within sixty days of receipt of a preapplication, the department shall provide written notification of approval or disapproval of the preapplication. If, after review of all information received, the department makes the determination to disapprove the preapplication, the department shall inform the applicant in writing of the reasons for the disapproval. If the preapplication is disapproved, the applicant may submit a new preapplication. A disapproval must be without prejudice to the applicant's right to a hearing before the department pursuant to North Dakota Century Code chapter 28-32.3. An application may be filed only after approval of the preapplication and a finding by the department, after consultation with the state geologist and department of water resources, that the site is geologically and hydrogeologically suitable for further evaluation and consideration.N.D. Admin Code 33.1-20-03.1-01
Adopted by Administrative Rules Supplement 370, October 2018, effective 1/1/2019.Amended by Administrative Rules Supplement 2024-394, October 2024, effective 10/1/2024.General Authority: NDCC 23.1-08-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-08-03, 23.1-08-09, 23.1-08-13, 23.1-08-17; S.L. 2017, ch. 199, § 23