Section 33.1-20-03.1-03 - [Effective 10/1/2024] Permit application review and action1. The department shall review the applications, plans, and specifications for solid waste transporters and for solid waste management facilities and information submitted as a result of the public notices.2. Upon completion of the department's review, the application for permit must be approved, returned for clarification and additional information, or denied.a. The basis for approval must be an application which demonstrates compliance with this article and North Dakota Century Code chapter 23.1-08.b. The basis for return must be an application that is procedurally or technically incomplete, inaccurate, or deficient in detail, or that precludes an orderly review and evaluation. If the application is returned, the applicant may resubmit an application, complete with all necessary information to satisfy deficiencies. If the applicant does not resubmit an application within six months, the department shall consider the application withdrawn, and any subsequent application must be considered a new application.c. The basis for denial must be an application that contains false, misleading, misrepresented, or substantially incorrect or inaccurate information; fails to demonstrate compliance with this article; proposes construction, installation, or operation of a solid waste management unit or facility which will result in a violation of any part of this article; or is made by an applicant for whom an environmental compliance background review reveals any of the circumstances listed in subsection 14 of North Dakota Century Code section 23.1-08-03.3. If the department makes a preliminary determination to issue a permit for a solid waste management facility or for a general permit, the department shall prepare a draft permit. The department may impose reasonable conditions upon a permit. The draft permit must be available for public review and comment after the department publishes a notice of its consideration to issue the permit. The public notice for a draft solid waste management facility permit must be published in the official county newspaper in the county in which the solid waste management unit or facility is or proposed to be located and in a multiday newspaper of general circulation in the area of the facility. The public notice for a draft general permit must be published in all multiday newspapers of general circulation in the state.
a. Interested persons may submit written comments to the department on the draft permit within thirty days of the final public notice. All written comments must be considered by the department in the formulation of its final determinations.b. The department may hold a hearing if it determines there is significant public interest in holding such a hearing. Public notice for a hearing will be made in the same manner as for a draft permit. The hearing must be before the department and must be held at least fifteen days after the public notice has been published.4. If, after review of all information received, the department approves the permit application, the department shall: a. Issue a permit if it is for the renewal of an existing solid waste management facility or a solid waste management facility operated as part of an energy conversion facility or part of a surface coal mining and reclamation operation, if the solid waste management facility disposes of only waste generated by the energy conversion facility or surface coal mining and reclamation operation; orb. Notify the board of county commissioners in which a new solid waste management facility will be located of the intent to issue a permit, and the county's opportunity to call a special election to be held within sixty days after receiving notice from the department to allow the qualified electors of the county to vote to approve or disapprove of the facility based on public interest and impact on the environment. If a majority vote to disapprove of the facility, the department may not issue the permit and the facility may not be located in that county. If the voters approve the facility or if a special election is not called, the department shall issue the permit.5. If, after review of all information received, the department makes the determination to deny the permit, the applicant shall be notified, in writing, of the denial. The department shall set forth in any notice of denial the reasons for denial. If the application is denied, the applicant may submit a new application, which will require a new public notice. A denial must be without prejudice to the applicant's right to a hearing before the department pursuant to North Dakota Century Code chapter 28-32.N.D. Admin Code 33.1-20-03.1-03
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; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-08-03, 23.1-08-09; S.L. 2017, ch. 199, § 23