North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-07 - Permitting Procedures › Section 33-24-07-25 - Preapplication public meeting and notice

Current through Supplement No. 393, July, 2024
1.
				Applicability. The requirements of this section apply to all hazardous waste
				part B applications seeking initial permits for hazardous waste management
				units. The requirements of this section also apply to hazardous waste part B
				applications seeking renewal of permits for such units, where the renewal
				application is proposing a significant change in facility operations. For the
				purposes of this section, a "significant change" is any change that would
				qualify as a class 3 permit modification under section
				33-24-06-14. The requirements of
				this section also apply to hazardous waste management facilities for which
				facility owners or operators are seeking coverage under a hazardous waste
				standardized permit (see sections 33-24-06-45 through 33-24-06-85), including
				renewal of a standardized permit for such units, where the renewal is proposing
				a significant change in facility operations, as defined at subsection 3 of
				section 33-24-07-51. The requirements of this section do not apply to permit
				modifications under section
				33-24-06-14 or to applications
				that are submitted for the sole purpose of conducting postclosure activities or
				postclosure activities and corrective action at a facility.
2. Prior to the submission of a part B
				hazardous waste permit application for a facility, or to the submission of a
				written notice of intent to be covered by a hazardous waste standardized permit
				(see sections 33-24-06-45 through 33-24-06-85), the applicant must hold at
				least one meeting with the public in order to solicit questions from the
				community and inform the community of proposed hazardous waste management
				activities. The applicant shall post a sign-in sheet or otherwise provide a
				voluntary opportunity for attendees to provide their names and
				addresses.
3. The applicant shall
				submit a summary of the meeting, along with the list of attendees and their
				addresses developed under subsection 2, and copies of any written comments or
				materials submitted at the meeting, to the department as a part of the part B
				application, in accordance with subsection 2 of section
				33-24-06-17, or with the written
				notice of intent to be covered by a hazardous waste standardized permit (see
				sections 33-24-06-45 through 33-24-06-85).
4. The applicant shall provide public notice
				of the preapplication meeting at least thirty days prior to the meeting. The
				applicant shall maintain, and provide to the department upon request,
				documentation of the notice.
a. The applicant
				shall provide public notice in all of the following forms:
(1) A newspaper advertisement. The applicant
				shall publish a notice, fulfilling the requirements in subdivision b, in a
				newspaper of general circulation in the county or equivalent jurisdiction that
				hosts the proposed location of the facility. In addition, the department shall
				instruct the applicant to publish the notice in newspapers of general
				circulation in adjacent counties or equivalent jurisdictions, where the
				department determines that such publication is necessary to inform the affected
				public. The notice must be published as a display advertisement.
(2) A visible and accessible sign. The
				applicant shall post a notice on a clearly marked sign at or near the facility,
				fulfilling the requirements in subdivision b. If the applicant places the sign
				on the facility property, then the sign must be large enough to be readable
				from the nearest point where the public would pass by the site.
(3) A broadcast media announcement. The
				applicant shall broadcast a notice, fulfilling the requirements in subdivision
				b, at least once on at least one local radio station or television station. The
				applicant may employ another medium with prior approval of the department.
(4) A notice to the department.
				The applicant shall send a copy of the newspaper notice to the department and
				to the appropriate units of state and local government, in accordance with
				subdivision b of subsection 3 of section
				33-24-07-06.