North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-06 - Permits › Section 33-24-06-33 - Modification, revocation and reissuance, or termination of a remedial action plan

Current through Supplement No. 393, July, 2024
1. In the remedial
				action plan, the department must specify, either directly or by reference,
				procedures for future modifications, revocations and reissuance, or
				terminations of the remedial action plan. These procedures must provide
				adequate opportunities for public review and comment on any modification,
				revocation and reissuance, or termination that would significantly change the
				management of the remediation waste, or that otherwise merits public review and
				comment. If the remedial action plan has been incorporated into a traditional
				hazardous waste permit, as allowed under subdivision c of subsection 2 of
				section 33-24-06-30, then the remedial
				action plan will be modified according to the applicable requirements in
				sections 33-24-06-11,
				33-24-06-12, and
				33-24-06-14, revoked and reissued
				according to the applicable requirements in sections
				33-24-06-12 and
				33-24-06-13, or terminated
				according to the applicable requirements of section
				33-24-06-13.
2. Modifications by the department.
a. The department may modify the final
				remedial action plan on the department's own initiative only if one or more of
				the following reasons exist. If one or more of these reasons do not exist, then
				the department will not modify the final remedial action plan, except at the
				request of the owner or operator. Reasons for modification are:
(1) The owner or operator made material and
				substantial alterations or additions to the activity that justify applying
				different conditions;
(2) The
				department finds new information that was not available at the time of remedial
				action plan issuance and would have justified applying different remedial
				action plan conditions at the time of issuance;
(3) The standards or regulations on which the
				remedial action plan was based have changed because of new or amended statutes,
				standards, or regulations, or by judicial decision after the remedial action
				plan was issued;
(4) If the
				remedial action plan includes any schedules of compliance, the department may
				find reasons to modify the compliance schedule, such as an act of God, strike,
				flood, or materials shortage or other events over which the owner or operator
				have little or no control and for which there is no reasonably available
				remedy;
(5) The owner or operator
				is not in compliance with conditions of the remedial action plan;
(6) The owner or operator failed in the
				application or during the remedial action plan issuance process to disclose
				fully all relevant facts, or the owner or operator misrepresented any relevant
				facts at the time;
(7) The
				department has determined that the activity authorized by the remedial action
				plan endangers human health or the environment and can only be remedied by
				modifying; or
(8) The owner or
				operator have notified the department (as required in the remedial action plan
				under subdivision c of subsection 12 of section
				33-24-06-04) of a proposed
				transfer of a remedial action plan.