North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-07 - Permitting Procedures › Section 33.1-24-07-03 - Modification, revocation and reissuance, or termination of permits

Current through Supplement No. 393, July, 2024
1. Permits may be
				modified, revoked and reissued, or terminated either at the request of any
				interested person (including the permittee) or upon the department's
				initiative. However, permits may only be modified, revoked and reissued, or
				terminated by the department for the reasons specified in section
				33.1-24-06-12 or
				33.1-24-06-13. All requests
				shall be in writing and shall contain facts or reasons supporting the
				request.
2. If the department
				decides the request is not justified, the department shall send the requester a
				brief written response giving a reason for the decision. Denials of requests
				for modification, revocation and reissuance, or termination are not subject to
				public notice, comments, or hearings. Denials by the department may be
				informally appealed to the department by letter briefly setting forth the
				relevant facts. The department may then begin modification, revocation and
				reissuance, or termination proceedings under subsection 3. The appeal shall be
				considered denied if the department takes no action on the letter within sixty
				days after receiving it.
3.
				Requirements to modify or revoke.
a. If the
				department tentatively decides to modify or revoke and reissue a permit under
				section 33.1-24-06-12 (other than
				subdivision c of subsection 2 of section
				33.1-24-06-12) or subsection 3
				of section
				33.1-24-06-14, the department
				shall prepare a draft permit under section
				33.1-24-07-04 incorporating the
				proposed changes. The department may request additional information and, in the
				case of a modified permit, may require the submission of an updated permit
				application. In the case of revoked and reissued permits, other than under
				subdivision c of subsection 2 of section
				33.1-24-06-12, the department
				shall require the submission of a new application. In the case of revoked and
				reissued permits under subdivision c of subsection 2 of section
				33.1-24-06-12, the department
				and the permittee shall comply with the appropriate requirements in sections
				33.1-24-07-40 through
				33.1-24-07-54 for hazardous
				waste standardized permits.
b. In a
				permit modification under this section, only those conditions to be modified
				shall be reopened when a new draft permit is prepared. All other aspects of the
				existing permit shall remain in effect for the duration of the unmodified
				permit. When a permit is revoked and reissued under this section, the entire
				permit is reopened just as if the permit had expired and was being reissued.
				During any revocation and reissuance proceeding, the permittee shall comply
				with all conditions of the existing permit until a new final permit is
				reissued.
c. "Class 1 and 2
				modifications" as defined in section
				33.1-24-06-14 are not subject to
				the requirements of this section.