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 33.1-24-07-25 - 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
				33.1-24-06-14. 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
				33.1-24-06-45 through
				33.1-24-06-85), 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 33.1-24-07-51. The requirements
				of this section do not apply to permit modifications under section
				33.1-24-06-14 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
				33.1-24-06-45 through
				33.1-24-06-85), 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
				33.1-24-06-17, or with the
				written notice of intent to be covered by a hazardous waste standardized permit
				(see sections
				33.1-24-06-45 through
				33.1-24-06-85).
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
				33.1-24-07-06.