North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-06 - Permits › Section 33.1-24-06-04 - Conditions applicable to permits

Current through Supplement No. 393, July, 2024
The following conditions apply to all hazardous waste
				  permits. All conditions applicable to permits must be incorporated into the
				  permits either expressly or by reference. If incorporated by reference, a
				  specific citation to this article must be given in the permit.
1.
Duty to comply.
The permittee
				must comply with all conditions of this permit. Any permit noncompliance
				constitutes a violation of the North Dakota Century Code and is grounds for
				enforcement action; for permit termination, revocation and reissuance, or
				modification; or for denial of a permit renewal application. However, the
				permittee need not comply with the conditions of this permit to the extent and
				for the duration such noncompliance is authorized in an emergency permit. (See
				section 33.1-24-06-19.)
2.
Duty to reapply.
If the
				permittee wishes to continue an activity regulated by this permit after the
				expiration date of this permit, the permittee shall apply for and obtain a new
				permit.
3.
Need to halt or
				reduce activity not a defense.
It is not a defense for a permittee in an
				enforcement action that it would have been necessary to halt or reduce the
				permitted activity in order to maintain compliance with the conditions of this
				permit.
4.
Duty to
				mitigate.
In the event of noncompliance with the permit, the permittee
				shall take all reasonable steps to minimize releases to the environment, and
				shall carry out such measures as are reasonable to prevent any adverse impacts
				on human health or the environment.
5.
Proper operation and
				maintenance.
The permittee shall at all times properly operate and
				maintain all facilities and systems of treatment and control (and related
				appurtenances) which are installed or used by the permittee to achieve
				compliance with the conditions of this permit. Proper operation and maintenance
				include effective performance, adequate funding, adequate operator staffing and
				training, and adequate laboratory and process controls, including appropriate
				quality assurance procedures. This provision requires the operation of backup
				or auxiliary facilities or similar systems only when necessary to achieve
				compliance with the conditions of the permit.
6.
Permit actions.
This permit
				may be modified, revoked and reissued, or terminated for cause. The filing of a
				request by the permittee for a permit modification, revocation and reissuance,
				or termination, or a notification of planned changes or anticipated
				noncompliance, does not stay any permit condition.
7.
Property rights.
This permit
				does not convey any property rights of any sort or any exclusive
				privilege.
8.
Duty to provide
				information.
The permittee shall furnish to the department, within a
				reasonable time, any relevant information which the department may request to
				determine whether cause exists for modifying, revoking and reissuing, or
				terminating this permit, or to determine compliance with this permit. The
				permittee shall also furnish to the department, upon request, copies of records
				required to be kept by this permit.
9.
Inspection and entry.
The
				permittee shall allow the department, or an authorized representative, upon the
				presentation of credentials and other documents as may be required by law, to:
a. Enter at reasonable times upon the
				permittee's premises where a regulated facility or activity is located or
				conducted, or where records must be kept under the conditions of this
				permit;
b. Have access to and copy
				at reasonable times, any records that must be kept under the conditions of this
				permit;
c. Inspect at reasonable
				times any facilities, equipment (including monitoring and control equipment),
				practices, or operations regulated or required under this permit; and
d. Sample or monitor at reasonable times, for
				the purposes of assuring permit compliance or as otherwise authorized, any
				substances or parameters at any location.