§ 23.1-04-08 — Permits

1. A person may not construct, substantially alter, or operate any hazardous waste
treatment, storage, or disposal facility, nor may any person treat, store, or dispose of
any hazardous waste without obtaining a permit from the department for the facility or
activity. A hazardous waste treatment, storage, or disposal facility may not be issued a
permit unless the applicant demonstrates to the satisfaction of the department that a
need for the facility exists and the facility can comply with all applicable requirements
under this chapter.
2. Permits must contain the terms and conditions the department deems necessary.
3. Permits must be issued for a period of five years.
4. Any permit issued under this section may be revoked by the department according to
the rules adopted under subsection 3 of section 23.1-04-05 at any time if the permittee
fails to comply with the terms and conditions of the permit, or with applicable
requirements under this chapter.
5. If a permit applicant proposes modifications of an existing facility or the department
determines modifications are necessary to conform to the requirements established
under this chapter, the permit must specify the time allowed to complete the
modifications.

6. a. Before the issuing of a permit the department shall:
(1) Publish in the official county newspaper of the county in which the proposed
facility will be located and in major local newspapers of general circulation
and broadcast over local radio stations notice of the department's intention
to issue the permit; and
(2) Transmit in writing notice of the department's intention to issue the permit to
each unit of local government having jurisdiction over the area in which the
facility is proposed to be located and to each state agency having any
authority under state law regarding the construction or operation of the
facility.
b. If within forty-five days the department receives written notice of opposition to the
department's intention to issue a permit and a request for a hearing, or if the
department determines on its own initiative, the department shall hold an informal
public hearing, including an opportunity for presentation of written and oral views,
on whether the department should issue a permit for the proposed facility.
Whenever possible the department shall schedule the hearing at a location
convenient to the nearest population center to the proposed facility. Notice of the
hearing must be published in the manner provided in subdivision a. The notice
must contain the date, time, place, and subject matter of the hearing.
7. Any facility required to have a permit under this chapter is exempt from the permit
requirements of chapter 23.1-08.
8. Any facility required to have a permit under this section which was in existence on
July 1, 1981, or the effective date of any statutory or regulatory change in the
hazardous waste management which requires the facility to have a permit, and has
made an application for a permit under this section must be treated as having been
issued the permit until the final administrative disposition of the application is made.