§ 23.1-08-09 — Permits (Contingent expiration date - See note)

North Dakota § 23.1-08-09

• Jurisdiction: North Dakota
• Title 23.1: Environmental Quality
• Ch. 23.1-08: Solid Waste Management and Land Protection

Text

1. The department may issue permits for solid waste management facilities and solid
waste transporters. A person may not own, operate, or use a facility for solid waste
disposal or transport solid wastes without a valid permit. Upon receipt of a permit
application, the department shall give public notice, in the official newspaper of the
county in which the facility is to be located, that the department is considering an
application for a solid waste management facility. The notice must state the name of
the applicant, the location of the facility, and a description of the facility. The
department shall require as a condition of a permit for a solid waste management
facility, not owned or operated by the state or a political subdivision, that any entity that
controls the permitholder agrees to accept responsibility for any remedial measures,
closure and postclosure care, or penalties incurred by the permitholder. For purposes
of this section, "control" means ownership or control, directly, indirectly, or through the
actions of one or more persons of the power to vote twenty-five percent or more of any

class of voting shares of a permitholder, or the direct or indirect power to control in any
manner the election of a majority of the directors of a permitholder, or to direct the
management or policies of a permitholder, whether by individuals, corporations,
partnerships, trusts, or other entities or organizations of any type. All permits are
nontransferable, are for a term of not more than ten years from the date of issuance,
and are conditioned upon the observance of the laws of the state and the rules
adopted under this chapter.
2. For each permit application, the department shall notify the board of county
commissioners of a county in which a new solid waste management facility will be
located of the department's intention to issue a permit for the facility. The board of
county commissioners may call a special election to be held within sixty days after
receiving notice from the department to allow the qualified electors of the county to
vote to approve or disapprove of the facility based on public interest and impact on the
environment. If a majority of the qualified electors voting on the question in the election
vote to disapprove of the facility, the department may not issue the permit and the
facility may not be located in that county.
3. Notwithstanding subsection 2, if the new solid waste management facility will be
owned or operated by a solid waste management authority, a special election to
approve or disapprove of a facility may be called only if the boards of county
commissioners from a majority of the counties in the solid waste management district
call for a special election. However, a special election must be conducted in each
county within the authority. If a majority of the qualified electors voting on the question
in the election vote to disapprove of the facility, the department may not issue the
permit.
4. Subsections 2 and 3 do not apply to a solid waste management facility operated as
part of an energy conversion facility or part of a surface coal mining and reclamation
operation, if the solid waste management facility disposes of only waste generated by
the energy conversion facility or surface coal mining and reclamation operation.
Permits. (Contingent effective date - See note)
1. The department may issue permits for solid waste management facilities and solid
waste transporters. A person may not own, operate, or use a facility for solid waste
disposal or transport solid wastes without a valid permit. Upon receipt of a permit
application, the department shall give public notice, in the official newspaper of the
county in which the facility is to be located, that the department is considering an
application for a solid waste management facility. The notice must state the name of
the applicant, the location of the facility, and a description of the facility. The
department shall require as a condition of a permit for a solid waste management
facility, not owned or operated by the state or a political subdivision, that any entity that
controls the permitholder agrees to accept responsibility for any remedial measures,
closure and postclosure care, or penalties incurred by the permitholder. For purposes
of this section, "control" means ownership or control, directly, indirectly, or through the
actions of one or more persons of the power to vote twenty-five percent or more of any
class of voting shares of a permitholder, or the direct or indirect power to control in any
manner the election of a majority of the directors of a permitholder, or to direct the
management or policies of a permitholder, whether by individuals, corporations,
partnerships, trusts, or other entities or organizations of any type. All permits are
transferable, are for a term of not more than ten years from the date of issuance, and
are conditioned upon the observance of the laws of the state and the rules adopted
under this chapter.
2. For each permit application, the department shall notify the board of county
commissioners of a county in which a new solid waste management facility will be
located of the department's intention to issue a permit for the facility. The board of
county commissioners may call a special election to be held within sixty days after
receiving notice from the department to allow the qualified electors of the county to
vote to approve or disapprove of the facility based on public interest and impact on the

environment. If a majority of the qualified electors voting on the question in the election
vote to disapprove of the facility, the department may not issue the permit and the
facility may not be located in that county.
3. Notwithstanding subsection 2, if the new solid waste management facility will be
owned or operated by a solid waste management authority, a special election to
approve or disapprove of a facility may be called only if the boards of county
commissioners from a majority of the counties in the solid waste management district
call for a special election. However, a special election must be conducted in each
county within the authority. If a majority of the qualified electors voting on the question
in the election vote to disapprove of the facility, the department may not issue the
permit.
4. Subsections 2 and 3 do not apply to a solid waste management facility operated as
part of an energy conversion facility or part of a surface coal mining and reclamation
operation, if the solid waste management facility disposes of only waste generated by
the energy conversion facility or surface coal mining and reclamation operation.