N.D. Admin. Code § 33.1-24-06-17
1. Part A of the application must include the following information: a. The activities conducted by the applicant which require it to obtain a hazardous waste permit. b. Name, mailing address, and location of the facility for which the application is submitted. c. Up to four standard industrial codes which best reflect the principal products or services provided by the facility. d. The operator's name, address, telephone number, ownership status and status as a federal, state, private, public, or other entity. e. A listing of all permits or construction approvals at all governmental levels received or applied for under any of the following programs: (1) Hazardous waste management program under the Resource Conservation and Recovery Act. (2) Underground injection control program under the Safe Drinking Water Act. (3) North Dakota pollutant discharge elimination system program under the Clean Water Act.
(4) Prevention of significant deterioration program under the Clean Air Act. (5) Nonattainment program under the Clean Air Act. (6) National emissions standards for hazardous air pollutants preconstruction approval under the Clean Air Act. (7) Dredge or fill permits under section 404 of the Clean Water Act. (8) Other relevant environmental permits. f. A topographic map (or other map if a topographic map is unavailable), extending one mile [1.61 kilometers] beyond the property boundaries of the source, depicting the facility and each of its intake and discharge structures; each of its hazardous waste treatment, storage, or disposal facilities; each well where fluids from the facility are injected underground; and those wells, springs, other surface water bodies, and drinking water wells listed in public records or otherwise known to the applicant in the map area. g. A brief description of the nature of the business. h. The latitude and longitude of the facility. i. The name, address, and telephone number of the owner of the facility. j. An indication of whether the facility is new or existing and whether it is a first or revised application. k. For existing facilities, a scale drawing of the facility showing the location of all past, present, and future treatment, storage, and disposal areas. l. For existing facilities, photographs of the facility clearly delineating all existing structures; existing treatment, storage, and disposal areas; and types of future treatment, storage, and disposal areas. m. A description of the processes to be used for treating, storing, and disposing of hazardous waste, and the design capacity of these items. n. A specification of the hazardous wastes listed or designated under chapter 33.1-24-02 to be treated, stored, or disposed at the facility; an estimate of the quantity of such waste to be treated, stored, or disposed annually; and a general description of the processes to be used for such wastes. o. For hazardous debris, a description of the debris categories and contaminant categories to be treated, stored, or disposed of at the facility.
2. The information requirements for part B of the permit application presented below reflect the standards in chapter 33.1-24-05. These information requirements are necessary in order for the department to determine compliance with chapter 33.1-24-05 standards. If owners and operators of hazardous waste management facilities can demonstrate that the information required for part B of the application cannot be provided to the extent required, the department may make allowances for submission of such information on a case-by-case basis. Information required for part B of the application must be submitted to the department and signed in accordance with requirements in section 33.1-24-06-03. Certain technical data, such as design drawings and specifications, and engineering studies must be certified by a qualified professional engineer. Part B of the application includes the following (information in subdivisions a through r is required for all hazardous waste management facilities except as section 33.1-24-05-01 provides otherwise; that in subdivisions s through y and hh is additional
information required for specific types of facilities; and that in subdivisions z through gg is additional information regarding protection of ground water, and is required for surface impoundments, piles, land treatment units, and landfills, except as otherwise provided in subsection 2 of section 33.1-24-05-47):
a. General description of the facility.
b. Chemical and physical analyses of the hazardous waste and hazardous debris to be handled at the facility. At a minimum, these analyses must contain all the information which must be known to treat, store, or dispose of the wastes properly in accordance with chapter 33.1-24-05.
c. A copy of the waste analysis plan required by subsection 2 of section 33.1-24-05-04 and, if applicable, subsection 3 of section 33.1-24-05-04.
d. A description of the security procedures and equipment required by section 33.1-24-05-05, or a justification demonstrating the reason for requesting a waiver of this requirement.
e. A copy of the general inspection schedule required by subsection 2 of section 33.1-24-05-06; include, where applicable, as part of the inspection schedule, specific requirements in section 33.1-24-05-93, subsection 9 of section 33.1-24-05-106, sections 33.1-24-05-108, 33.1-24-05-120, 33.1-24-05-132, 33.1-24-05-163, 33.1-24-05-178, 33.1-24-05-302, 33.1-24-05-403, 33.1-24-05-422, 33.1-24-05-423, 33.1-24-05-428, 33.1-24-05-454, 33.1-24-05-455, 33.1-24-05-456, and 33.1-24-05-458.
f. A justification of any request for waivers of the preparedness and prevention requirements of sections 33.1-24-05-15 through 33.1-24-05-25.
g. A copy of the contingency plan required by sections 33.1-24-05-26 through 33.1-24-05-36. Include, where applicable, as part of the contingency plan, specific requirements in sections 33.1-24-05-98 and 33.1-24-05-121.
h. A description of procedures, structures, or equipment used at the facility to:
(1) Prevent hazards in unloading operations, for example, ramps and special forklifts;
(2) Prevent runoff from hazardous waste handling areas to other areas of the facility or environment, or to prevent flooding, for example, berms, dikes, and trenches;
(3) Prevent contamination of water supplies;
(4) Mitigate effects of equipment failure and power outages;
(5) Prevent undue exposure of personnel to hazardous waste (for example, protective clothing); and
(6) Prevent releases to atmosphere.
i. A description of precautions to prevent accidental ignition or reaction of ignitable, reactive, or incompatible wastes as required to demonstrate compliance with section 33.1-24-05-08, including documentation demonstrating compliance with subsection 3 of section 33.1-24-05-08.
j. Traffic pattern, estimated volume (number, type of vehicles) and control, for example, show turns across traffic lanes and stacking lanes, if appropriate; describe access road, surfacing and load-bearing capacity; show traffic control signals.
k. [Reserved].
l. An outline of both the introductory and continuing programs by owners or operators to prepare persons to operate and maintain a hazardous waste management facility in a safe manner as required to demonstrate compliance with section 33.1-24-05-07. A brief description of how training will be designed to meet actual job tasks in accordance with requirements in subdivision c of subsection 1 of section 33.1-24-05-07. m. A copy of the closure plan and where applicable, the postclosure plan required by sections 33.1-24-05-61, 33.1-24-05-67, and 33.1-24-05-110. Include, where applicable, as part of the plans, specific requirements in sections 33.1-24-05-97, 33.1-24-05-110, 33.1-24-05-122, 33.1-24-05-135, 33.1-24-05-151, 33.1-24-05-167, 33.1-24-05-180, 33.1-24-05-301, and 33.1-24-05-303. n. For hazardous waste disposal units that have been closed, documentation that notices required under section 33.1-24-05-68 have been filed. o. The most recent closure and, where applicable, postclosure cost estimate for the facility prepared in accordance with section 33.1-24-05-76 and a copy of the documentation required to demonstrate financial assurance under section 33.1-24-05-77. For a new facility, a copy of the required documentation may be submitted sixty days prior to the initial receipt of hazardous waste, if that is later than the submission of the part B application. p. Where applicable, a copy of the insurance policy or other documentation which comprises compliance with the requirements of section 33.1-24-05-79. For a new facility, documentation showing the amount of insurance meeting the specification of subsection 1, and subsection 2, if applicable, of section 33.1-24-05-79, that the owner or operator plans to have in effect before initial receipt of hazardous waste for treatment, storage, or disposal. A request for a variance in the amount of required coverage, for a new or existing facility, may be submitted as specified in subsection 3 of section 33.1-24-05-79. q. A topographic map showing a distance of one thousand feet [304.8 meters] around the facility at a scale of two and five-tenths centimeters [1 inch] equal to not more than sixty-one meters [200 feet]. (The department may allow the use of other scales on a case-by-case basis.) Contours must be shown on the map. The contour interval must be sufficient to clearly show the pattern of surface water flow in the vicinity of and from each operational unit of the facility. For example, contours with an interval of one and five-tenths meters [5 feet], if relief is greater than six and one-tenth meters [20 feet], or an interval of six-tenths meter [2 feet], if relief is less than six and one-tenth meters [20 feet]. Owners and operators of hazardous waste management facilities located in mountainous areas should use larger contour intervals to adequately show topographic profiles of the facilities. The map must clearly show the following:
(1) Map scale and date. (2) One hundred-year floodplain area. (3) Surface waters including intermittent streams. (4) Surrounding land uses (residential, commercial, agricultural, recreational). (5) A wind rose, for example, prevailing wind speed and direction. (6) Orientation of the map (north arrow).
(4) Where incompatible wastes are stored or otherwise managed in containers, a description of the procedures used to ensure compliance with subsections 1 and 2 of section 33.1-24-05-96 and subsections 2 and 3 of section 33.1-24-05-08.
(5) Information on air emission control equipment as required in subdivision hh.