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

23.1-08-09. Permits. (Contingent expiration 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

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

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.