Who to Contact:
Waste Management Division (402) 471-4210
Who Needs to Apply?
No person shall construct or operate a solid waste management facility without a permit issued by NDEQ. The types of solid waste facilities that are required to have permits are described below. Permit application procedures can be found in chapter 2 of Title 132 – Integrated Solid Waste Management Regulations.
In addition to state requirements, local siting approval is required for most solid waste facilities. (For more information, go to Local Siting Approval for Solid Waste Management Facilities.)
Before a new facility is built or before an existing facility is modified, a solid waste management permit application must be submitted to NDEQ for review. Permits for the facilities described below are issued with an expiration date. The schedule for permit renewal depends on the type of facility. Most of the solid waste facilities require the establishment of financial assurance for closure and post closure care. This must be done before the permit is issued. (For more information, go to Financial Assurance for Solid Waste Facilities – Introduction to Financial Assurance Demonstrations). There are some exemptions to permit requirements which are listed in Chapter 2 of Title 132 – Integrated Solid Waste Management Regulations.
Types of Solid Waste Management Facilities and Permitting Requirements
Municipal Solid Waste Landfill: Publicly or privately owned discrete area of land or excavation that receives household waste, alone or in combination with other types of wastes such as commercial solid waste, industrial waste, non-hazardous sludge, or conditionally exempt small quantity generator waste.
Industrial Waste Landfill: Any solid waste disposal area used for the sole purpose of disposal of industrial waste as defined in Title 132, Chapter 1.
Construction and Demolition Waste Landfill: Any solid waste disposal area used for the sole purpose of disposal of construction and demolition waste defined in Title 132, Chapter 1.
Delisted Hazardous Waste Landfill: Any solid waste disposal area used for the sole purpose of disposal of delisted waste as defined in Title 132, Chapter 1.
Fossil Fuels Combustion Ash Landfill: Any area or site used for the sole disposal of fossil fuel combustion ash (flyash, bottom ash, slag, and flue gas emission control ash generated from utility plants or other facilities in which coal is the primary fuel source).
Solid Waste Compost Facility: Any tract of land, location, area or premises used for composting solid waste.
Materials Recovery Facility: Any facility at which solid waste is processed for the purpose of resource recovery.
Solid Waste Transfer Station: Any site, location, tract of land, installation, or building that is used or intended to be used primarily for the purpose of transferring solid wastes that are generated off of the premises of the facility from vehicles or containers, into other vehicles or containers for transportation to a solid waste disposal area or solid waste processing facility.
Requirements & Timing
Solid waste management permit application forms (see links above) must be submitted to and approved by NDEQ prior to any physical, on-site construction. If local siting approval is required, the siting approval must be obtained prior to the submission of the permit application. An application fee must accompany the permit application. Application fees are based upon the type of facility and the permit activity. For more information, go to Title 132 – Integrated Solid Waste Management Regulations, Chapter 9.
- For new facilities and major modifications that involve a lateral expansion that was not previously permitted, the applicant must first obtain local siting approval, and then submit five copies of the complete permit application to NDEQ for review.
- For permit renewals and major modifications that do not require additional local siting, the applicant should submit five copies of the permit application to the Department for review.
Most of the solid waste facilities require the establishment of financial assurance for closure and post closure care. This must be done before the permit is issued.
To facilitate the submittal of a complete and accurate permit application and minimize the time it takes for NDEQ to issue the permit, the Waste Management Division strongly recommends a project planning meeting. To schedule a project-planning meeting with NDEQ call (402) 471-4210.
It typically takes from four to six months for NDEQ to complete the review and draft the permit documents. The preliminary decision to issue a permit is followed by a 30-day public comment period. If NDEQ decides to conduct a public hearing based on public requests, there would be a 30-day comment period prior to the hearing. After the public comment period and any public hearing, all comments will be considered, and staff will submit recommendations to the Director. The applicant and other interested persons shall be notified of the final decision to approve, modify or deny the permit.
Waste Tire Hauler Permits
Waste tire hauler permits are also regulated under Chapter 14 of Title 132 – Integrated Solid Waste Management Regulations. Any person, business, or other entity engaged in the business of picking up, hauling, and transporting waste tires for accumulation, processing, or recycling shall obtain a permit from the Department. These permits are valid for one year and must be renewed each calendar year before April 1. There are no permit fees. The request for renewal must be accompanied by the permitted hauler’s annual activity report indicating the quantity of tires hauled, the destination of the tires, and the end use of the tires as well as an updated permit application. Waste tire haulers are also required to maintain financial assurance. (For more information, go to Financial Assurance for Waste Tire Haulers .)