North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-20 - SOLID WASTE MANAGEMENT AND LAND PROTECTION › Chapter 33.1-20-08 - DISPOSAL OF COAL COMBUSTION RESIDUALS IN LANDFILLS AND SURFACE IMPOUNDMENTS › Section 33.1-20-08-08 - Recordkeeping, notification, and posting of information to the internet

Current through Supplement No. 393, July, 2024
1. Recordkeeping requirements.
a. Each owner or operator of a CCR unit
				subject to the requirements of this chapter shall maintain files of all
				information required by this section in a written operating record at their
				facility.
b. Unless specified
				otherwise, each file must be retained for at least five years following the
				date of each occurrence, measurement, maintenance, corrective action, report,
				record, or study.
c. An owner or
				operator of more than one CCR unit subject to the provisions of this chapter
				may comply with the requirements of this section in one recordkeeping system
				provided the system identifies each file by the name of each CCR unit. The
				files may be maintained on microfilm, on a computer, on computer disks, on a
				storage system accessible by a computer, on magnetic tape disks, or on
				microfiche.
d. The owner or
				operator of a CCR unit subject to this chapter shall submit to the department
				any demonstration or documentation required by this chapter, if
				requested.
e. Location standards.
				The owner or operator of a CCR unit subject to this chapter shall place the
				demonstrations documenting whether or not the CCR unit is in compliance with
				the requirements under subsections 1 through 5 of section 33.1- 20-08-03, as
				they become available, in the facility's operating record.
f. Design criteria. The owner or operator of
				a CCR unit subject to this chapter shall place the following information, as it
				becomes available, in the facility's operating record:
(1) The design and construction
				certifications as required by subdivisions b and c of subsection 1 of section
				33.1-20-08-04.
(2) The
				documentation of liner type as required by paragraph 1 of subdivision a of
				subsection 2 of section 33.1-20-08-04.
(3) The design and construction
				certifications as required by paragraphs 2 and 3 of subdivision b of subsection
				2 of section 33.1-20-08-04.
(4)
				Documentation prepared by the owner or operator stating that the permanent
				identification marker was installed as required by paragraph 1 of subdivision a
				of subsection 3 of section 33.1-20-08-04.
(5) The initial and periodic hazard potential
				classification assessments as required by paragraph 2 of subdivision a of
				subsection 3 of section 33.1-20- 08-04.
(6) The emergency action plan, and any
				amendment of the emergency action plan, as required by paragraph 3 of
				subdivision a of subsection 3 of section 33.1-20- 08-04, except that only the
				most recent emergency action plan must be maintained in the facility's
				operating record and publicly accessible CCR website.
(7) Documentation prepared by the owner or
				operator recording the annual face-to-face meeting or exercise between
				representatives of the owner or operator of the CCR unit and the local
				emergency responders as required by item 5 of subparagraph a of paragraph 3 of
				subdivision a of subsection 3 of section 33.1-20-08-04.
(8) Documentation prepared by the owner or
				operator recording all activations of the emergency action plan as required by
				subparagraph e of paragraph 3 of subdivision a of subsection 3 of section
				33.1-20-08-04.
(9) The history of
				construction, including design and construction plans, and any revisions of it,
				as required by subdivision c of subsection 3 of section 33.1-20-08-04, except
				that these files must be maintained until the CCR unit completes closure of the
				unit in accordance with subsection 3 of section 33.1-20-08-07.
(10) The initial and periodic structural
				stability assessments as required by subdivision d of subsection 3 of section
				33.1-20-08-04.
(11) Documentation
				detailing the corrective measures taken to remedy the deficiency or release as
				required by paragraph 2 of subdivision d of subsection 3 of section
				33.1-20-08-04.
(12) The initial and
				periodic safety factor assessments as required by paragraph 2 of subdivision e
				of subsection 3 of section 33.1-20-08-04.
g. Operating criteria. The owner or operator
				of a CCR unit subject to this chapter must place the following information, as
				it becomes available, in the facility's operating record:
(1) The CCR fugitive dust control plan, and
				any subsequent amendment of the plan, required by subdivision b of subsection 1
				of section 33.1-20-08-05, except that only the most recent control plan must be
				maintained in the facility's operating record and publicly accessible CCR
				website.
(2) The annual CCR
				fugitive dust control report required by subdivision c of subsection 1 of
				section 33.1-20-08-05.
(3) The
				initial and periodic run-on and run-off control system plans as required by
				subdivision c of subsection 2 of section 33.1-20-08-05.
(4) The initial and periodic inflow design
				flood control system plan as required by subdivision c of subsection 3 of
				section 33.1-20-08-05.
(5)
				Documentation recording the results of each impoundment inspection and
				instrumentation monitoring by a qualified person as required by subdivision a
				of subsection 4 of section 33.1-20-08-05.
(6) The periodic impoundment inspection
				report as required by paragraph 2 of subdivision b of subsection 4 of section
				33.1-20-08-05.
(7) Documentation
				detailing the corrective measures taken to remedy the deficiency or release as
				required by paragraph 5 of subdivision b of subsection 4 of section
				33.1-20-08-05 and by paragraph 5 of subdivision b of subsection 5 of section
				33.1-20-08-05.
(8) Documentation
				recording the results of the weekly landfill inspection by a qualified person
				as required by subdivision a of subsection 5 of section 33.1-
				20-08-05.
(9) The periodic landfill
				inspection report as required by paragraph 2 of subdivision b of subsection 5
				of section 33.1-20-08-05.
h. Ground water monitoring and corrective
				action. The owner or operator of a CCR unit subject to this chapter shall place
				the following information, as it becomes available, in the facility's operating
				record:
(1) The annual ground water
				monitoring and corrective action report as required by subdivision e of
				subsection 1 of section 33.1-20-08-06.
(2) Documentation of the design,
				installation, development, and decommissioning of any monitoring wells;
				piezometers; and other measurement, sampling, and analytical devices as
				required by paragraph 1 of subdivision e of subsection 2 of section
				33.1-20-08-06.
(3) The ground water
				monitoring system certification as required by subdivision f of subsection 2 of
				section 33.1-20-08-06.
(4) The
				selection of a statistical method certification as required by paragraph 6
				subdivision f of subsection 3 of section 33.1-20-08-06.
(5) Within thirty days of establishing an
				assessment monitoring program, the notification as required by paragraph 3
				subdivision e of subsection 4 of section 33.1-20-08-06.
(6) The results of appendices I and II to
				this chapter constituent concentrations as required by paragraph 1 subdivision
				d of subsection 5 of section 33.1-20- 08-06.
(7) Within thirty days of returning to a
				detection monitoring program, the notification as required by subdivision e of
				subsection 5 of section 33.1-20-08- 06.
(8) Within thirty days of detecting one or
				more constituents in appendix II to this chapter at statistically significant
				levels above the ground water protection standard, the notifications as
				required by subdivision g of subsection 5 of section 33.1-20-08-06.
(9) Within thirty days of initiating the
				assessment of corrective measures requirements, the notification as required by
				paragraph 5 subdivision g of subsection 5 of section 33.1-20-08-06.
(10) The completed assessment of corrective
				measures as required by subdivision d of subsection 6 of section
				33.1-20-08-06.
(11) Documentation
				prepared by the owner or operator recording the public meeting for the
				corrective measures assessment as required by subdivision e of subsection 6 of
				section 33.1-20-08-06.
(12) The
				semiannual report describing the progress in selecting and designing the remedy
				and the selection of remedy report as required by subdivision a of subsection 7
				of section 33.1-20-08-06, except that the selection of remedy report must be
				maintained until the remedy has been completed.
(13) Within thirty days of completing the
				remedy, the notification as required by subdivision e of subsection 8 of
				section 33.1-20-08-06.
(14) The
				demonstration, including long-term performance data, supporting the suspension
				of ground water monitoring requirements as required by subdivision f of
				subsection 1 of section 33.1-20-08-06.
(15) The notification of discovery of a
				nonground water release as required by paragraph 1 subdivision c of subsection
				9 of section 33.1-20-08-06.
(16)
				The report documenting the completion of the corrective action as required by
				paragraph 2 of subdivision c of subsection 9 of section
				33.1-20-08-06.
i.
				Closure and postclosure care. The owner or operator of a CCR unit subject to
				this chapter shall place the following information, as it becomes available, in
				the facility's operating record:
(1) The
				notification of intent to initiate closure of the CCR unit as required by
				paragraph 1 of subdivision b of subsection 1 of section 33.1-20-08-07 and
				subdivision g of subsection 3 of section 33.1-20-08-07.
(2) The annual progress reports of closure
				implementation as required by paragraph 2 of subdivision d of subsection 4 of
				section 33.1-20-08-07.
(3) The
				notification of closure completion as required by subdivision h of subsection 3
				of section 33.1-20-08-07.
(4) The
				written closure plan, and any amendment of the plan, as required by subdivision
				b of subsection 3 of section 33.1-20-08-07, except that only the most recent
				closure plan must be maintained in the facility's operating record and publicly
				accessible CCR website.
(5) The
				written demonstrations, including the certification required by paragraph 3 of
				subdivision e of subsection 3 of section 33.1-20-08-07, for a time extension
				for initiating closure as required by subparagraph c of paragraph 3 of
				subdivision e of subsection 3 of section 33.1-20-08-07.
(6) The written demonstrations, including the
				certification required by paragraph 4 of subdivision f of subsection 3 of
				section 33.1-20-08-07, for a time extension for initiating closure as required
				by subparagraph d of paragraph 2 of subdivision f of subsection 3 of section
				33.1-20-08-07.
(7) The notification
				of intent to close a CCR unit as required by subdivision g of subsection 3 of
				section 33.1-20-08-07.
(8) The
				notification of completion of closure of a CCR unit as required by subdivision
				h of subsection 3 of section 33.1-20-08-07.
(9) The notification recording a notation on
				the deed as required by subdivision i of subsection 3 of section
				33.1-20-08-07.
(10) The
				notification of intent to comply with the alternative closure requirements as
				required by paragraph 1 of subdivision d of subsection 4 of section 33.1-
				20-08-07.
(11) The annual progress
				reports under the alternative closure requirements as required by paragraph 2
				of subdivision d of subsection 4 of section 33.1-20- 08-07.
(12) The written postclosure plan, and any
				amendment of the plan, as required by subdivision d of subsection 5 of section
				33.1-20-08-07, except that only the most recent closure plan must be maintained
				in the facility's operating record and publicly accessible CCR
				website.
(13) The notification of
				completion of postclosure care period as required by subdivision e of
				subsection 5 of section 33.1-20-08-07.
(14) The demonstration, including long-term
				performance data supporting the reduced postclosure care period as required by
				paragraph 3 of subdivision c of subsection 5 of section
				33.1-20-08-07.
j.
				Retrofit criteria. The owner or operator of a CCR unit subject to this chapter
				shall place the following information, as it becomes available, in the
				facility's operating record:
(1) The written
				retrofit plan, and any amendment of the plan, as required by paragraph 2 of
				subdivision j of subsection 3 of section 33.1-20-08-07, except that only the
				most recent retrofit plan must be maintained in the facility's operating record
				and publicly accessible CCR website.
(2) The notification of intent that the
				retrofit activities will proceed in accordance with the alternative procedures
				as required by paragraph 1 of subdivision d of subsection 4 of section
				33.1-20-08-07.
(3) The annual
				progress reports required under the alternative requirements as required by
				paragraph 2 of subdivision d subsection 4 of section 33.1-20-08- 07.
(4) The written demonstrations, including the
				certification in paragraph 4 of subdivision f of subsection 3 of section
				33.1-20-08-07, for a time extension for completing retrofit activities as
				required by paragraph 3 of subdivision j of subsection 3 of section
				33.1-20-08-07.
(5) The notification
				of intent to initiate retrofit of a CCR unit as required by paragraph 5 of
				subdivision j of subsection 3 of section 33.1-20-08-07.
(6) The notification of completion of
				retrofit activities as required by paragraph 6 of subdivision j of subsection 3
				of section 33.1-20-08-07.