reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-20 - SOLID WASTE MANAGEMENT AND LAND PROTECTION › Chapter 33.1-20-11 - Landfill Disposal Of Technologically Enhanced Naturally Occurring Radioactive Material Waste › Section 33.1-20-11-01 - Radioactive waste disposal

Current through Supplement No. 393, July, 2024
Disposal of radioactive waste subject to regulation under
				  chapter 33.1-10-23, meeting the definition of TENORM, into special waste or
				  industrial waste landfills shall comply with the following requirements and
				  limitations:
1. TENORM waste up to,
				but not exceeding 50.0 picocuries per gram of radium-226 plus radium-228, may
				be disposed in a landfill which complies with 33.1-20-07.1 or 33.1-20-10,
				except that the accumulated amount must not exceed twenty-five thousand tons
				[22,679.22 metric tons] per year or three thousand tons [2,721.55 metric tons]
				in any one month unless larger amounts in one month resulting from special
				cleanup projects are preapproved by the department. Drums or shipping
				containers of TENORM waste which are not of uniform concentration must not
				exceed an average concentration of 50.0 picocuries per gram of radium-226 plus
				radium-228.
2. Equipment
				contaminated with TENORM which does not exceed a maximum exposure level of one
				hundred microroentgen per hour, including background radiation, at any
				accessible location may be disposed in a landfill which complies with
				33.1-20-07.1 or 33.1-20-10.
3.
				TENORM waste must be covered by at least one foot of non-TENORM waste or daily
				cover material by the end of each operating day. For landfills that operate
				continuously (twenty-four hours per day), all TENORM waste shall be covered at
				least once every twenty-four hour period.
4. TENORM waste must be disposed at depth
				greater than ten feet below the surface of the final landfill cover.
5. For a landfill that is subject to
				33.1-20-07.1, if any part of the final cover has slope greater than fifteen
				percent, then the final cover must have an additional two feet of low
				permeability soil, for a total minimum cover thickness of five feet.
General Authority:
NDCC 23.1-03-04,
					 23.1-08-03; S.L.2017, ch.199, § 1
Law Implemented:
NDCC 23.1-03-03, 23.1-03-04,
					 23.1-08-03; S.L.2017, ch.199, §§ 18,
					 23
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-20 - SOLID WASTE MANAGEMENT AND LAND PROTECTION › Chapter 33.1-20-11 - Landfill Disposal Of Technologically Enhanced Naturally Occurring Radioactive Material Waste › Section 33.1-20-11-02 - Prohibition

Current through Supplement No. 393, July, 2024
Disposal of TENORM waste subject to regulation under article
				  33.1-10 is prohibited in all municipal solid waste landfills and inert
				  landfills. Disposal of radioactive waste subject to regulation under 33.1-10,
				  which does not meet the definition of TENORM, or TENORM waste that is greater
				  than 50.0 picocuries per gram of radium-226 plus radium-228 is prohibited in
				  all landfills. If prohibited TENORM waste is delivered to a landfill for
				  disposal, the waste must be rejected. The owner or operator of the landfill
				  shall note the source, amount, generator, and other identifying information
				  about the rejected waste and shall notify the department within five days of
				  the rejection of such material.
General Authority:
NDCC 23.1-03-04,
					 23.1-08-03; S.L.2017, ch.199, § 1
Law Implemented:
NDCC 23.1-03-03, 23.1-03-04,
					 23.1-08-03; S.L.2017, ch.199, §§ 18,
					 23
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-20 - SOLID WASTE MANAGEMENT AND LAND PROTECTION › Chapter 33.1-20-11 - Landfill Disposal Of Technologically Enhanced Naturally Occurring Radioactive Material Waste › Section 33.1-20-11-03 - Authorization

Current through Supplement No. 393, July, 2024
Approval for acceptance of TENORM waste by a landfill not
				  previously authorized to accept such waste in its permit shall follow
				  procedures in section 33.1-20-02.1-07. The facility is also subject to
				  applicable approval and licensure requirements of chapter 33.1-10-23.
General Authority:
NDCC 23.1-03-04,
					 23.1-08-03;
					 S.L.
					 2017, ch. 199,
					 §
												1
Law Implemented:
NDCC 23.1-03-03, 23.1-03-04,
					 23.1-08-03;
					 S.L.
					 2017, ch. 199,
					 §§
												18,
					 23
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-20 - SOLID WASTE MANAGEMENT AND LAND PROTECTION › Chapter 33.1-20-11 - Landfill Disposal Of Technologically Enhanced Naturally Occurring Radioactive Material Waste › Section 33.1-20-11-04 - Monitoring

Current through Supplement No. 393, July, 2024
The leachate collection system and ground water monitoring
				  network shall be analyzed for background concentration of radionuclide
				  parameters prior to receipt of any TENORM waste. Leachate shall be analyzed for
				  radionuclides at the same frequency as ground water samples are collected. If
				  radionuclides are detected in the leachate at a concentration greater than the
				  concentrations listed below, then the ground water monitoring network must
				  begin analysis for radionuclide parameters.
Radon: 4,000 picocuries per liter (pCi/L).
Combined radium-226 and radium-228: 5 pCi/L.
Alpha particle activity (including radium-226, excluding
				  radon and uranium): 15 pCi/L.
Uranium: 30 micrograms per liter (ug/L).
General Authority:
NDCC 23.1-03-04,
					 23.1-08-03; S.L.2017, ch.199, § 1
Law Implemented:
NDCC 23.1-03-03, 23.1-03-04,
					 23.1-08-03; S.L.2017, ch.199, §§ 18,
					 23
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-20 - SOLID WASTE MANAGEMENT AND LAND PROTECTION › Chapter 33.1-20-11 - Landfill Disposal Of Technologically Enhanced Naturally Occurring Radioactive Material Waste › Section 33.1-20-11-05 - Reporting

Current through Supplement No. 393, July, 2024
Landfills approved for the disposal of TENORM waste shall
				  file with the department a quarterly summary report stating the date, type, and
				  total quantity by weight in tons, generator, and final disposal facility of
				  each TENORM transferred. Each report shall be filed within thirty days of the
				  end of each quarter. If no transfers of TENORM have been made during the
				  reporting period, the report must so indicate.
General Authority:
NDCC 23.1-03-04,
					 23.1-08-03; S.L.2017, ch.199, § 1
Law Implemented:
NDCC 23.1-03-03, 23.1-03-04,
					 23.1-08-03; S.L.2017, ch.199, §§ 18,
					 23
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-20 - SOLID WASTE MANAGEMENT AND LAND PROTECTION › Chapter 33.1-20-11 - Landfill Disposal Of Technologically Enhanced Naturally Occurring Radioactive Material Waste › Section 33.1-20-11-06 - Worker training and safety

Current through Supplement No. 393, July, 2024
Landfills approved for the disposal of TENORM waste shall
				  implement a worker training program and safety program to meet the requirements
				  of section
				  33.1-10-23-27, so that
				  protection of workers complies with radiation protection standards of
				  33.1-10-04.2 and 33.1-10-10.1. The training and safety program shall be
				  approved by the department prior to receipt of any TENORM
				  waste.
General Authority:
NDCC 23.1-03-04,
					 23.1-08-03; S.L.2017, ch.199, § 1
Law Implemented:
NDCC 23.1-03-03, 23.1-03-04,
					 23.1-08-03; S.L.2017, ch.199, §§ 18,
					 23
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-20 - SOLID WASTE MANAGEMENT AND LAND PROTECTION › Chapter 33.1-20-11 - Landfill Disposal Of Technologically Enhanced Naturally Occurring Radioactive Material Waste › Section 33.1-20-11-07 - Record of notice

Current through Supplement No. 393, July, 2024
The records of notice required by section 33.1-20-02.1-05
				  shall specify that the landfill is approved to accept TENORM waste. The final
				  record of notice shall indicate the total quantity of TENORM waste disposed in
				  the landfill.
General Authority:
NDCC 23.1-03-04,
					 23.1-08-03;
					 S.L.
					 2017, ch. 199,
					 §
												1
Law Implemented:
NDCC 23.1-03-03, 23.1-03-04,
					 23.1-08-03;
					 S.L.
					 2017, ch. 199,
					 §§
												18,
					 23
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-20 - SOLID WASTE MANAGEMENT AND LAND PROTECTION › Chapter 33.1-20-12 - REGULATED INFECTIOUS WASTE › Section 33.1-20-12-02 - Management standards

Current through Supplement No. 393, July, 2024
Every person who collects, stores, transports, treats, or
				  disposes of regulated infectious waste shall comply with these standards of
				  performance.
1. At the point of
				origin, regulated infectious waste must be separated from other wastes and
				placed in distinctive containers which do not leak and which are impervious,
				puncture resistant, and tear resistant and which contain obvious markings (for
				example, red or orange plastic bags or the biohazard label). Bags and
				containers holding regulated infectious waste must be tied, closed, or sealed
				securely to prevent leakage. Prior to shipment offsite, all containers must
				comply with all appropriate federal and state department of transportation
				packaging and labeling requirements.
2. At the point of origin, sharps must be:
a. Separated from other regulated infectious
				waste, disinfected onsite, rendered nonsharp onsite, and then disposed;
				or
b. Placed in containers
				containers that are:
(1) Closable;
(2) Puncture resistant;
(3) Leak-proof on sides and bottom;
				and
(4) Labeled or color-coded in
				accordance with
				29 CFR
				1910.1030 and handled as required by
				subsection 5.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-20 - SOLID WASTE MANAGEMENT AND LAND PROTECTION › Chapter 33.1-20-12 - REGULATED INFECTIOUS WASTE › Section 33.1-20-12-03 - Recordkeeping requirements

Current through Supplement No. 393, July, 2024
1. Regulated
				infectious waste generators shall keep records of the amount of regulated
				infectious waste sent offsite for treatment. Records may consist of any of the
				following: copies of regulated infectious waste manifests, invoices, records
				received from the regulated infectious waste treatment facility, logs, or other
				written documentation of the amount of regulated infectious waste sent offsite
				for treatment. These records shall be kept for at least three years after they
				were created.
2. Permitted
				regulated infectious waste treatment facilities receiving regulated infectious
				waste from others for treatment shall maintain a log indicating the approximate
				quantities of regulated infectious waste received; the date of receipt; and the
				name and address of the generator from whom the waste was received, operating
				parameters, and results of any tests run to verify disinfection. The logs shall
				be maintained for a period of three years.
3. Permitted regulated infectious waste
				treatment facilities shall prepare and submit a copy of an annual report to the
				department by March first of each year. The annual report must cover facility
				activities during the previous calendar year and must include the following
				information:
a. Name and address of the
				facility;
b. Calendar period
				covered by the report;
c. Annual
				quantity for each category of solid waste in tons or volume;
d. Identification of occurrence and
				conditions that prevented compliance with the permit and this article;
				and
e. Other items identified in
				the facility plans and permit.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-20 - SOLID WASTE MANAGEMENT AND LAND PROTECTION › Chapter 33.1-20-13 - Water Protection Provisions › Section 33.1-20-13-01 - Site characterization

Current through Supplement No. 393, July, 2024
The department shall require adequate site characterization
				  to ensure that the waters of the state are not or will not be adversely
				  impacted by the solid waste management facility. At a minimum, the site
				  characterization must address the following:
1. Location and water quality of lakes,
				rivers, streams, springs, or wetlands within one mile [1.61 kilometers] of the
				site boundary based on available data;
2. Domestic and livestock wells within one
				mile [1.61 kilometers] of the site boundary. Information collected should
				include the location, water quality, depth to water, well depth, screened
				intervals, yields, and the aquifers tapped;
3. Site location in relation to the one
				hundred-year floodplain;
4. Depth
				to the thicknesses of the uppermost aquifers;
5. Hydrologic properties of the uppermost
				aquifers beneath the proposed facility, including existing water quality, flow
				directions, flow rates, porosity, coefficient of storage, hydraulic
				conductivity, and potentiometric surface or water table; and
6. An evaluation of the potential for impacts
				to surface and ground water quality from the proposed facility.
General Authority:
NDCC 23.1-08-03; S.L.2017,
					 ch.199, § 1
Law Implemented:
NDCC 23.1-08-03, 23.1-08-13;
					 S.L.2017, ch.199, § 23
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-20 - SOLID WASTE MANAGEMENT AND LAND PROTECTION › Chapter 33.1-20-13 - Water Protection Provisions › Section 33.1-20-13-03 - Water quality standards

Current through Supplement No. 393, July, 2024
1. All solid
				waste management systems, operations, units, and facilities must be designed,
				constructed, operated, maintained, closed, and maintained after closure so as
				to be in compliance with North Dakota Century Code chapter 61-28, and water
				quality standards defined in articles 33.1-16 and 33.1-17. Compliance with
				these standards is enforceable at the compliance boundary of the
				facility.
2. Whenever ground water
				monitoring is required, the department must specify in the facility permit the
				specific elements of ground water monitoring, including indicator parameters
				which are constituents in or derived from solid waste, the maximum
				concentration limits in ground water for each parameter not otherwise defined
				by subsection 1, and the compliance boundary, considering:
a. The physical and chemical characteristics
				of the waste, including the potential for migration in surface water, in the
				unsaturated zone beneath the facility, and in ground water;
b. The hydrogeological characteristics of the
				site and the surrounding land;
c.
				The existing quality and quantity of ground water, other possible sources of
				contamination, and the direction of ground water flow;
d. The detectability of the indicator
				parameters or constituents in surface water or in ground water; or
e. The proximity of the facility to surface
				waters; and
f. Appropriate
				parameters from the list in table 1.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-20 - SOLID WASTE MANAGEMENT AND LAND PROTECTION › Chapter 33.1-20-13 - Water Protection Provisions › Section 33.1-20-13-04 - Monitoring well construction

Current through Supplement No. 393, July, 2024
1. All monitoring
				wells must be cased in a manner that maintains the integrity of the monitoring
				well bore hole. This casing must allow collection of representative ground
				water samples. Wells must be constructed in such a manner as to prevent
				contamination of the samples, the sampled strata, and between aquifers and
				water bearing strata.
2. All soil
				borings or ground water monitoring wells must be completed by a driller
				licensed in North Dakota and must meet design and construction requirements as
				stipulated in North Dakota Century Code chapter 43-35 and article
				33.1-18.
General Authority:
NDCC 23.1-08-03, 43-35-19,
					 43-35-19.1, 43-35-19.2; S.L.2017, ch.199, § 1
Law Implemented:
NDCC 23.1-08-03, 43-35-19,
					 43-35-19.1, 43-35-19.2; S.L.2017, ch.199, §§ 23, 45, 46,
					 47
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-20 - SOLID WASTE MANAGEMENT AND LAND PROTECTION › Chapter 33.1-20-13 - Water Protection Provisions › Section 33.1-20-13-05 - Assessment monitoring, remedial measures, and corrective action

Current through Supplement No. 393, July, 2024
1. Within ninety days of finding that a
				parameter has been detected at a statistically significant level exceeding the
				ground water standards established under sections 33.1-20-13-02 and
				33.1-20-13-03, the owner or operator shall initiate an assessment of remedial
				measures. An owner or operator of a CCR unit that is subject to the provisions
				of chapter 33.1-20-08 is exempt from the requirements of this section. The
				assessment must:
a. Be completed within a
				reasonable time period, unless otherwise specified by permit or the
				department;
b. Include an
				evaluation of the nature and extent of the release of the constituents
				including pathways to human and environmental receptors;
c. For municipal landfills, include ground
				water sampling and analysis for all parameters listed in appendix 1 of this
				chapter. The department may delete any of the appendix 1 parameters if it can
				be shown that the removed constituents are not reasonably expected to be in or
				derived from the waste within the leaking facility;
d. Include an analysis of the effectiveness
				of potential remedial measures in meeting all requirements of subsection 2 and
				include the following:
(1) The performance,
				reliability, ease of implementation, and potential impacts of each potential
				remedial measure;
(2) The time
				required to begin and complete each potential remedial measure;
(3) The costs of implementation of each
				potential remedial measure; and
(4)
				The permit requirements or other environmental or public health requirements
				that may substantially affect implementation of each potential remedial
				measure; and
e. When
				requested by the department, the owner or operator must discuss results of the
				assessment of remedial measures, prior to selection of a corrective action
				remedy, in a public meeting with interested and affected persons.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-20 - SOLID WASTE MANAGEMENT AND LAND PROTECTION › Chapter 33.1-20-14 - FINANCIAL ASSURANCE REQUIREMENTS › Section 33.1-20-14-01 - Financial assurance for solid waste disposal facilities

Current through Supplement No. 393, July, 2024
1. The requirements of this chapter apply to
				all new and expanded solid waste disposal facilities and to existing solid
				waste disposal facilities that have not been closed by April 9, 1994. These
				requirements do not apply to inert waste landfills.
2. New or expanded facilities must
				demonstrate financial assurance prior to acceptance of solid waste and existing
				facilities by the date given in subsection 1.
3. Owners of facilities may set up one
				mechanism or multiple mechanisms to demonstrate financial assurance for both
				closure and postclosure care of each facility. The amount of funds available
				through the mechanisms must be no less than the sum of funds that would be
				available if a single mechanism had been established and maintained for
				financial assurance of closure and of postclosure care.
4. Mechanisms used to demonstrate financial
				assurance under this chapter must ensure that the amount of funds assured is
				adequate to cover the costs of closure and postclosure care and that the funds
				will be available in a timely fashion whenever needed, until released from the
				financial assurance requirement by the department.
5. Mechanisms must be legally valid and
				binding under North Dakota law.
General Authority:
NDCC 23.1-08-03;
					 S.L.
					 2017, ch. 199,
					 §
												1
Law Implemented:
NDCC 23.1-08-03;
					 S.L.
					 2017, ch. 199,
					 §
												23
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-20 - SOLID WASTE MANAGEMENT AND LAND PROTECTION › Chapter 33.1-20-14 - FINANCIAL ASSURANCE REQUIREMENTS › Section 33.1-20-14-02 - Cost estimates for closure and postclosure

Current through Supplement No. 393, July, 2024
1. Each owner or
				operator shall prepare separate written closure and postclosure estimates of
				the costs of hiring a third party to complete identified activities of the
				facility closure and postclosure plans.
a.
				The initial cost estimates must be in current dollars, and cost estimates must
				be adjusted annually for inflation.
b. The cost estimate for closure must equal
				the cost of closing the largest area requiring a final cover during the active
				life of the facility.
c. The owner
				or operator must increase the cost estimates if changes in the closure plan or
				postclosure plan increase the maximum costs of closure or postclosure care,
				respectively. The owner or operator may reduce a cost estimate for closure if
				it exceeds the maximum costs of closure during the remaining life of the
				facility or a cost estimate for postclosure care if it exceeds the maximum
				costs of postclosure during the remaining postclosure period.
d. The cost estimate for postclosure must
				account for the total costs of postclosure care over the entire postclosure
				period, including the most expensive costs of postclosure during the
				postclosure period.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-20 - SOLID WASTE MANAGEMENT AND LAND PROTECTION › Chapter 33.1-20-14 - FINANCIAL ASSURANCE REQUIREMENTS › Section 33.1-20-14-03 - Financial assurance mechanism for closure and postclosure

Current through Supplement No. 393, July, 2024
1. Each owner or operator of an applicable
				solid waste disposal facility shall establish one or more financial assurance
				mechanisms which together total an amount equal to the closure cost estimate or
				postclosure cost estimate prepared in accordance with section
				33.1-20-14-02.
2. An owner or
				operator may satisfy the requirements for financial assurance for both closure
				and postclosure care by using a trust fund, surety bond, letter of credit,
				insurance, financial test, or corporate guarantee. The amount of funds
				available through the mechanism must be no less than the sum of funds that
				would be available if a single mechanism had been established and maintained
				for financial assurance of closure and of postclosure care.
3. An owner or operator may satisfy the
				requirements of this section by establishing more than one financial mechanism
				per facility. These mechanisms are limited to trust funds, surety bonds,
				letters of credit, and insurance. The mechanisms must be specified in this
				section, except that it is the combination of mechanisms, rather than the
				single mechanism which must provide financial assurance for an amount at least
				equal to the current closure or postclosure, or both, cost estimate. If an
				owner or operator uses a trust fund in combination with a surety bond or a
				letter of credit, the owner or operator may use the trust fund as the standby
				trust fund for the other mechanisms. A single standby trust fund may be
				established for two or more mechanisms. The department may use any or all of
				the mechanisms to provide for closure or postclosure, or both, care of the
				facility.
4. Each financial
				assurance mechanism must be approved by the department. The following financial
				assurance mechanisms are acceptable, provided respective requirements of
				section 33.1-20-14-07 are met:
a. Trust
				fund;
b. Surety bond;
c. Irrevocable letter of credit;
d. Financial test;
e. Insurance policy; and
f. Corporate guarantee.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-20 - SOLID WASTE MANAGEMENT AND LAND PROTECTION › Chapter 33.1-20-14 - FINANCIAL ASSURANCE REQUIREMENTS › Section 33.1-20-14-04 - Implementation of financial assurance for closure and postclosure

Current through Supplement No. 393, July, 2024
1. The closure plan and postclosure plan
				required by this article must specify the financial assurance mechanisms
				required by this chapter and, if a trust fund, surety bond, or insurance
				policy, the methods and schedules for funding the mechanisms.
2. During the active life of the facility the
				owner or operator shall adjust the closure cost estimate and postclosure cost
				estimate for inflation and shall submit the following information to the"
				department no later than August thirty-first of each year:
a. Updated inflation adjusted closure cost
				estimate and postclosure cost estimate;
b. A summary of financial assurance in
				place;
c. The submittal date of the
				most recent detailed cost estimates for closure and postclosure;
d. The maximum allowed open area and
				quantities;
e. Current estimated
				open area and quantities; and
f.
				The mechanisms in use.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-20 - SOLID WASTE MANAGEMENT AND LAND PROTECTION › Chapter 33.1-20-14 - FINANCIAL ASSURANCE REQUIREMENTS › Section 33.1-20-14-05 - Financial assurance for corrective action

Current through Supplement No. 393, July, 2024
1. The department
				may require an owner or operator to undertake remedial measures, including
				corrective action, under the provisions of subsection 10 of North Dakota
				Century Code section 23.1-08-03 and chapter 61-28 when a release
				occurs.
2. An owner or operator
				required to undertake corrective action must have a detailed estimate, in
				current dollars, of the cost of hiring a third party to perform the corrective
				action.
a. The cost estimate must account for
				the total costs of corrective action for the entire corrective action
				period.
b. The owner or operator
				must annually adjust the cost estimate for inflation until corrective action is
				completed.
c. The owner or operator
				shall increase the cost estimate if changes in corrective action or conditions
				increase the total costs.The owner or operator may reduce the cost estimate if
				the total costs exceed the maximum remaining costs of corrective
				action.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-20 - SOLID WASTE MANAGEMENT AND LAND PROTECTION › Chapter 33.1-20-14 - FINANCIAL ASSURANCE REQUIREMENTS › Section 33.1-20-14-06 - Liability requirements for industrial waste landfills

Current through Supplement No. 393, July, 2024
An owner or operator of an industrial waste landfill shall
				  demonstrate financial responsibility for bodily injury and property damage to
				  third parties caused by sudden accidental occurrences arising from operations
				  of the facility. The owner or operator shall have and maintain liability
				  coverage for sudden accidental occurrences in the amount of at least one
				  million dollars per occurrence with an annual aggregate of at least two million
				  dollars, exclusive of legal defense costs. This liability coverage may be
				  demonstrated with one or more of the mechanisms listed in subsection 2 of
				  section 33.1-20-14-03.
General Authority:
NDCC 23.1-08-03; S.L 2017,
					 ch.199, § 1
Law Implemented:
NDCC 23.1-08-03; S.L 2017,
					 ch. 199, § 23
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-20 - SOLID WASTE MANAGEMENT AND LAND PROTECTION › Chapter 33.1-20-14 - FINANCIAL ASSURANCE REQUIREMENTS › Section 33.1-20-14-07 - Specific requirements of mechanisms for financial assurance

Current through Supplement No. 393, July, 2024
1.
Trust fund.
A trust fund must
				satisfy the requirements of this subsection.
a. The trustee must be an entity which has
				authority to act as a trustee in this state and whose trust operations are
				regulated and examined by a federal or state agency.
b. Payments into the trust fund must be made
				annually over the initial permit or over the remaining life of the solid waste
				management unit or facility whichever is shorter. This is the pay-in
				period.
c. The first payment into
				the trust fund must equal or exceed the current cost estimate for closure or
				postclosure, whichever is applicable, divided by the number of years defined in
				subdivision b. The amount of subsequent payments must be determined by the
				following formula:
Click
				  here to view image
Where CE is the current cost estimate, CV is the current
				  value of the trust fund, and Y is the number of years remaining in the pay-in
				  period.
d. The initial
				payment into the trust fund must be made for new or expanded facilities before
				the initial receipt of solid waste or for existing facilities before the
				effective date as provided by subsection 1 of section 33.1-20-14-01.
e. If an owner or operator establishes a
				trust fund after having used one or more alternative mechanisms specified in
				section 33.1-20-14-03, the initial payment into the trust fund must equal or
				exceed the amount that the fund would contain if the fund were established
				initially and annual payments made according to subdivision c.
f. The owner or operator, or other person
				authorized to conduct closure or postclosure care may request reimbursement
				from the trustee for these expenses. Requests for reimbursement will be
				approved by the trustee only if sufficient funds are remaining in the trust
				fund.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-20 - SOLID WASTE MANAGEMENT AND LAND PROTECTION › Chapter 33.1-20-14 - FINANCIAL ASSURANCE REQUIREMENTS › Section 33.1-20-14-08 - Release of the owner or operator from the requirements of this chapter

Current through Supplement No. 393, July, 2024
1.
Release of financial assurance for
				completion of closure.
After receiving certification from the owner or
				operator and a qualified professional engineer that final closure has been
				completed in accordance with the approved closure plan and upon review and
				approval by the department, the department shall notify the owner or operator,
				in writing, that the owner or operator is no longer required by this chapter to
				maintain financial assurance for final closure of the facility. If the
				department has reason to believe that the final closure has not been in
				accordance with the approved closure plan, the department shall provide the
				owner or operator a detailed written statement of any such reason to believe
				that closure has not been in accordance with the approved closure
				plan.
2.
Release of financial
				assurance for completion of postclosure care.
After receiving
				certification from the owner or operator and a qualified professional engineer
				that postclosure care has been completed in accordance with the approved
				postclosure care plan and upon review and approval by the department, the
				department shall notify the owner or operator, in writing, that the owner or
				operator is no longer required by this chapter to maintain financial assurance
				for postclosure care of the facility. If the department has reason to believe
				that the postclosure care has not been in accordance with the approved
				postclosure care plan, the department shall provide the owner or operator a
				detailed written statement of any such reason to believe that postclosure care
				has not been in accordance with the approved postclosure care plan.
General Authority:
NDCC 23.1-08-03;
					 S.L.
					 2017, ch. 199,
					 §
												1
Law Implemented:
NDCC 23.1-08-03;
					 S.L.
					 2017, ch. 199,
					 §
												23
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-20 - SOLID WASTE MANAGEMENT AND LAND PROTECTION › Chapter 33.1-20-15 - Solid Waste Management Fees › Section 33.1-20-15-01 - Application processing fee

Current through Supplement No. 393, July, 2024
1.
				Applicants for permits for transporting solid waste and for solid waste
				management units shall pay, at the time the permit application is filed, an
				application processing fee as follows:
a. Two
				hundred dollars for a solid waste transporter.
(1) Solid waste transporter permits are
				effective for up to five years, expiring on June thirtieth of the fifth
				year.
(2) Each solid waste
				transport vehicle must display decals issued by the department that show the
				solid waste transporter permit number and permit expiration date.
(3) The application processing fee must
				include decals for one solid waste transport vehicle.
(4) Decals for additional solid waste
				transport vehicles covered by the permit are available for purchase at the time
				of application or any later time during the permit period for a fee of
				twenty-five dollars per vehicle.
(5) Additional decals may be purchased only
				for vehicles directly owned or operated by the permittee. Additional decals may
				not be purchased for vehicles owned or operated by a subcontractor working for
				the permittee. A solid waste transportation subcontractor shall apply for and
				obtain an individual solid waste transporter permit.
(6) New vehicle decals are required after a
				permit expires regardless of when the decal was purchased during the permit
				period.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-20 - SOLID WASTE MANAGEMENT AND LAND PROTECTION › Chapter 33.1-20-15 - Solid Waste Management Fees › Section 33.1-20-15-02 - Annual permit fee

Current through Supplement No. 393, July, 2024
The owners or operators of an activity or unit required to
				  have a permit under these rules are subject to an annual permit fee for each
				  permit. The fee period must begin each July first and the fee must be paid by
				  July thirty-first. All fees must be made payable to the North Dakota department
				  of environmental quality. The annual permit fee is as follows:
1. For a resource recovery system unit five
				hundred dollars.
2. For industrial
				waste or special waste unit five hundred dollars.
3. For a municipal waste landfill unit
				receiving on average more than twenty tons [18.2 metric tons] per day but less
				than fifty tons [45.4 metric tons] per day five hundred dollars.
4. For a municipal waste landfill unit
				receiving on average more than fifty tons [45.4 metric tons] per day and less
				than five hundred tons [453.5 metric tons] per day one thousand
				dollars.
5. For a municipal waste
				landfill unit receiving on average more than five hundred tons [453.5 metric
				tons] per day five thousand dollars.
6. For a surface impoundment unit five
				hundred dollars.
General Authority:
NDCC 23.1-08-03,
					 23.1-08-10;
					 S.L.
					 2017, ch. 199,
					 §
												1
Law Implemented:
NDCC 23.1-08-03, 23.1-08-10;
					 S.L.
					 2017, ch. 199,
					 §
												23
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-20 - SOLID WASTE MANAGEMENT AND LAND PROTECTION › Chapter 33.1-20-16 - Certification of Operators › Section 33.1-20-16-01 - Responsibility

Current through Supplement No. 393, July, 2024
1. Permittees of all municipal waste
				landfills, municipal waste incinerators, municipal solid waste ash landfills,
				and special waste landfills which accept primarily oilfield special waste or
				TENORM waste in North Dakota are required to have at least one certified
				operator onsite at all times during operation of the facility.
2. Permittees of all industrial waste
				landfills and special waste landfills which accept primarily coal combustion
				residuals in North Dakota are required to have at least one certified operator
				whose primary work location is at the facility.
General Authority:
NDCC 23.1-08-03;
					 S.L.
					 2017, ch. 199,
					 §
												1
Law Implemented:
NDCC 23.1-08-03, 23.1-08-15;
					 S.L.
					 2017, ch. 199,
					 §
												23
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-20 - SOLID WASTE MANAGEMENT AND LAND PROTECTION › Chapter 33.1-20-16 - Certification of Operators › Section 33.1-20-16-02 - Certification and application

Current through Supplement No. 393, July, 2024
1. In order
				to be certified landfill operator, an applicant must take and pass a written
				examination given by the department or its authorized representative.
2. The department shall charge certification
				fees of twenty-five dollars for initial certification and fifteen dollars for
				annual renewal.
3. An individual
				desiring to attend the training session and take the certification examination
				shall file and submit the fee and application form at least thirty days before
				the scheduled training and certification session.
General Authority:
NDCC 23.1-08-03;
					 S.L.
					 2017, ch. 199,
					 §
												1
Law Implemented:
NDCC 23.1-08-03, 23.1-08-15;
					 S.L.
					 2017, ch. 199,
					 §
												23
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-20 - SOLID WASTE MANAGEMENT AND LAND PROTECTION › Chapter 33.1-20-16 - Certification of Operators › Section 33.1-20-16-03 - Training course and certification requirements

Current through Supplement No. 393, July, 2024
1. To be eligible for certification, a
				landfill or incinerator operator must have a minimum of one year experience in
				operating the type of landfill or incinerator that the operator wants to be
				certified for and attend a training session approved by the department for
				solid waste facilities.
2. Training
				sessions will be held at least annually by the department to provide
				information on landfill and incinerator operation and maintenance.
3. An applicant may submit documentation to
				demonstrate the equivalency of other training courses and certification
				successfully completed. The applicant may be eligible for certification without
				taking the training course or written examination if the department finds that
				the training and certification are substantially equivalent.
4. Applicants who fail an examination may
				reapply to the department.
5. Upon
				passage of the examination with a score of seventy percent or better, the
				department will issue a certificate to the applicant.
6. The certificates of personnel who
				terminate their employment at a landfill or incinerator facility will remain
				valid until expiration.
General Authority:
NDCC 23.1-08-03;
					 S.L.
					 2017, ch. 199,
					 §
												1
Law Implemented:
NDCC 23.1-08-03, 23.1-08-15;
					 S.L.
					 2017, ch. 199,
					 §
												23
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-20 - SOLID WASTE MANAGEMENT AND LAND PROTECTION › Chapter 33.1-20-16 - Certification of Operators › Section 33.1-20-16-04 - Certificate revocation

Current through Supplement No. 393, July, 2024
The department may suspend or revoke the certificate of an
				  operator if it is found that the operator has practiced fraud or deception in
				  obtaining the certificate or in the performance of operator duties. No
				  certificate may be revoked or suspended except after a hearing conducted in
				  accordance with North Dakota Century Code chapter 28-32. Upon certificate
				  suspension or revocation, a new application for certification may be considered
				  by the department if the conditions upon which the suspension or revocation was
				  based have been corrected and evidence of this fact has been satisfactorily
				  submitted to the department.
General Authority:
NDCC 23.1-08-03; S.L.2017,
					 ch.199, § 1
Law Implemented:
NDCC 23.1-08-03, 23.1-08-15;
					 S.L.2017, ch.199, § 23
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-20 - SOLID WASTE MANAGEMENT AND LAND PROTECTION › Chapter 33.1-20-16 - Certification of Operators › Section 33.1-20-16-05 - Term and renewal of certificates

Current through Supplement No. 393, July, 2024
Certificates expire each year on June thirtieth. The holder
				  must reapply for renewal of an expired certificate and pay the renewal fee by
				  July first. To be eligible for renewal, each certified operator must attend at
				  least one departmentally approved training course every three
				  years.
General Authority:
NDCC 23.1-08-03; S.L.2017,
					 ch.199, § 1
Law Implemented:
NDCC 23.1-08-03, 23.1-08-15;
					 S.L.2017, ch.199, § 23
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-20 - SOLID WASTE MANAGEMENT AND LAND PROTECTION › Chapter 33.1-20-17 - SOLID WASTE MANAGEMENT PLANNING › Section 33.1-20-17-01 - Solid waste management plans

Current through Supplement No. 393, July, 2024
The department may require any person or political
				  subdivision within the state to submit for review and approval a solid waste
				  management plan to show that solid wastes will be disposed of in accordance
				  with the provisions of North Dakota Century Code chapter 23.1-08 and this
				  article.
1. The comprehensive solid
				waste management plan required by North Dakota Century Code chapter 23.1-08
				must be developed and implemented for the following purposes:
a. Reduce the amount of solid waste
				generated.
b. Reuse
				materials.
c. Composting leaves and
				grass clippings.
d. Recycle
				everything possible.
e. Recover
				energy from waste.
f. Landfill the
				remaining wastes.
g. Coordinate
				solid waste management among political subdivisions.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-20 - SOLID WASTE MANAGEMENT AND LAND PROTECTION › Chapter 33.1-20-18 - Solid Waste Management Fund › Section 33.1-20-18-01 - Solid waste management fund

Current through Supplement No. 393, July, 2024
1. Any political
				subdivision may apply for a loan or grant from the solid waste management
				fund.
2. The loan or grant
				application must be submitted to the department and include the following:
a. The political entity applying for the
				grant or loan.
b. The purpose of
				the grant or loan application:
(1) Market
				development.
(2) Waste
				reduction.
(3) Resource
				recovery.
(4) Recycling.
(5) Planning.
c. A description of how the proposed project
				is consistent with the district solid waste management plan.
d. A description of the work plan,
				implementation procedures, and schedule.
e. Identification of the amount of grant or
				loan requested and a cost analysis of the entire project.
f. Progress reporting schedule.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-21 - Cesspools, Septic Tanks, Privies › Chapter 33.1-21-02 - Servicing of Septic or Holding Tanks, Privies, or Portable Restrooms › Section 33.1-21-02-01 - Authority

Current through Supplement No. 393, July, 2024
The department of environmental quality has been authorized
				  to provide and administer this chapter relating to septic system servicing
				  under the provisions of North Dakota Century Code section
				  61-28-04.1.
General Authority:
NDCC 61-28-04, 61-28-04.1;
					 S.L.2017, ch.199, § 1
Law Implemented:
NDCC
					 61-28-04.1
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-21 - Cesspools, Septic Tanks, Privies › Chapter 33.1-21-02 - Servicing of Septic or Holding Tanks, Privies, or Portable Restrooms › Section 33.1-21-02-02 - Scope and purpose

Current through Supplement No. 393, July, 2024
This chapter establishes procedures governing the servicing
				  of septic systems, including portable restrooms, holding tanks, and similar
				  devices that receive domestic wastewater and establishes standards for the use
				  and disposal of wastewater from those sources while protecting the general
				  public and waters of the state from contamination by septage.
General Authority:
NDCC 61-28-04, 61-28-04.1;
					 S.L.2017, ch.199, § 1
Law Implemented:
NDCC
					 61-28-04.1
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-21 - Cesspools, Septic Tanks, Privies › Chapter 33.1-21-02 - Servicing of Septic or Holding Tanks, Privies, or Portable Restrooms › Section 33.1-21-02-03 - Definitions

Current through Supplement No. 393, July, 2024
The terms used throughout this chapter have the same meaning
				  as in North Dakota Century Code chapter 61-28, except:
1. "Incorporation" means the mixing of
				septage with topsoil to a minimum depth of four inches within forty-eight
				hours.
2. "Injection" means the
				subsurface placement of septage to a depth of four inches to twelve
				inches.
3. "Land application" means
				the spraying or spreading of septage onto the land surface, the injection of
				septage below the land surface, or the incorporation of septage into the
				soil.
4. "Litter" means
				nonbiodegradable material, such as plastics or glass.
5. "Nonpublic contact site" means land not
				frequently visited or used by the public. Examples include agricultural land,
				forests, and reclamation sites.
6.
				"Portable restroom" means a self-contained portable enclosure containing a
				holding tank designed to directly receive human excrement.
7. "Privy" means a self-enclosure over a
				watertight structure located in a pit designed to directly receive human
				excrement.
8. "Public contact site"
				means land with a high potential for contact by the public. Examples include
				public parks, ballfields, golf courses, and cemeteries.
9. "Rural single-family residence" means a
				dwelling occupied by a single family or household situated on land greater than
				five acres and used primarily for agricultural or horticultural purpose.
				Examples include growing and harvesting crops and raising livestock.
10. "Snow-covered ground" means ground upon
				which the snow is at a depth greater than eight inches.
11. "Spill" means to cause or allow to fall,
				flow, or run out so as to be lost or wasted.
12. "Wastewater treatment facility" means a
				treatment system permitted by the department and designed to remove biological
				or chemical waste products from water.
General Authority:
NDCC 61-28-04, 61-28-04.1;
					 S.L.2017, ch.199, § 1
Law Implemented:
NDCC
					 61-28-04.1
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-21 - Cesspools, Septic Tanks, Privies › Chapter 33.1-21-02 - Servicing of Septic or Holding Tanks, Privies, or Portable Restrooms › Section 33.1-21-02-04 - Septic pumper classification

Current through Supplement No. 393, July, 2024
1. Class I
				classification is defined as a septic system servicer that operates three or
				more permitted servicing vehicles or at least one portable toilet servicing
				vehicle.
2. Class II classification
				is defined as all septic system servicers not classified as class I.
General Authority:
NDCC 61-28-04, 61-28-04.1;
					 S.L.2017, ch.199, § 1
Law Implemented:
NDCC
					 61-28-04.1