North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-06 - Permits › Section 33-24-06-31 - Remedial action plan application process

Current through Supplement No. 393, July, 2024
1. To apply for a remedial action plan, the
				owner or operator must complete an application, sign it, and submit it to the
				department according to the requirements in sections
				33-24-06-30 through
				33-24-06-35.
2. Who applies. When a facility or
				remediation waste management site is owned by one person, but the treatment,
				storage, or disposal activities are operated by another person, it is the
				operator's duty to obtain a remedial action plan, except that the owner must
				also sign the remedial action plan application.
3. Signatory requirements. Both the owner and
				the operator must sign the remedial action plan application and any required
				reports according to subsections 1, 2, and 3 of section
				33-24-06-03. In the application,
				both the owner and the operator must also make the certification required under
				subdivision a of subsection 4 of section
				33-24-06-03. However, the owner
				may choose the alternative certification under subdivision b of subsection 4 of
				section 33-24-06-03 if the operator
				certifies under subdivision a of subsection 4 of section
				33-24-06-03.
4. Information to be included in the
				application. The owner or operator must include the following information in
				the application for a remedial action plan:
a.
				The name, address, and identification number of the remediation waste
				management site;
b. The name,
				address, and telephone number of the owner and operator;
c. The latitude and longitude of the
				site;
d. The United States
				geological survey or county map showing the location of the remediation waste
				management site;
e. A scaled
				drawing of the remediation waste management site showing:
(1) The remediation waste management site
				boundaries;
(2) Any significant
				physical structures; and
(3) The
				boundary of all areas onsite where remediation waste is to be treated, stored,
				or disposed;
f. A
				specification of the hazardous remediation waste to be treated, stored, or
				disposed of at the facility or remediation waste management site. This must
				include information on:
(1) Constituent
				concentrations and other properties of the hazardous remediation wastes that
				may affect how such materials should be treated or otherwise managed;
(2) An estimate of the quantity of these
				wastes; and
(3) A description of
				the processes the owner or operator will use to treat, store, or dispose of
				this waste, including technologies, handling systems, and design and operating
				parameters the owner or operator will use to treat hazardous remediation wastes
				before disposing of them according to the land disposal restrictions standards
				of sections
				33-24-05-250 through 33-24-05-299,
				as applicable;
g. Enough
				information to demonstrate that operations that follow the provisions in the
				remedial action plan application will ensure compliance with applicable
				requirements of sections
				33-24-05-01 through 33-24-05-559
				and 33-24-05-800 through
				33-24-05-929;
h. Such information
				as may be necessary to enable the department to carry out the department's
				duties under other federal or other state laws as is required for traditional
				hazardous waste permits under subdivision r of subsection 2 of section
				33-24-06-17; and
i. Any other information the department
				decides is necessary for demonstrating compliance with sections
				33-24-06-30 through
				33-24-06-35 or for determining any
				additional remedial action plan conditions that are necessary to protect human
				health and the environment.