North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › LAND DISPOSAL RESTRICTIONS › Section 33-24-05-289 - Alternative land disposal restriction treatment standards for contaminated soil

Current through Supplement No. 393, July, 2024
1. Applicability.
				  The generator or treatment, storage, or disposal facility must comply with land
				  disposal restrictions prior to placing soil that exhibits a characteristic of
				  hazardous waste, or exhibited a characteristic of hazardous waste at the time
				  soil that exhibits or exhibited a characteristic of hazardous waste was
				  generated, into a land disposal unit. The following chart describes whether the
				  generator or treatment, storage, or disposal facility must comply with land
				  disposal restrictions prior to placing soil contaminated by listed hazardous
				  waste into a land disposal unit:
If land disposal restrictions
And if land disposal restrictions
And if
Then you
Applied to the listed waste when it contaminated
								the
Apply to the listed waste now.
Must comply with the land disposal
								restrictions.
soil .
Did not apply to the listed waste when it
								  contaminated the soil*.
Apply to the listed waste now.
The soil is determined to contain a listed waste
								when the soil is first generated.
Must comply with the land disposal
								restrictions.
Did not apply to the listed waste when it
								contaminated the soil*.
Apply to the listed waste now.
The soil is determined not to contain a listed waste
								when the soil is first generated.
Need not comply with the land disposal
								restrictions.
Did not apply to the listed waste when it
								contaminated the soil*.
Do not apply to the listed waste now.
Need not comply with the land disposal
								restrictions.
*For dates of land disposal restriction applicability, see
					 appendix XI to chapter 33-24-05. To determine the date any given listed
					 hazardous waste contaminated any given volume of soil, use the last date any
					 given listed hazardous waste was placed into any given land disposal unit or,
					 in the case of an accidental spill, the date of the spill.
2. Prior to land disposal, contaminated soil
				  identified by subsection 1 as needing to comply with land disposal restrictions
				  must be treated according to the applicable treatment standards specified in
				  subsection 3 or according to the universal treatment standards specified in
				  section 33-24-05-288 applicable to the
				  contaminating listed hazardous waste or the applicable characteristic of
				  hazardous waste if the soil is characteristic, or both. The treatment standards
				  specified in subsection 3 and the universal treatment standards may be modified
				  through a treatment variance approved in accordance with section
				  33-24-05-284.
3. Treatment standards for contaminated
				  soils. Prior to land disposal, contaminated soil identified by subsection 1 as
				  needing to comply with land disposal restrictions must be treated according to
				  all the standards specified in this subsection or according to the universal
				  treatment standards specified in section
				  33-24-05-288.
a. All soils. Prior to land disposal, all
				  constituents subject to treatment must be treated as follows:
(1) For nonmetals, except carbon disulfide,
				  cyclohexanone, and methanol, treatment must achieve ninety percent reduction in
				  total constituent concentrations, except as provided by paragraph 3.
(2) For metals and carbon disulfide,
				  cyclohexanone, and methanol, treatment must achieve ninety percent reduction in
				  constituent concentrations as measured in leachate from the treated media
				  (tested according to the toxicity characteristic leaching procedure) or ninety
				  percent reduction in total constituent concentrations (when a metal removal
				  treatment technology is used), except as provided by paragraph 3.
(3) When treatment of any constituent subject
				  to treatment to a ninety percent reduction standard would result in a
				  concentration less than ten times the universal treatment standard for that
				  constituent, treatment to achieve constituent concentrations less than ten
				  times the universal treatment standard is not required. Universal treatment
				  standards are identified in table "universal treatment standards" in section
				  33-24-05-288.