reglab/statecodes huggingface dataset:
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 › CONTAINMENT BUILDINGS › Section 33-24-05-475 - Applicability to containment buildings

Current through Supplement No. 393, July, 2024
The requirements of sections
					 33-24-05-475 through 33-24-05-500
					 apply to owners or operators who store or treat hazardous waste in units
					 designed and operated under section
					 33-24-05-476. The owner or
					 operator is not subject to the definition of land disposal in Resource
					 Conservation and Recovery Act section 3004(k) provided that the unit:
1. Is a completely enclosed, self-supporting
				  structure that is designed and constructed of manmade materials of sufficient
				  strength and thickness to support themselves, the waste contents, and any
				  personnel and heavy equipment that operate within the unit, and to prevent
				  failure due to pressure gradients, settlement, compression, or uplift, physical
				  contact with the hazardous wastes to which they are exposed; climatic
				  conditions; and the stresses of daily operation, including the movement of
				  heavy equipment within the unit and contact of such equipment with containment
				  walls;
2. Has a primary barrier
				  that is designed to be sufficiently durable to withstand the movement of
				  personnel, wastes, and handling equipment within the unit;
3. If the unit is used to manage liquids,
				  has:
a. A primary barrier designed and
				  constructed of materials to prevent migration of hazardous constituents into
				  the barrier;
b. A liquid collection
				  system designed and constructed of materials to minimize the accumulation of
				  liquid on the primary barrier; and
c. A secondary containment system designed
				  and constructed of materials to prevent migration of hazardous constituents
				  into the barrier, with a leak detection and liquid collection system capable of
				  detecting, collecting, and removing leaks of hazardous constituents at the
				  earliest practicable time, unless the unit has been granted a variance from the
				  secondary containment system requirements under subdivision d of subsection 2
				  of section
				  33-24-05-476;
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 › CONTAINMENT BUILDINGS › Section 33-24-05-476 - Design and operating standards

Current through Supplement No. 393, July, 2024
1. All
				  containment buildings must comply with the following design standards:
a. The containment building must be
				  completely enclosed with a floor, walls, and a roof to prevent exposure to the
				  elements (for example, precipitation, wind, run-on) and to assure containment
				  of managed wastes.
b. The floor and
				  containment walls of the unit, including the secondary containment system if
				  required under subsection 2, must be designed and constructed of materials of
				  sufficient strength and thickness to support themselves, the waste contents,
				  and any personnel and heavy equipment that operate within the unit, and to
				  prevent failure due to pressure gradients, settlement, compression, or uplift,
				  physical contact with the hazardous wastes to which they are exposed; climatic
				  conditions; and the stresses of daily operation, including the movement of
				  heavy equipment within the unit and contact of such equipment with containment
				  walls. The unit must be designed so that it has sufficient structural strength
				  to prevent collapse or other failure. All surfaces to be in contact with
				  hazardous wastes must be chemically compatible with those wastes. The
				  department will consider standards established by professional organizations
				  generally recognized by the industry such as the American concrete institute or
				  the American society of testing materials in judging the structural integrity
				  requirements of this subsection. If appropriate to the nature of the waste
				  management operation to take place in the unit, an exception to the structural
				  strength requirement may be made for lightweight doors and windows that meet
				  these criteria:
(1) They provide an effective
				  barrier against fugitive dust emissions under paragraph 4 of subdivision a of
				  subsection 3; and
(2) The unit is
				  designed and operated in a fashion that assures that wastes will not actually
				  come in contact with these openings.
c. Incompatible hazardous wastes or treatment
				  reagents must not be placed in the unit or its secondary containment system if
				  they could cause the unit or secondary containment system to leak, corrode, or
				  otherwise fail.
d. A containment
				  building must have a primary barrier designed to withstand the movement of
				  personnel, waste, and handling equipment in the unit during the operating life
				  of the unit and appropriate for the physical and chemical characteristics of
				  the waste to be managed.
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 › CONTAINMENT BUILDINGS › Section 33-24-05-477 - Closure and postclosure care

Current through Supplement No. 393, July, 2024
1. At
				  closure of a containment building, the owner or operator must remove or
				  decontaminate all waste residues, contaminated containment system components
				  (liners for example)contaminated subsoils, and structures and equipment
				  contaminated with waste and leachate, and manage them as hazardous waste unless
				  subsection 4 of section
				  33-24-02-03 applies. The closure
				  plan, closure activities, cost estimates for closure, and financial
				  responsibility for containment buildings must meet all of the requirements
				  specified in sections
				  33-24-05-59 through
				  33-24-05-88.
2. If, after removing
				  or decontaminating all residues and making all reasonable efforts to effect
				  removal or decontamination of contaminated components, subsoils, structures,
				  and equipment as required in subsection 1, the owner or operator finds that not
				  all contaminated subsoils can be practicably removed or decontaminated, the
				  owner or operator must close the facility and perform postclosure care in
				  accordance with the closure and postclosure requirements that apply to
				  landfills (section
				  33-24-05-180). In addition, for
				  the purposes of closure, postclosure, and financial responsibility, such a
				  containment building is then considered to be a landfill, and the owner or
				  operator must meet all of the requirements for landfills specified in sections
				  33-24-05-59 through
				  33-24-05-88.
General Authority:
NDCC
						23-20.3-03
Law Implemented:
NDCC
						23-20.3-03,
						23-20.3-04
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 › CONTAINMENT BUILDINGS › Section 33-24-05-478 - Reserved

Current through Supplement No. 393, July, 2024
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 › CONTAINMENT BUILDINGS › Section 33-24-05-479 - Reserved

Current through Supplement No. 393, July, 2024
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 › CONTAINMENT BUILDINGS › Section 33-24-05-480 - Reserved

Current through Supplement No. 393, July, 2024
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 › CONTAINMENT BUILDINGS › Section 33-24-05-481 - Reserved

Current through Supplement No. 393, July, 2024
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 › CONTAINMENT BUILDINGS › Section 33-24-05-482 - Reserved

Current through Supplement No. 393, July, 2024
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 › CONTAINMENT BUILDINGS › Section 33-24-05-483 - Reserved

Current through Supplement No. 393, July, 2024
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 › CONTAINMENT BUILDINGS › Section 33-24-05-484 - Reserved

Current through Supplement No. 393, July, 2024
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 › CONTAINMENT BUILDINGS › Section 33-24-05-485 - Reserved

Current through Supplement No. 393, July, 2024
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 › CONTAINMENT BUILDINGS › Section 33-24-05-486 - Reserved

Current through Supplement No. 393, July, 2024
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 › CONTAINMENT BUILDINGS › Section 33-24-05-487 - Reserved

Current through Supplement No. 393, July, 2024
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 › CONTAINMENT BUILDINGS › Section 33-24-05-488 - Reserved

Current through Supplement No. 393, July, 2024
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 › CONTAINMENT BUILDINGS › Section 33-24-05-489 - Reserved

Current through Supplement No. 393, July, 2024
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 › CONTAINMENT BUILDINGS › Section 33-24-05-490 - Reserved

Current through Supplement No. 393, July, 2024
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 › CONTAINMENT BUILDINGS › Section 33-24-05-491 - Reserved

Current through Supplement No. 393, July, 2024
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 › CONTAINMENT BUILDINGS › Section 33-24-05-492 - Reserved

Current through Supplement No. 393, July, 2024
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 › CONTAINMENT BUILDINGS › Section 33-24-05-493 - Reserved

Current through Supplement No. 393, July, 2024
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 › CONTAINMENT BUILDINGS › Section 33-24-05-494 - Reserved

Current through Supplement No. 393, July, 2024
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 › CONTAINMENT BUILDINGS › Section 33-24-05-495 - Reserved

Current through Supplement No. 393, July, 2024
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 › CONTAINMENT BUILDINGS › Section 33-24-05-496 - Reserved

Current through Supplement No. 393, July, 2024
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 › CONTAINMENT BUILDINGS › Section 33-24-05-497 - Reserved

Current through Supplement No. 393, July, 2024
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 › CONTAINMENT BUILDINGS › Section 33-24-05-498 - Reserved

Current through Supplement No. 393, July, 2024
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 › CONTAINMENT BUILDINGS › Section 33-24-05-499 - Reserved

Current through Supplement No. 393, July, 2024
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 › CONTAINMENT BUILDINGS › Section 33-24-05-500 - Reserved

Current through Supplement No. 393, July, 2024
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 › DRIP PADS › Section 33-24-05-501 - Reserved

Current through Supplement No. 393, July, 2024
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 › DRIP PADS › Section 33-24-05-502 - Assessment of existing drip pad integrity

Current through Supplement No. 393, July, 2024
1. For each existing drip pad as defined in
				  section 33-24-05-501, the owner or operator must evaluate the drip pad and
				  determine that it meets all of the requirements of sections 33-24-05-501
				  through 33-24-05-524, except the requirements for liners and leak detection
				  systems of subsection 2 of section
				  33-24-05-504. No later than the
				  effective date of this rule, the owner or operator must obtain and keep on file
				  at the facility a written assessment of the drip pad, reviewed and certified by
				  a qualified registered professional engineer that attests to the results of the
				  evaluation. The assessment must be reviewed, updated and recertified annually
				  until all upgrades, repairs, or modifications necessary to achieve compliance
				  with all of the standards of section
				  33-24-05-504 are complete. The
				  evaluation must document the extent to which the drip pad meets each of the
				  design and operating standards of section
				  33-24-05-504, except the standards
				  for liners and leak detection systems, specified in subsection 2 of section
				  33-24-05-504.
2. The owner or operator must develop a
				  written plan for upgrading, repairing, and modifying the drip pad to meet the
				  requirements of subsection 2 of section
				  33-24-05-504, and submit the plan
				  to the department no later than two years before the date that all repairs,
				  upgrades, and modifications are complete. This written plan must describe all
				  changes to be made to the drip pad in sufficient detail to document compliance
				  with all the requirements of section
				  33-24-05-504. The plan must be
				  reviewed and certified by a qualified registered professional
				  engineer.
3. Upon completion of all
				  upgrades, repairs, and modifications, the owner or operator must submit to the
				  department, the as-built drawings for the drip pad together with a
				  certification by a qualified registered professional engineer attesting that
				  the drip pad conforms to the drawings.
4. If the drip pad is found to be leaking or
				  unfit for use, the owner or operator must comply with the provisions of
				  subsection 13 of section
				  33-24-05-504 or close the drip pad
				  in accordance with section
				  33-24-05-506.
General Authority:
NDCC
						23-20.3-03
Law Implemented:
NDCC
						23-20.3-03,
						23-20.3-04
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 › DRIP PADS › Section 33-24-05-503 - Design and installation of new drip pads

Current through Supplement No. 393, July, 2024
Owners and operators of new drip pads must ensure that the
					 pads are designed, installed, and operated in accordance with one of the
					 following:
1. All of the requirements
				  of sections
				  33-24-05-504 (except subdivision d
				  of subsection 1 of section
				  33-24-05-504),
				  33-24-05-505, and
				  33-24-05-506; or
2. All of the requirements of sections
				  33-24-05-504 (except subsection 2
				  of section
				  33-24-05-504),
				  33-24-05-505, and
				  33-24-05-506.
General Authority: NDCC 23-20.3-03
Law Implemented: NDCC 23-20.3-03,
						23-20.3-04
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 › DRIP PADS › Section 33-24-05-504 - Design and operating requirements

Current through Supplement No. 393, July, 2024
1. Drip
				  pads must:
a. Be constructed of nonearthen
				  materials, excluding wood and nonstructurally supported asphalt;
b. Be sloped to free-drain treated wood
				  drippage, rain and other waters, or solutions of drippage and water or other
				  wastes to the associated collection system;
c. Have a curb or berm around the
				  perimeter;
d. Drip pads must meet
				  and have on file the following:
(1) Have a
				  hydraulic conductivity of less than or equal to
				  1x10-7 centimeters per second (for example, existing
				  concrete drip pads must be sealed, coated, or covered with a surface material
				  with a hydraulic conductivity of less than or equal to 1x10-7
					 centimeters per second), such that the entire surface where
				  drippage occurs or may run across is capable of containing such drippage and
				  mixtures of drippage and precipitation, materials, or other wastes while being
				  routed to an associated collection system. This surface material must be
				  maintained free of cracks and gaps that could adversely affect its hydraulic
				  conductivity, and the material must be chemically compatible with the
				  preservatives that contact the drip pad. The requirements of this provision
				  apply only to existing drip pads and those drip pads for which the owner or
				  operator elects to comply with subsection 2 of section
				  33-24-05-503 instead of subsection
				  1 of section
				  33-24-05-503.
(2) The owner or operator must obtain and
				  keep on file at the facility a written assessment of the drip pad, reviewed and
				  certified by a qualified professional engineer that attests to the results of
				  the evaluation. The assessment must be reviewed, updated, and recertified
				  annually. The evaluation must document the extent to which the drip pad meets
				  the design and operating standards of this section, except for subsection
				  2.
e. Be of sufficient
				  structural strength and thickness to prevent failure due to physical contact,
				  climatic conditions, the stress of daily operations (for example, variable and
				  moving loads such as vehicle traffic, movement of wood, etc.).
Note: The department will generally consider applicable
					 standards established by professional organizations generally recognized by the
					 industry such as the American concrete institute (ACI) or the American society
					 of testing and materials (ASTM) in judging the structural integrity requirement
					 of this subdivision.
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 › DRIP PADS › Section 33-24-05-505 - Inspections

Current through Supplement No. 393, July, 2024
1. During construction or installation,
				  liners and cover systems (for example, membranes, sheets, or coatings) must be
				  inspected for uniformity, damage, and imperfections (for example, holes,
				  cracks, thin spots, or foreign materials). Immediately after construction or
				  installation, liners must be inspected and certified as meeting the
				  requirements of section
				  33-24-05-504 by a qualified
				  professional engineer. This certification must be maintained at the facility as
				  part of the facility operating record. After installation, liners and covers
				  must be inspected to ensure tight seams and joints and the absence of tears,
				  punctures, or blisters.
2. While a
				  drip pad is in operation, it must be inspected weekly and after storms to
				  detect evidence of any of the following:
a.
				  Deterioration, malfunctions, or improper operation of run-on and runoff control
				  systems.
b. The presence of leakage
				  in and proper functioning of leak detection system.
c. Deterioration or cracking of the drip pad
				  surface.
Note: See subsection 13 of section
					 33-24-05-504 for remedial action
					 required if deterioration or leakage is detected.
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 › DRIP PADS › Section 33-24-05-506 - Closure

Current through Supplement No. 393, July, 2024
1. At closure, the owner or operator must
				  remove or decontaminate all waste residues, contaminated containment system
				  components (pad, liners, etc.), contaminated subsoils, and structures and
				  equipment contaminated with waste and leakage, and manage them as hazardous
				  waste.
2. If, after removing or
				  decontaminating all residues and making all reasonable efforts to effect
				  removal or decontamination of contaminated components, subsoils, structures,
				  and equipment as required in subsection 1, the owner or operator finds that not
				  all contaminated subsoils can be practicably removed or decontaminated, the
				  owner or operator must close the facility and perform postclosure care in
				  accordance with closure and postclosure care requirements that apply to
				  landfills in section
				  33-24-05-180. For permitted units,
				  the requirement to have a permit continues throughout the postclosure period.
				  In addition, for the purpose of closure, postclosure, and financial
				  responsibility, such a drip pad is then considered to be landfill, and the
				  owner or operator must meet all of the requirements for landfills specified in
				  sections 33-24-05-59 through
				  33-24-05-88.
3. Drip pad:
a. The owner or operator of an existing drip
				  pad, as defined in section 33-24-05-501, that does not comply with the liner
				  requirements of subdivision a of subsection 2 of section
				  33-24-05-504 must:
(1) Include in the closure plan for the drip
				  pad under section
				  33-24-05-61 both a plan for
				  complying with subsection 1 and a contingent plan for complying with subsection
				  2 in case not all contaminated subsoils can be practicably removed at closure;
				  and
(2) Prepare a contingent
				  postclosure plan under section
				  33-24-05-67 for complying with
				  subsection 2 in case not all contaminated subsoils can be practicably removed
				  at closure.
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 › DRIP PADS › Section 33-24-05-507 - Reserved

Current through Supplement No. 393, July, 2024
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 › DRIP PADS › Section 33-24-05-508 - Reserved

Current through Supplement No. 393, July, 2024
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 › DRIP PADS › Section 33-24-05-509 - Reserved

Current through Supplement No. 393, July, 2024
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 › DRIP PADS › Section 33-24-05-510 - Reserved

Current through Supplement No. 393, July, 2024
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 › DRIP PADS › Section 33-24-05-511 - Reserved

Current through Supplement No. 393, July, 2024
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 › DRIP PADS › Section 33-24-05-512 - Reserved

Current through Supplement No. 393, July, 2024
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 › DRIP PADS › Section 33-24-05-513 - Reserved

Current through Supplement No. 393, July, 2024
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 › DRIP PADS › Section 33-24-05-514 - Reserved

Current through Supplement No. 393, July, 2024
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 › DRIP PADS › Section 33-24-05-515 - Reserved

Current through Supplement No. 393, July, 2024
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 › DRIP PADS › Section 33-24-05-516 - Reserved

Current through Supplement No. 393, July, 2024
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 › DRIP PADS › Section 33-24-05-517 - Reserved

Current through Supplement No. 393, July, 2024
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 › DRIP PADS › Section 33-24-05-518 - Reserved

Current through Supplement No. 393, July, 2024
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 › DRIP PADS › Section 33-24-05-519 - Reserved

Current through Supplement No. 393, July, 2024
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 › DRIP PADS › Section 33-24-05-520 - Reserved

Current through Supplement No. 393, July, 2024
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 › DRIP PADS › Section 33-24-05-521 - Reserved

Current through Supplement No. 393, July, 2024
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 › DRIP PADS › Section 33-24-05-522 - Reserved

Current through Supplement No. 393, July, 2024
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 › DRIP PADS › Section 33-24-05-523 - Reserved

Current through Supplement No. 393, July, 2024
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 › DRIP PADS › Section 33-24-05-524 - Reserved

Current through Supplement No. 393, July, 2024
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 › BOILERS AND INDUSTRIAL FURNACES › Section 33-24-05-526 - Management prior to burning

Current through Supplement No. 393, July, 2024
1.
Generators.
Generators of hazardous waste that is burned in a
				  boiler or industrial furnace are subject to chapter 33-24-03.
2.
Transporters.
Transporters of
				  hazardous waste that is burned in a boiler or industrial furnace are subject to
				  33-24-04.
3.
Storage and
				  treatment facilities.
a. Owners and
				  operators of facilities that store or treat hazardous waste that is burned in a
				  boiler or industrial furnace are subject to the applicable provisions of
				  sections 33-24-05-01 through 33-24-05-190,
				  sections 33-24-05-300 through 33-24-05-524,
				  sections 33-24-05-550 through 33-24-05-559,
				  sections 33-24-05-800 through 33-24-05-819,
				  sections 33-24-05-950 through 33-24-05-1149, applicable requirements of
				  subsection 5 of section
				  33-24-06-16, and 33-24-06, except
				  as provided by subdivision b. These standards apply to storage and treatment by
				  the burner as well as to storage and treatment facilities operated by
				  intermediaries (processors, blenders, distributors, etc.) between the generator
				  and the burner.
b. Owners and
				  operators of facilities that burn, in an onsite boiler or industrial furnace
				  exempt from regulation under the small quantity burner provisions of section
				  33-24-05-533, hazardous waste that
				  they generate are exempt from regulation under sections
				  33-24-05-01 through 33-24-05-190,
				  sections 33-24-05-300 through 33-24-05-524,
				  sections 33-24-05-550 through 33-24-05-559,
				  sections 33-24-05-800 through 33-24-05-819,
				  sections 33-24-05-950 through 33-24-05-1149, applicable requirements of
				  subsection 5 of section
				  33-24-06-16, and 33-24-06,
				  applicable to storage units for those storage units that store mixtures of
				  hazardous waste and the primary fuel to the boiler or industrial furnace in
				  tanks that feed the fuel mixture directly to the burner. Storage of hazardous
				  waste prior to mixing with the primary fuel is subject to regulation as
				  prescribed in subdivision a.
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 › BOILERS AND INDUSTRIAL FURNACES › Section 33-24-05-527 - Permit standards for burners

Current through Supplement No. 393, July, 2024
1.
Applicability.
a. General.
				  Owners and operators of boilers and industrial furnaces burning hazardous waste
				  and not operating under interim status must comply with the requirements of
				  this section and subdivision ff of subsection 2 of section
				  33-24-06-17 and subsection 4 of
				  section 33-24-06-19, unless exempt under
				  the small quantity burner exemption of section
				  33-24-05-533.
b. Applicability of sections
				  33-24-05-01 through 33-24-05-190,
				  33-24-05-300 through 33-24-05-524,
				  33-24-05-550 through 33-24-05-559,
				  and 33-24-05-800 through 33-24-05-819
				  standards. Owners and operators of boilers and industrial furnaces that burn
				  hazardous waste are subject to the following provisions of sections
				  33-24-05-01 through 33-24-05-190,
				  33-24-05-300 through 33-24-05-524,
				  33-24-05-550 through 33-24-05-559,
				  and 33-24-05-800 through 33-24-05-819,
				  except as provided otherwise by sections
				  33-24-05-525 through 33-24-05-549:
(1) Notwithstanding any other provisions of
				  these regulations, enforcement actions may be brought pursuant to section
				  23-20.3-08 of the North Dakota
				  Century Code or 7003 of the Resource Conservation and Recovery Act;
(2) In sections
				  33-24-05-02 through 33-24-05-14,
				  sections 33-24-05-02 through
				  33-24-05-09;
(3) In sections
				  33-24-05-15 through 33-24-05-25,
				  sections 33-24-05-15 through
				  33-24-05-20;
(4) In sections
				  33-24-05-26 through 33-24-05-36,
				  sections 33-24-05-26 through
				  33-24-05-31;
(5) In sections
				  33-24-05-37 through 33-24-05-46,
				  the applicable provisions of sections
				  33-24-05-38 through
				  33-24-05-44;
(6) In sections
				  33-24-05-47 through
				  33-24-05-58, sections
				  33-24-05-47 and
				  33-24-05-58;
(7) In sections
				  33-24-05-59 through 33-24-05-73,
				  sections 33-24-05-60 through
				  33-24-05-64;
(8) In sections
				  33-24-05-74 through 33-24-05-88,
				  33-24-05-75,
				  33-24-05-76,
				  33-24-05-77, and
				  33-24-05-79 through
				  33-24-05-81, except that the state
				  and federal governments are exempt from the requirements of sections
				  33-24-05-74 through 33-24-05-88;
				  and
(9) Sections
				  33-24-05-420 through 33-24-05-449,
				  except subsection 1 of section
				  33-24-05-420.
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 › BOILERS AND INDUSTRIAL FURNACES › Section 33-24-05-528 - Interim status standards for burners

Current through Supplement No. 393, July, 2024
1.
Purpose, scope,
				  applicability.
a. General.
(1) The purpose of this section is to
				  establish minimum national standards for owners and operators of "existing"
				  boilers and industrial furnaces that burn hazardous waste where such standards
				  define the acceptable management of hazardous waste during the period of
				  interim status. The standards of this section apply to owners and operators of
				  existing facilities until either a permit is issued under subsection 4 of
				  section 33-24-05-527 or until closure
				  responsibilities identified in this section are fulfilled.
(2) Existing or in existence means a boiler
				  or industrial furnace that on or before August 1, 1991, is either in operation
				  burning or processing hazardous waste or for which construction (including the
				  ancillary facilities to burn or to process the hazardous waste) has commenced.
				  A facility has commenced construction if the owner or operator has obtained the
				  federal, state, and local approvals or permits necessary to begin physical
				  construction; and either:
(a) A continuous
				  onsite, physical construction program has begun; or
(b) The owner or operator has entered into
				  contractual obligations, which cannot be canceled or modified without
				  substantial loss, for physical construction of the facility to be completed
				  within a reasonable time.
(3) If a boiler or industrial furnace is
				  located at a facility that already has a permit or interim status, then the
				  facility must comply with the applicable regulations dealing with permit
				  modifications in section
				  33-24-06-14 or changes in interim
				  status in subsection 5 of section
				  33-24-06-16.
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 › BOILERS AND INDUSTRIAL FURNACES › Section 33-24-05-530 - Standards to control particulate matter

Current through Supplement No. 393, July, 2024
1. A boiler or industrial furnace burning
				  hazardous waste may not emit particulate matter in excess of one hundred eighty
				  milligrams per dry standard cubic meter [0.08 grains per dry standard cubic
				  foot] after correction to a stack gas concentration of seven percent oxygen,
				  using procedures prescribed in 40 CFR part 60, appendix A, methods 1 through 5,
				  and appendix XXIV of chapter 33-24-05.
2. An owner or operator meeting the
				  requirements of subsection 2 of section
				  33-24-05-534 for the low risk
				  waste exemption is exempt from the particulate matter standard.
3. Oxygen correction.
a. Measured pollutant levels must be
				  corrected for the amount of oxygen in the stack gas according to the formula:
Pc = Pm x 14/(E-Y)
where:
Pc is the corrected concentration of the pollutant in the
					 stack gas;
Pm is the measured concentration of the pollutant in the
					 stack gas;
E is the oxygen concentration on a dry basis in the
					 combustion air fed to the device; and
Y is the measured oxygen concentration on a dry basis in
					 the stack.
b. For devices
				  that feed normal combustion air, E will equal twenty-one percent. For devices
				  that feed oxygen-enriched air for
combustion (that is, air with an oxygen concentration
					 exceeding twenty-one percent), the value of E will be the concentration of
					 oxygen in the enriched air.
c. Compliance with all emission standards
				  provided by sections
				  33-24-05-525 through 33-24-05-549
				  must be based on correcting to seven percent oxygen using this procedure.
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 › BOILERS AND INDUSTRIAL FURNACES › Section 33-24-05-531 - Standards to control metals emission

Current through Supplement No. 393, July, 2024
1.
General
. The owner or operator must comply with the metals
				  standards provided by subsections 2 , 3, 4, 5, or 6 for each metal listed in
				  subsection 2 that is present in the hazardous waste at detectable levels by
				  using appropriate analytical procedures .
2.
Tier I feed rate screening
				  limits
. Feed rate screening limits for metals are specified in appendix
				  XVI as a function of terrain-adjusted effective stack height and terrain and
				  land use in the vicinity of the facility. Criteria for facilities that are not
				  eligible to comply with the screening limits are provided in subdivision g.
a. Noncarcinogenic metals. The feed rates of
				  antimony, barium, lead, mercury, thallium, and silver in all feedstreams,
				  including hazardous waste, fuels, and industrial furnace feedstocks shall not
				  exceed the screening limits specified in appendix XVI of chapter 33-24-05.
(1) The feed rate screening limits for
				  antimony, barium, mercury, thallium, and silver are based on either:
(a) An hourly rolling average as defined in
				  subparagraph b of paragraph 1 of subdivision f of subsection 5 of section
				  33-24-05-527; or
(b) An instantaneous limit not to be exceeded
				  at any time.