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 › CONTAINER REQUIREMENTS › Section 33-24-05-90 - Condition of containers

Current through Supplement No. 393, July, 2024
If a container holding hazardous waste is not in good
					 condition (for example, severe rusting, apparent structural defects) or if it
					 begins to leak, the owner or operator shall transfer the hazardous waste from
					 this container to a container that is in good condition or manage the waste in
					 some other way that complies with the requirements of sections
					 33-24-05-01 through 33-24-05-190,
					 33-24-05-300 through
					 33-24-05-525,
					 33-24-05-550 through 33-24-05-559,
					 and 33-24-05-800 through
					 33-24-05-819.
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 › CONTAINER REQUIREMENTS › Section 33-24-05-91 - Compatibility of waste with containers

Current through Supplement No. 393, July, 2024
The owner or operator must use a container made of or
					 lined with materials which will not react with, and are otherwise compatible
					 with, the hazardous waste to be stored, so that the ability of the container to
					 contain the waste is not impaired.
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 › CONTAINER REQUIREMENTS › Section 33-24-05-92 - Management of containers

Current through Supplement No. 393, July, 2024
1. A
				  container holding hazardous waste must always be closed during storage, except
				  when it is necessary to add or remove waste.
2. A container holding hazardous waste must
				  not be opened, handled, or stored in a manner which may rupture the container
				  or cause it to leak.
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 › CONTAINER REQUIREMENTS › Section 33-24-05-93 - Inspections

Current through Supplement No. 393, July, 2024
At least weekly, the owner or operator shall inspect areas
					 where containers are stored, looking for leaking containers and for
					 deterioration of containers and the containment system caused by corrosion or
					 other factors. A logbook of these weekly inspections must be maintained.
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 › CONTAINER REQUIREMENTS › Section 33-24-05-94 - Containment

Current through Supplement No. 393, July, 2024
1. Container storage areas must have a
				  containment system that is designed and operated in accordance with subsection
				  2, except as provided otherwise in subsection 3.
2. The containment system must be designed
				  and operated as follows:
a. A base must
				  underlie the containers which is free of cracks or gaps and is sufficiently
				  impervious to contain leaks, spills, and accumulated precipitation until the
				  collected material is detected and removed.
b. The base must be sloped or the containment
				  system must be otherwise designed and operated to drain and remove liquids
				  resulting from leaks, spills, or precipitation, unless the containers are
				  elevated or are otherwise protected from contact with accumulated
				  liquids.
c. The containment system
				  must have sufficient capacity to contain ten percent of the volume of
				  containers or the volume of the largest container, whichever is greater.
				  Containers that do not contain free liquid need not be considered in this
				  determination.
d. Run-on into the
				  containment system must be prevented, unless the collection system has
				  sufficient excess capacity in addition to that required in subdivision c to
				  contain any run-on which might enter the system.
e. Spilled or leaked waste and accumulated
				  precipitation must be removed from the sump or collection area in as timely a
				  manner as is necessary to prevent overflow of the collection system.
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 › CONTAINER REQUIREMENTS › Section 33-24-05-95 - Special requirements for ignitable or reactive wastes

Current through Supplement No. 393, July, 2024
Containers holding ignitable or reactive waste must be
					 located at least fifteen meters [50 feet] from the facility's property line.
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 › CONTAINER REQUIREMENTS › Section 33-24-05-96 - Special requirements for incompatible wastes

Current through Supplement No. 393, July, 2024
1. Incompatible wastes, or incompatible
				  wastes and materials, may not be placed in the same container, unless
				  subsection 2 of section
				  33-24-05-08 is complied
				  with.
2. Hazardous waste must not
				  be placed in an unwashed container that previously held an incompatible waste
				  or material.
3. A storage container
				  holding a hazardous waste that is incompatible with any waste or other material
				  stored nearby in other containers, piles, open tanks, or surface impoundments
				  must be separated from the other materials or protected from them by means of a
				  dike, berm, wall, or other device.
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 › CONTAINER REQUIREMENTS › Section 33-24-05-97 - Closure

Current through Supplement No. 393, July, 2024
At closure, all hazardous waste and hazardous waste
					 residues must be removed from the containment system. Remaining containers,
					 liners, bases, and soil containing or contaminated with hazardous waste or
					 hazardous waste residues must be decontaminated or removed.
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 › CONTAINER REQUIREMENTS › Section 33-24-05-98 - Air emission standards

Current through Supplement No. 393, July, 2024
The owner or operator shall manage all hazardous waste
					 placed in a container in accordance with the requirements of sections
					 33-24-05-400 through
					 33-24-05-474.
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 › CONTAINER REQUIREMENTS › Section 33-24-05-99 - 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 › CONTAINER REQUIREMENTS › Section 33-24-05-100 - 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 › CONTAINER REQUIREMENTS › Section 33-24-05-101 - 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 › CONTAINER REQUIREMENTS › Section 33-24-05-102 - 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 › TANK REQUIREMENTS › Section 33-24-05-103 - Applicability of tank requirements

Current through Supplement No. 393, July, 2024
The requirements of sections
					 33-24-05-103 through 33-24-05-117
					 apply to owners and operators of facilities that use tank systems for storing
					 or treating hazardous waste except as otherwise provided in subsections 1, 2,
					 and 3 or in section
					 33-24-05-01.
1. Tank systems that are used to treat or
				  store hazardous waste which contains no free liquids and are situated inside a
				  building with an impermeable floor are exempted from the requirements in
				  section 33-24-05-106. To demonstrate the
				  absence or presence of free liquids in the stored, treated, or both waste, the
				  following test must be used: method 9095B (paint filter liquids test) as
				  described in "Test Methods for Evaluating Solid Waste, Physical/Chemical
				  Methods", environmental protection agency publication SW-846, as incorporated
				  by reference in section
				  33-24-01-05.
2. Tank systems, including sumps, as defined
				  in section
				  33-24-01-04, that serve as part of
				  a secondary containment system to collect or contain releases of hazardous
				  wastes are exempted from the requirements in subsection 1 of section
				  33-24-05-106.
3. Tanks, sumps, and other such collection
				  devices or systems used in conjunction with drip pads, as defined in section
				  33-24-01-04 and regulated under
				  sections 33-24-05-501 through 33-24-05-524, must meet the requirements of
				  sections 33-24-05-103 through
				  33-24-05-117.
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 › TANK REQUIREMENTS › Section 33-24-05-104 - Assessment of existing tank system's integrity

Current through Supplement No. 393, July, 2024
1. For each existing tank system that does
				  not have secondary containment meeting the requirements of section
				  33-24-05-106, the owner or
				  operator shall determine that the tank system is not leaking or is unfit for
				  use. Except as provided in subsection 3, the owner or operator shall obtain and
				  keep on file at the facility a written assessment reviewed and certified by a
				  qualified professional engineer, in accordance with subsection 4 of section
				  33-24-06-03, that attests to the
				  tank system's integrity by January 12, 1988.
2. This assessment must determine that the
				  tank system is adequately designed and has sufficient structural strength and
				  compatibility with the wastes to be stored or treated, to ensure that it will
				  not collapse, rupture, or fail. At a minimum, the assessment must consider of
				  the following:
a. Design standards, if
				  available, according to which the tank and ancillary equipment were
				  constructed;
b. Hazardous
				  characteristics of the wastes that have been and will be handled;
c. Existing corrosion protection
				  measures;
d. Documented age of the
				  tank system if available (otherwise, an estimate of the age); and
e. Results of a leak test, internal
				  inspection, or other tank integrity examination such that:
(1) For nonenterable underground tanks, the
				  assessment must include a leak test that is capable of taking into account the
				  effects of temperature variations, tank end deflection, vapor pockets, and high
				  water table effects; and
(2) For
				  other than nonenterable underground tanks and for ancillary equipment, this
				  assessment must include either a leak test, as described above, or other
				  integrity examination that is certified by a qualified professional engineer in
				  accordance with subsection 4 of section
				  33-24-06-03, that addresses
				  cracks, leaks, corrosion, and erosion.
[Note: The practices described in the American petroleum
					 institute publication, guide for inspection of refinery equipment, chapter
					 XIII, "Atmospheric and Low-Pressure Storage Tanks", fourth edition, 1981, may
					 be used, where applicable, as guidelines in conducting other than a leak
					 test.]
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 › TANK REQUIREMENTS › Section 33-24-05-106 - Containment and detection of releases

Current through Supplement No. 393, July, 2024
1.
				  In order to prevent the release of hazardous waste or hazardous constituents to
				  the environment, secondary containment that meets the requirements of this
				  section must be provided (except as provided in subsections 6 and 7):
a. For all new and existing tank systems or
				  components, prior to their being put into service; and
b. For tank systems that store or treat
				  materials that become hazardous wastes, within two years of the hazardous waste
				  listing, or when the tank system has reached fifteen years of age, whichever
				  comes later.
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 › TANK REQUIREMENTS › Section 33-24-05-107 - General operating requirements

Current through Supplement No. 393, July, 2024
1.
				  Hazardous waste or treatment reagents must not be placed in a tank system if
				  they could cause the tank, its ancillary equipment, or the containment system
				  to rupture, leak, corrode, or otherwise fail.
2. The owner or operator shall use
				  appropriate controls and practices to prevent spills and overflows from tank or
				  containment systems. These include at a minimum:
a. Spill prevention controls (for example,
				  check valves, dry disconnect couplings);
b. Overfill prevention controls (for example,
				  level sensing devices, high level alarms, automatic feed cutoff, or bypass to a
				  standby tank); and
c. Maintenance
				  of sufficient freeboard in uncovered tanks to prevent overtopping by wave or
				  wind action or by precipitation.
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 › TANK REQUIREMENTS › Section 33-24-05-108 - Inspections

Current through Supplement No. 393, July, 2024
1. The owner or operator shall develop and
				  follow a schedule and procedure for inspecting overfill controls.
2. The owner or operator shall inspect at
				  least once each operating day data gathered from monitoring and leak detection
				  equipment (for example, pressure or temperature gauges, monitoring wells) to
				  ensure that the tank system is being operated according to its design.
[Note: Subsection 3 of section
					 33-24-05-06 requires the owner or
					 operator to remedy any deterioration or malfunction the owner or operator
					 finds. Section
					 33-24-05-109 requires the owner or
					 operator to notify the department within twenty-four hours of confirming a
					 leak. Also, 40 CFR 302 may require the owner or operator to notify the national
					 response center of a release.]
3. In addition, except as noted under
				  subsection 4, the owner or operator must inspect at least once each operating
				  day:
a. Above ground portions of the tank
				  system, if any, to detect corrosion or releases of waste.
b. The construction materials and the area
				  immediately surrounding the externally accessible portion of the tank system,
				  including the secondary containment system (for example, dikes) to detect
				  erosion or signs of releases of hazardous waste (for example, wet spots, dead
				  vegetation).
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 › TANK REQUIREMENTS › Section 33-24-05-109 - Response to leaks or spills and disposition of leaking or unfit-for-use tank systems

Current through Supplement No. 393, July, 2024
A tank system or secondary containment system from which
					 there has been a leak or spill, or which is unfit for use, must be removed from
					 service immediately, and the owner or operator shall satisfy the following
					 requirements:
1.
Cessation of
				  use; prevent flow or addition of wastes.
The owner or operator shall
				  immediately stop the flow of hazardous waste into the tank system or secondary
				  containment system and inspect the system to determine the cause of the
				  release.
2.
Removal of waste
				  from tank system or secondary containment system.
a. If the release was from the tank system,
				  the owner/operator shall, within twenty-four hours after detection of the leak
				  or, if the owner/operator demonstrates that it is not possible, at the earliest
				  practicable time, remove as much of the waste as is necessary to prevent
				  further release of hazardous waste to the environment and to allow inspection
				  and repair of the tank system to be performed.
b. If the material released was to a
				  secondary containment system, all released materials must be removed within
				  twenty-four hours or in as timely a manner as is possible to prevent harm to
				  human health and the environment.
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 › TANK REQUIREMENTS › Section 33-24-05-110 - Closure and postclosure care

Current through Supplement No. 393, July, 2024
1. At
				  closure of a tank system, the owner or operator shall remove or decontaminate
				  all waste residues, contaminated containment system components (liners, etc.),
				  contaminated soils, and structures and equipment contaminated with waste, and
				  manage them as a 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 tank systems must meet all of the requirements specified in
				  sections 33-24-05-59 through
				  33-24-05-88.
2. If the owner or
				  operator demonstrates that not all contaminated soil can be practicably removed
				  or decontaminated as required in subsection 1, then the owner or operator shall
				  close the tank system and perform postclosure care in accordance with the
				  closure and postclosure care requirements that apply to landfills under section
				  33-24-05-180. In addition, for the
				  purposes of closure, postclosure, and financial responsibility, such a tank
				  system is then considered to be a landfill, and the owner or operator shall
				  meet all the requirements for landfills specified in sections
				  33-24-05-59 through
				  33-24-05-88.
3. If an owner or
				  operator has a tank system that does not have secondary containment that meets
				  the requirements of subsections 2 through 6 of section
				  33-24-05-106 and has not been
				  granted a variance from the secondary containment requirements in accordance
				  with subsection 7 of section
				  33-24-05-106, then:
a. The closure plan for the tank system must
				  include both a plan for complying with subsection 1 and a contingent plan for
				  complying with subsection 2;
b. A
				  contingent postclosure plan for complying with subsection 2 must be prepared
				  and submitted as part of the permit application;
c. The cost estimates calculated for closure
				  and postclosure care must reflect the cost of complying with the contingent
				  closure plan and the contingent postclosure plan, if those costs are greater
				  than the costs of complying with the closure plan prepared for the expected
				  closure under subsection 1;
d.
				  Financial assurance must be based on the cost estimates in subdivision c ;
				  and
e. For the purposes of the
				  contingent closure and postclosure plans, such a tank system is considered to
				  be a landfill, and the contingent plans must meet all of the closure,
				  postclosure, and financial responsibility requirements for landfills under
				  sections 33-24-05-59 through
				  33-24-05-88.
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 › TANK REQUIREMENTS › Section 33-24-05-111 - Special requirements for ignitable or reactive waste

Current through Supplement No. 393, July, 2024
1. Ignitable or reactive wastes may not be
				  placed in tank systems, unless:
a. The waste
				  is treated, rendered, or mixed before or immediately after placement in the
				  tank systems so that:
(1) The resulting
				  waste, mixture, or dissolved material no longer meets the definition of
				  ignitable or reactive wastes under sections
				  33-24-02-11 or
				  33-24-02-13; and
(2) Subsection 2 of section
				  33-24-05-08 is complied with;
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 › TANK REQUIREMENTS › Section 33-24-05-112 - Special requirements for incompatible wastes

Current through Supplement No. 393, July, 2024
1. Incompatible wastes, or incompatible
				  wastes and materials, may not be placed in the same tank system, unless
				  subsection 2 of section
				  33-24-05-08 is complied
				  with.
2. Hazardous waste may not be
				  placed in a tank system that has not been decontaminated and that previously
				  held an incompatible waste or material, unless subsection 2 of section
				  33-24-05-08 is complied with.
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 › TANK REQUIREMENTS › Section 33-24-05-113 - Waste analysis and trial tests

Current through Supplement No. 393, July, 2024
In addition to performing the waste analyses required by
					 section 33-24-05-04, the owner or operator
					 shall, whenever a tank system is to be used to treat chemically or to store a
					 hazardous waste that is substantially different from waste previously treated
					 or stored in that tank system or to be used to treat chemically a hazardous
					 waste with a substantially different process than any previously used in that
					 tank system:
1. Conduct waste analyses
				  and trial treatment or storage tests (for example, bench scale or pilot-plant
				  scale tests); or
2. Obtain written,
				  documented information on similar wastes under similar operating conditions to
				  show that the proposed treatment or storage will meet the requirements of
				  subsection 1 of section
				  33-24-05-107.
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 › TANK REQUIREMENTS › Section 33-24-05-114 - Special requirements for generators of between one hundred and one thousand kilograms per month that accumulate hazardous waste in tanks

Current through Supplement No. 393, July, 2024
1. The requirements of this section apply to
				  small quantity generators of more than one hundred kilograms, but less than one
				  thousand kilograms of hazardous waste in a calendar month, that accumulate
				  hazardous waste in tanks for less than one hundred eighty days (or two hundred
				  seventy days if the generator must ship the waste greater than two hundred
				  miles), and do not accumulate over six thousand kilograms onsite at any
				  time.
2. Generators of between one
				  hundred and one thousand kilograms per month hazardous waste shall comply with
				  the following general operating requirements:
a. Treatment or storage of hazardous waste in
				  tanks must comply with subsection 2 of section
				  33-24-05-08.
b. Hazardous wastes or treatment reagents may
				  not be placed in a tank if they could cause the tank or its inner liner to
				  rupture, leak, corrode, or otherwise fail before the end of its intended
				  life.
c. Uncovered tanks must be
				  operated to ensure at least sixty centimeters [2 feet] of freeboard, unless the
				  tank is equipped with a containment structure (for example, dike or trench), a
				  drainage control system, or a diversion structure (for example, standby tank)
				  with a capacity that equals or exceeds the volume of the top sixty centimeters
				  [2 feet] of the tank.
d. Where
				  hazardous waste is continuously fed into a tank, the tank must be equipped with
				  a means to stop this inflow (for example, waste feed cutoff system or bypass
				  system to a standby tank).
[Note: These systems are intended to be used in the event
					 of a leak or overflow from the tank due to a system failure (for example, a
					 malfunction in the treatment process, a crack in the tank, etc.).]
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 › TANK REQUIREMENTS › Section 33-24-05-115 - Air emission standards

Current through Supplement No. 393, July, 2024
The owner or operator shall manage all hazardous waste
					 placed in a tank in accordance with the requirements of sections
					 33-24-05-400 through
					 33-24-05-474.
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 › TANK REQUIREMENTS › Section 33-24-05-116 - 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 › TANK REQUIREMENTS › Section 33-24-05-117 - 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 › SURFACE IMPOUNDMENT REQUIREMENTS › Section 33-24-05-118 - Applicability of surface impoundment requirements

Current through Supplement No. 393, July, 2024
Sections
					 33-24-05-118 through 33-24-05-129
					 apply to owners and operators of facilities that use surface impoundments to
					 treat, store, or dispose of hazardous waste, except as section
					 33-24-05-01 provides otherwise.
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 › SURFACE IMPOUNDMENT REQUIREMENTS › Section 33-24-05-119 - Design and operating requirements

Current through Supplement No. 393, July, 2024
1. Any
				  surface impoundment that is not covered by subsection 3 must have a liner for
				  all portions of the impoundment (except for existing portions of such
				  impoundments). The liner must be designed, constructed, and installed to
				  prevent any migration of wastes out of the impoundment to the adjacent
				  subsurface soil or ground water or surface water at any time during the active
				  life (including the closure period) of the impoundment. The liner may be
				  constructed of materials that may allow wastes to migrate into the liner (but
				  not into adjacent subsurface soil or ground water or surface water) during the
				  active life of the facility, provided that the impoundment is closed in
				  accordance with subdivision a of subsection 1 of section
				  33-24-05-122. For impoundments
				  that will be closed in accordance with subdivision b of subsection 1 of section
				  33-24-05-122, the liner must be
				  constructed of materials that can prevent wastes from migrating into the liner
				  during the active life of the facility. The liner must be:
a. Constructed of materials that have
				  appropriate chemical properties and sufficient strength and thickness to
				  prevent failure due to pressure gradients (including static head and external
				  hydrogeologic forces), physical contact with the waste or leachate to which
				  they are exposed, climatic conditions, the stress of installation, and the
				  stress of daily operation;
b.
				  Placed upon a foundation or base capable of providing support to the liner and
				  resistance to pressure gradients above and below the liner to prevent failure
				  of the liner due to settlement, compression, or uplift; and
c. Installed to cover all surrounding earth
				  likely to be in contact with the waste or leachate.
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 › SURFACE IMPOUNDMENT REQUIREMENTS › Section 33-24-05-120 - Monitoring and inspection

Current through Supplement No. 393, July, 2024
1. During
				  construction and installation, liners (except in the case of existing portions
				  of surface impoundments exempt from subsection 1 of section
				  33-24-05-119) 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:
a. Synthetic liners and covers must be
				  inspected to ensure tight seams and joints and the absence of tears, punctures,
				  or blisters; and
b. Soil-based and
				  admixed liners and covers must be inspected for imperfections, including
				  lenses, cracks, channels, root holes, or other structural nonuniformities that
				  may cause an increase in the permeability of the liner or cover.
These inspections must be conducted by a qualified
					 professional (for example, registered professional engineer).
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 › SURFACE IMPOUNDMENT REQUIREMENTS › Section 33-24-05-121 - Emergency repairs - Contingency plans

Current through Supplement No. 393, July, 2024
1. A surface impoundment must be removed from
				  service in accordance with subsection 2 when:
a. The level of liquids in the impoundment
				  suddenly drops and the drop is not known to be caused by changes in the flows
				  into or out of the impoundment; or
b. The dike leaks.
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 › SURFACE IMPOUNDMENT REQUIREMENTS › Section 33-24-05-122 - Closure and postclosure care

Current through Supplement No. 393, July, 2024
1. At
				  closure, the owner or operator shall:
a.
				  Remove or decontaminate all waste residues, contaminated containment system
				  components (liners, etc.), 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; or
b. Comply with the following:
(1) Eliminate free liquids by removing liquid
				  wastes or solidifying the remaining wastes and waste residues;
(2) Stabilize remaining wastes to a bearing
				  capacity sufficient to support final cover; and
(3) Cover the surface impoundment with a
				  final cover designed and constructed to:
(a)
				  Provide long-term minimization of the migration of liquids through the closed
				  impoundment;
(b) Function with
				  minimum maintenance;
(c) Promote
				  drainage and minimize erosion or abrasion of the final cover;
(d) Accommodate settling and subsidence so
				  that the cover's integrity is maintained; and
(e) Have a permeability less than or equal to
				  the permeability of any bottom liner system or natural subsoils
				  present.
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 › SURFACE IMPOUNDMENT REQUIREMENTS › Section 33-24-05-123 - Special requirements for ignitable or reactive waste

Current through Supplement No. 393, July, 2024
Ignitable or reactive waste may not be placed in a surface
					 impoundment, unless the waste and impoundment satisfy all applicable
					 requirements of sections
					 33-24-05-250 through 33-24-05-299;
					 and:
1. The waste is treated,
				  rendered, or mixed before or immediately after placement in the impoundment so
				  that:
a. The resulting waste, mixture, or
				  dissolution of material no longer meets the definition of ignitable or reactive
				  waste under section
				  33-24-02-11 or
				  33-24-02-13; and
b. Subsection 2 of section
				  33-24-05-08 is complied with;
				  or
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 › SURFACE IMPOUNDMENT REQUIREMENTS › Section 33-24-05-124 - Special requirements for incompatible wastes

Current through Supplement No. 393, July, 2024
Incompatible wastes, or incompatible wastes and materials
					 (see appendix III for examples of incompatible wastes and materials), may not
					 be placed in the same surface impoundment, unless the owner or operator
					 complies with subsection 2 of section
					 33-24-05-08.
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 › SURFACE IMPOUNDMENT REQUIREMENTS › Section 33-24-05-125 - Special requirements for hazardous wastes F020, F021, F022, F023, F026, and F027

Current through Supplement No. 393, July, 2024
1. Hazardous wastes
				  F020, F021, F022, F023, F026, and F027 must not be placed in a surface
				  impoundment unless the owner or operator operates the surface impoundment in
				  accordance with a management plan for these wastes that is approved by the
				  department pursuant to the standards set out in this subsection, and in
				  accordance, with all other applicable requirements 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.
				  The factors to be considered are:
a. The
				  volume, physical, and chemical characteristics of the wastes, including their
				  potential to migrate through soil or volatilize or escape into the
				  atmosphere;
b. The attenuative
				  properties of underlying and surrounding soils or other materials;
c. The mobilizing properties of other
				  materials codisposed with these wastes; and
d. The effectiveness of additional treatment,
				  design, or monitoring techniques.
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 › SURFACE IMPOUNDMENT REQUIREMENTS › Section 33-24-05-126 - Action leakage rate

Current through Supplement No. 393, July, 2024
1. The
				  department shall approve an action leakage rate for surface impoundment units
				  subject to subsection 3 or 4 of section
				  33-24-05-119. The action leakage
				  rate is the maximum design flow rate that the leak detection system can remove
				  without the fluid head on the bottom liner exceeding one foot [.3048 meters].
				  The action leakage rate must include an adequate safety margin to allow for
				  uncertainties in the design (for example, slope, hydraulic conductivity,
				  thickness of drainage material), construction, operation, and location of the
				  leak detection system, waste and leachate characteristics, likelihood and
				  amounts of other sources of liquids in the leak detection system, and proposed
				  response actions (for example, the action leakage rate must consider decreases
				  in the flow capacity of the system over time resulting from siltation and
				  clogging, rib layover and creep of synthetic components of the system,
				  overburden pressures, etc.).
2. To
				  determine if the action leakage rate has been exceeded, the owner or operator
				  must convert the weekly or monthly flow rate from the monitoring data obtained
				  under subsection 4 of section
				  33-24-05-120 to an average daily
				  flow rate (gallons per acre per day) for each sump. Unless the department
				  approves a different calculation, the average daily flow rate for each sump
				  must be calculated weekly during the active life and closure period, and if the
				  unit is closed in accordance with subsection 2 of section
				  33-24-05-122, monthly during the
				  postclosure care period when monthly monitoring is required under subsection 4
				  of section
				  33-24-05-120.
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 › SURFACE IMPOUNDMENT REQUIREMENTS › Section 33-24-05-127 - Response actions

Current through Supplement No. 393, July, 2024
1. The owner or
				  operator of surface impoundment units subject to subsection 3 or 4 of section
				  33-24-05-119 must have an approved
				  response action plan before receipt of waste. The response action plan must set
				  forth the actions to be taken if the action leakage rate has been exceeded. At
				  a minimum, the response action plan must describe the actions specified in
				  subsection 2.
2. If the flow rate
				  into the leak detection system exceeds the action leakage rate for any sump,
				  the owner or operator must:
a. Notify the
				  department in writing of the exceedance within seven days of the
				  determination;
b. Submit a
				  preliminary written assessment to the department within fourteen days of the
				  determination, as to the amount of liquids, likely sources of liquids, possible
				  location, size, and cause of any leaks, and short-term actions taken and
				  planned;
c. Determine to the extent
				  practicable the location, size, and cause of any leak;
d. Determine whether waste receipt should
				  cease or be curtailed, whether any waste should be removed from the unit for
				  inspection, repairs, or controls, and whether or not the unit should be
				  closed;
e. Determine any other
				  short-term and longer-term actions to be taken to mitigate or stop any leaks;
				  and
f. Within thirty days after the
				  notification that the action leakage rate has been exceeded, submit to the
				  department the results of the analyses specified in subdivisions c, d, and e ,
				  the results of actions taken, and actions planned. Monthly thereafter, as long
				  as the flow rate in the leak detection system exceeds the action leakage rate,
				  the owner or operator must submit to the department a report summarizing the
				  results of any remedial actions taken and actions planned.
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 › SURFACE IMPOUNDMENT REQUIREMENTS › Section 33-24-05-128 - Air emission standards

Current through Supplement No. 393, July, 2024
The owner or operator shall manage all hazardous waste
					 placed in a surface impoundment in accordance with the requirements of sections
					 33-24-05-420 through
					 33-24-05-474.
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 › SURFACE IMPOUNDMENT REQUIREMENTS › Section 33-24-05-129 - 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 › WASTE PILE REQUIREMENTS › Section 33-24-05-130 - Applicability of waste pile requirements

Current through Supplement No. 393, July, 2024
1.
				  Sections 33-24-05-130 through 33-24-05-143
				  apply to owners or operators of facilities that store or treat hazardous waste
				  in piles, except as section
				  33-24-05-01 provides
				  otherwise.
2. Sections
				  33-24-05-130 through 33-24-05-143
				  do not apply to owners and operators of waste piles that are closed with wastes
				  left in place. Such waste piles are subject to regulation under sections
				  33-24-05-176 through
				  33-24-05-190.
3. The owner or
				  operator of any waste pile that is inside or under a structure that provides
				  protection from precipitation so that neither runoff nor leachate is generated
				  is not subject to regulation under section
				  33-24-05-131 or under sections
				  33-24-05-47 through
				  33-24-05-58, provided that:
a. Liquids or materials containing free
				  liquids are not placed in the pile;
b. The pile is protected from surface water
				  run-on by the structure or in some other manner;
c. The pile is designed and operated to
				  control dispersal of the waste by wind, where necessary, by means other than
				  wetting; and
d. The pile will not
				  generate leachate through decomposition or other reactions.