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 › WASTE PILE REQUIREMENTS › Section 33-24-05-131 - Design and operating requirements

Current through Supplement No. 393, July, 2024
1. A
				  waste pile (except for an existing portion of a waste pile ) must have:
a. A liner that is designed, constructed, and
				  installed to prevent any migration of wastes out of the pile into the adjacent
				  subsurface soil or ground water or surface water at any time during the active
				  life (including the closure period) of the waste pile. The liner may be
				  constructed of materials that may allow waste to migrate into the liner itself
				  (but not into the adjacent subsurface soil or ground water or surface water)
				  during the active life of the facility. The liner must be:
(1) 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;
(2)
				  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
(3) Installed to cover all surrounding earth
				  likely to be in contact with the waste or leachate; and
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 33-24-05-132 - Monitoring and inspection

Current through Supplement No. 393, July, 2024
1. During
				  construction or installation, liners (except in the case of existing portions
				  of piles exempt from subsection 1 of section
				  33-24-05-131) 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.
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 33-24-05-133 - Special requirements for ignitable or reactive waste

Current through Supplement No. 393, July, 2024
Ignitable or reactive waste may not be placed in a waste
					 pile unless the waste or waste pile satisfies all applicable requirements of
					 sections 33-24-05-250 through
					 33-24-05-299.
1. The waste is treated,
				  rendered, or mixed before or immediately after placement in the pile 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 › WASTE PILE REQUIREMENTS › Section 33-24-05-134 - 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 pile unless subsection 2 of
				  section 33-24-05-08 is complied
				  with.
2. A pile of hazardous waste
				  that is incompatible with any waste or other material stored nearby in
				  containers, other piles, open tanks, or surface impoundments must be separated
				  from the other material, or protected from them by means of a dike, berm, wall,
				  or other device.
3. Hazardous waste
				  must not be piled on the same base where incompatible wastes or materials were
				  previously piled, unless the base has been decontaminated sufficiently to
				  ensure compliance 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 › WASTE PILE REQUIREMENTS › Section 33-24-05-135 - Closure and postclosure care

Current through Supplement No. 393, July, 2024
1. At
				  closure, the owner or operator must remove or decontaminate all waste residue,
				  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.
2. If, after removing or decontaminating all
				  residues and making all reasonable efforts to affect 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 shall close
				  the facility and perform postclosure care in accordance with the closure and
				  postclosure care requirements that apply to landfills (section
				  33-24-05-180).
3. In addition:
a. The owner or operator of a waste pile that
				  does not comply with the liner requirements of subdivision a of subsection 1 of
				  section 33-24-05-131 and is not exempt
				  from them in accordance with subsection 3 of section
				  33-24-05-130 or subsection 6 of
				  section 33-24-05-131, shall:
(1) Include in the closure plan for the pile
				  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 subsoil 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 subsoil 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 › WASTE PILE REQUIREMENTS › Section 33-24-05-136 - 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 waste piles that
				  are not enclosed (as defined in subsection 3 of section
				  33-24-05-130) unless the owner or
				  operator operates the waste pile 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 accord 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 to 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 › WASTE PILE REQUIREMENTS › Section 33-24-05-137 - 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 2 or 3 of section
				  33-24-05-131. 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 flow rate from the monitoring data obtained under
				  subsection 3 of section
				  33-24-05-132 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.
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 › WASTE PILE REQUIREMENTS › Section 33-24-05-138 - Response actions

Current through Supplement No. 393, July, 2024
1. The owner or
				  operator of waste pile units subject to subsection 2 or 3 of section
				  33-24-05-131 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 long-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 › WASTE PILE REQUIREMENTS › Section 33-24-05-139 - 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 33-24-05-140 - 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 33-24-05-141 - 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 33-24-05-142 - 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 33-24-05-143 - 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 › INCINERATOR REQUIREMENTS › Section 33-24-05-145 - Waste analysis

Current through Supplement No. 393, July, 2024
1. As a portion of
				  the trial burn plan or with the permit application, the owner or operator shall
				  have included an analysis of the waste feed sufficient to provide all
				  information required by subdivision b of subsection 2 of section
				  33-24-06-19 or subdivision w of
				  subsection 2 of section
				  33-24-06-17. Owners and operators
				  of new hazardous waste incinerators shall provide the information required by
				  subdivision c of subsection 2 of section
				  33-24-06-19 or subdivision w of
				  subsection 2 of section
				  33-24-06-17 to the greatest extent
				  possible.
2. Throughout normal
				  operation the owner or operator shall conduct sufficient waste analysis to
				  verify that waste feed to the incinerator is within the physical and chemical
				  composition limit specified in the permit (under subsection 2 of section
				  33-24-05-149).
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 › INCINERATOR REQUIREMENTS › Section 33-24-05-146 - Designation of principal organic hazardous constituents

Current through Supplement No. 393, July, 2024
1. Principal organic hazardous constituents
				  in the waste feed must be treated to the extent required by the performance
				  standard specified in section
				  33-24-05-147.
2. Designation of principal organic hazardous
				  constituents.
a. For each waste feed to be
				  burned, one or more principal organic hazardous constituents will be specified
				  in the facility's permit from among those constituents listed in 33-24-02,
				  appendix V. This specification will be based on the degree of difficulty of
				  incineration of the organic constituents in the waste and on their
				  concentration or mass in the waste feed, considering the results of waste
				  analysis and trial burns or alternative data submitted with the facility's
				  permit application. Organic constituents which represent the greatest degree of
				  difficulty of incineration will be those most likely to be designated as
				  principal organic hazardous constituents. Constituents are more likely to be
				  designated as principal organic hazardous constituents if they are present in
				  large quantities or concentrations in the waste.
b. Trial principal organic hazardous
				  constituents will be designated for performance of trial burns in accordance
				  with the procedure for obtaining trial burn permits in subsection 2 of section
				  33-24-06-19.
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 › INCINERATOR REQUIREMENTS › Section 33-24-05-147 - Performance standards

Current through Supplement No. 393, July, 2024
An incinerator burning hazardous waste must be designed,
					 constructed, and maintained so that when operated in accordance with operating
					 requirements specified under section
					 33-24-05-149 it will meet the
					 following performance standards:
1.
a. Except as provided in subdivision b, an
				  incinerator burning hazardous waste must achieve a destruction and removal
				  efficiency of ninety-nine and ninety-nine one hundredths percent for each
				  principal organic hazardous constituent designated (under section
				  33-24-05-146) in its permit for
				  each waste feed. The destruction and removal efficiency is determined for each
				  principal organic hazardous constituent from the following equation:
Click
					 here to view image
.
where:
Win = mass feed rate of one
					 principal organic constituent in the waste stream feeding the incinerator,
					 and
Wout = mass emission rate of the
					 same principal organic hazardous constituent present in exhaust emissions prior
					 to release to the atmosphere.
b. An incinerator burning wastes F020, F021,
				  F022, F023, F026, or F027 must achieve a destruction and removal efficiency of
				  ninety-nine and nine thousand nine hundred and ninety-nine ten thousandths
				  percent for each principal organic hazardous constituent designated (under
				  section 33-24-05-146) in its permit. This
				  performance must be demonstrated on principal organic hazardous constituents
				  that are more difficult to incinerate than tetra-, penta-, and
				  hexachlorodibenzo-p-dioxins and dibenzofurans. Destruction and removal
				  efficiency is determined for each principal organic hazardous constituent from
				  the equation 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 › INCINERATOR REQUIREMENTS › Section 33-24-05-148 - Hazardous waste incinerator permits

Current through Supplement No. 393, July, 2024
1.
				  The owner or operator of a hazardous waste incinerator may burn only waste
				  specified in the permit and only under operating conditions specified for those
				  wastes under section
				  33-24-05-149, except:
a. In approved trial burns under subsection 2
				  of section
				  33-24-06-19; or
b. Under exemptions created by section
				  33-24-05-144.
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 › INCINERATOR REQUIREMENTS › Section 33-24-05-149 - Operating requirements

Current through Supplement No. 393, July, 2024
1. An
				  incinerator must be operated in accordance with operating requirements
				  specified in the permit. These will be specified on a case-by-case basis as
				  those demonstrated (in a trial burn or in alternative data as specified in
				  subsection 2 of section
				  33-24-05-148 and included with a
				  facility's permit application) to be sufficient to comply with the performance
				  standards of section
				  33-24-05-147.
2. Each set of operating requirements will
				  specify the composition of the waste feed (including acceptable variations in
				  the physical or chemical properties of the waste feed which will not affect
				  compliance with the performance requirement of section
				  33-24-05-147) to which the
				  operating requirements apply. For each such waste feed, the permit will specify
				  acceptable operating limits including the following conditions:
a. Carbon monoxide level in the stack exhaust
				  gas;
b. Waste feed rate;
c. Combustion temperature;
d. An appropriate indicator of
				  combustion gas velocity;
e.
				  Allowable variation in incinerator system design or operating procedures; and
f. Such operating requirements as
				  are necessary to ensure that the performance standards of section
				  33-24-05-147 are met.
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 › INCINERATOR REQUIREMENTS › Section 33-24-05-150 - Monitoring and inspections

Current through Supplement No. 393, July, 2024
1. The owner
				  or operator shall conduct, at a minimum, the following monitoring while
				  incinerating hazardous waste:
a. Combustion
				  temperature, waste feed rate, and the indicator of combustion gas velocity
				  specified in the permit must be monitored on a continuous basis;
b. Carbon monoxide must be monitored on a
				  continuous basis at a point in the incinerator downstream of the combustion
				  zone and prior to release to the atmosphere; and
c. Upon request by the department, sampling
				  and analysis of the waste and exhaust emissions must be conducted to verify
				  that the operating requirements established in the permit achieve the
				  performance standards of section
				  33-24-05-147.
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 › INCINERATOR REQUIREMENTS › Section 33-24-05-151 - Closure

Current through Supplement No. 393, July, 2024
At closure the owner or operator shall remove all
					 hazardous waste and hazardous waste residues (including, but not limited to,
					 ash, scrubber waters, and scrubber sludges) from the incinerator site.
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 › INCINERATOR REQUIREMENTS › Section 33-24-05-152 - 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 › INCINERATOR REQUIREMENTS › Section 33-24-05-153 - 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 › INCINERATOR REQUIREMENTS › Section 33-24-05-154 - 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 › INCINERATOR REQUIREMENTS › Section 33-24-05-155 - 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 › INCINERATOR REQUIREMENTS › Section 33-24-05-156 - 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 › INCINERATOR REQUIREMENTS › Section 33-24-05-157 - 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 › INCINERATOR REQUIREMENTS › Section 33-24-05-158 - 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 › INCINERATOR REQUIREMENTS › Section 33-24-05-159 - 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 › LAND TREATMENT REQUIREMENTS › Section 33-24-05-160 - Applicability of land treatment requirements

Current through Supplement No. 393, July, 2024
Sections
					 33-24-05-160 through 33-24-05-175
					 apply to owners and operators of facilities that treat or dispose of hazardous
					 waste in land treatment units, 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 › LAND TREATMENT REQUIREMENTS › Section 33-24-05-161 - Treatment program

Current through Supplement No. 393, July, 2024
1. An owner or
				  operator subject to sections
				  33-24-05-160 through 33-24-05-175
				  shall establish a land treatment program that is designed to ensure that
				  hazardous constituents placed in or on the treatment zone are degraded,
				  transformed, or immobilized within the treatment zone. The department will
				  specify in the facility permit the elements of the treatment program,
				  including:
a. The wastes that are capable of
				  being treated at the unit based on a demonstration under section
				  33-24-05-162;
b. Design measures and operating practices
				  necessary to maximize the success of degradation, transformation, and the
				  immobilization processes in the treatment zone in accordance with subsection 1
				  of section
				  33-24-05-163; and
c. Unsaturated zone monitoring provisions
				  meeting the requirements of section
				  33-24-05-165.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › LAND TREATMENT REQUIREMENTS › Section 33-24-05-162 - Treatment demonstration

Current through Supplement No. 393, July, 2024
1. For each
				  waste that will be applied to the treatment zone, the owner or operator shall
				  demonstrate prior to application of the waste that hazardous constituents in
				  the waste can be completely degraded, transformed, or immobilized in the
				  treatment zone.
2. In making this
				  demonstration, the owner or operator may use field tests, laboratory analyses,
				  available data, or, in the case of existing units, operating data. If the owner
				  or operator intends to conduct field tests or laboratory analyses in order to
				  make the demonstration required under subsection 1 the owner or operator shall
				  obtain a treatment or disposal permit under subsection 3 of section
				  33-24-06-19. The department will
				  specify in this permit the testing, analytical, design, and operating
				  requirements (including the duration of the tests and analyses, and, in the
				  case of field tests, the horizontal and vertical dimensions of the treatment
				  zone, monitoring procedures, closure and cleanup activities) necessary to meet
				  the requirements in subsection 3.
3. Any field test or laboratory analysis
				  conducted in order to make a demonstration under subsection 1 must:
a. Accurately simulate the characteristics
				  and operating conditions for the proposed land treatment unit including:
(1) The characteristics of the waste
				  (including the presence of constituents in appendix V of 33-24-02);
(2) The climate of the area;
(3) The topography of the surrounding
				  area;
(4) The characteristics of
				  the soil in the treatment zone (including depth); and
(5) The operating practices to be used at the
				  unit.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › LAND TREATMENT REQUIREMENTS › Section 33-24-05-163 - Design and operating requirements

Current through Supplement No. 393, July, 2024
The department will specify in the facility permit how the
					 owner or operator will design, construct, operate, and maintain the land
					 treatment unit in compliance with this section.
1. The owner or operator shall design,
				  construct, and maintain the unit to maximize the degradation, transformation,
				  and immobilization of hazardous constituents in the treatment zone. The owner
				  or operator shall design, construct, operate, and maintain the unit in accord
				  with all design and operating conditions that were used in the treatment
				  demonstration under section
				  33-24-05-162. At a minimum, the
				  department will specify the following in the facility permit:
a. The rate and method of waste application
				  to the treatment zone;
b. Measures
				  to control soil pH;
c. Measures to
				  enhance microbial or chemical reaction, for example, fertilization, tilling;
				  and
d. Measures to control the
				  moisture content of the treatment zone.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › LAND TREATMENT REQUIREMENTS › Section 33-24-05-164 - Food chain crops

Current through Supplement No. 393, July, 2024
The department may allow the growth of food chain crops in
					 or on the treatment zone only if the owner or operator satisfies the conditions
					 of this section. The department will specify in the facility permit the
					 specific food chain crops which may be grown.
1. The owner or operator shall demonstrate
				  that there is no substantial risk to human health caused by the growth of such
				  crops in or on the treatment zone by demonstrating, prior to the planting of
				  such crops, that hazardous constituents other than cadmium:
a. Will not be transferred to the food or
				  feed portions of the crop by plant uptake or direct contact and will not
				  otherwise be ingested by food chain animals, for example, by grazing; or
b. Will not occur in greater
				  concentrations in or on the food or feed portions of crops grown on the
				  treatment zone than in or on identical portions of the same crops grown on
				  untreated soils under similar conditions in the same region.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › LAND TREATMENT REQUIREMENTS › Section 33-24-05-165 - Unsaturated zone monitoring

Current through Supplement No. 393, July, 2024
An owner or operator subject to sections
					 33-24-05-160 through 33-24-05-175
					 shall establish an unsaturated zone monitoring program to discharge the
					 following responsibilities:
1. The
				  owner or operator shall monitor the soil and soil-pore liquid to determine
				  whether hazardous constituents migrate out of the treatment zone.
a. The department will specify the hazardous
				  constituents to be monitored in the facility permit. The hazardous constituents
				  to be monitored are those specified under subsection 2 of section
				  33-24-05-161.
b. The department may require monitoring for
				  principal hazardous constituents in lieu of the constituents specified under
				  subsection 2 of section
				  33-24-05-161. Principal hazardous
				  constituents are hazardous constituents contained in the waste to be applied at
				  the unit that are the most difficult to treat, considering the combined effects
				  of degradation, transformation, and immobilization. The department will
				  establish principal hazardous constituents if the department finds, based on
				  waste analyses, treatment demonstrations, or other data that effective
				  degradation, transformation, or immobilization of the principal hazardous
				  constituents will assure treatment of at least equivalent levels for the other
				  hazardous constituents in the wastes.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › LAND TREATMENT REQUIREMENTS › Section 33-24-05-166 - Recordkeeping

Current through Supplement No. 393, July, 2024
The owner or operator shall include hazardous waste
					 application dates and rates in the operating record required under section
					 33-24-05-40.
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 › LAND TREATMENT REQUIREMENTS › Section 33-24-05-167 - Closure and postclosure care

Current through Supplement No. 393, July, 2024
1. During
				  the closure period the owner or operator shall:
a. Continue all operations (including pH
				  control) necessary to maximize degradation, transformation, or immobilization
				  of hazardous constituents within the treatment zone as required under
				  subsection 1 of section
				  33-24-05-163, except to the extent
				  such measures are inconsistent with subdivision h of this subsection;
b. Continue all operations in the treatment
				  zone to minimize runoff of hazardous constituents as required under subsection
				  2 of section
				  33-24-05-163;
c. Maintain the run-on control system
				  required under subsection 3 of section
				  33-24-05-163;
d. Maintain the runoff management system
				  required under subsection 4 of section
				  33-24-05-163;
e. Control wind dispersal of hazardous waste
				  if required under subsection 6 of section
				  33-24-05-163;
f. Continue to comply with any prohibitions
				  or conditions concerning growth of food chain crops under section
				  33-24-05-164;
g. Continue unsaturated zone monitoring in
				  compliance with section
				  33-24-05-165, except that
				  soil-pore liquid monitoring may be terminated one year after the last
				  application of waste to the treatment zone if, during that year, the soil-pore
				  liquid monitoring shows that no hazardous constituents are leaching from the
				  treatment zone in the soil-pore water; and
h. Establish a vegetative cover on the
				  portion of the facility being closed at such time that the cover will not
				  substantially impede degradation, transformation, or immobilization of
				  hazardous constituents in the treatment zone. The vegetative cover must be
				  capable of maintaining growth without extensive maintenance.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › LAND TREATMENT REQUIREMENTS › Section 33-24-05-168 - Special requirements for ignitable or reactive waste

Current through Supplement No. 393, July, 2024
The owner or operator may not apply ignitable or reactive
					 waste to the treatment zone unless the waste and the treatment zone meet all
					 applicable requirements of sections
					 33-24-05-250 through 33-24-05-299;
					 and:
1. The waste is immediately
				  incorporated into the soil 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 › LAND TREATMENT REQUIREMENTS › Section 33-24-05-169 - Special requirements for incompatible wastes

Current through Supplement No. 393, July, 2024
The owner or operator may not place incompatible wastes or
					 incompatible wastes and materials in or on the same treatment zone 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 › LAND TREATMENT REQUIREMENTS › Section 33-24-05-170 - 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 land treatment
				  unit unless the owner or operator operates the facility 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 accord 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 to 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 › LAND TREATMENT REQUIREMENTS › Section 33-24-05-171 - 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 › LAND TREATMENT REQUIREMENTS › Section 33-24-05-172 - 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 › LAND TREATMENT REQUIREMENTS › Section 33-24-05-173 - 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 › LAND TREATMENT REQUIREMENTS › Section 33-24-05-174 - 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 › LAND TREATMENT REQUIREMENTS › Section 33-24-05-175 - 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 › LANDFILL REQUIREMENTS › Section 33-24-05-176 - Applicability of landfill requirements

Current through Supplement No. 393, July, 2024
Sections
					 33-24-05-176 through 33-24-05-190
					 apply to owners and operators of facilities that dispose of hazardous waste in
					 landfills, 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 › LANDFILL REQUIREMENTS › Section 33-24-05-177 - Design and operating requirements

Current through Supplement No. 393, July, 2024
1. Any
				  landfill that is not covered by subsection 3 must have a liner system for all
				  portions of the landfill (except for existing portions of such landfill). The
				  liner system must have:
a. A liner that is
				  designed, constructed, and installed to prevent any migration of wastes out of
				  the landfill to the adjacent subsurface soil or ground water or surface water
				  at any time during the active life (including the closure period) of the
				  landfill. The liner must be constructed of materials that prevent wastes from
				  passing into the liner during the active life of the facility. The liner must
				  be:
(1) 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;
(2)
				  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
(3) Installed to cover all surrounding earth
				  likely to be in contact with the waste or leachate; and