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 › RELEASES FROM SOLID WASTE MANAGEMENT UNITS REQUIREMENTS › Section 33-24-05-49 - Ground water protection standard

Current through Supplement No. 393, July, 2024
The owner or operator must comply with conditions
					 specified in the facility permit designed to ensure that hazardous constituents
					 under section
					 33-24-05-50 detected in the ground
					 water from a regulated unit do not exceed the concentration limits under
					 section 33-24-05-51 in the uppermost
					 aquifer underlying the waste management area beyond the point of compliance
					 under section
					 33-24-05-52 during the compliance
					 period under section
					 33-24-05-53. The department will
					 establish this ground water
protection standard in the facility permit when hazardous
					 constituents have been detected in the ground water.
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 › RELEASES FROM SOLID WASTE MANAGEMENT UNITS REQUIREMENTS › Section 33-24-05-50 - Hazardous constituents

Current through Supplement No. 393, July, 2024
1. The
				  department will specify in the facility permit the hazardous constituents to
				  which the ground water protection standard of section
				  33-24-05-49 applies. Hazardous
				  constituents are constituents identified in appendix V of 33-24-02 that have
				  been detected in ground water in the uppermost aquifer underlying a regulated
				  unit and that are reasonably expected to be in or derived from waste contained
				  in a regulated unit, unless the department has excluded them under subsection
				  2.
2. The department will exclude
				  an appendix V of 33-24-02 constituent from the list of hazardous constituents
				  specified in the facility permit if the department finds that the constituent
				  is not capable of posing a substantial present or potential hazard to human
				  health or the environment. In deciding whether to grant an exemption, the
				  department will consider the following:
a.
				  Potential adverse effects on ground water quality, considering:
(1) The physical and chemical characteristics
				  of the waste in the regulated units, including its potential for
				  migration.
(2) The hydrogeological
				  characteristics of the facility and surrounding land.
(3) The quantity of ground water and the
				  direction of ground water flow.
(4)
				  The proximity and withdrawal rates of ground water users.
(5) The current and future uses of ground
				  water in the area.
(6) The existing
				  quality of ground water, including other sources of contamination and their
				  cumulative impact on the ground water quality.
(7) The potential for health risks caused by
				  human exposure to waste constituents.
(8) The potential damage to wildlife, crops,
				  vegetation, and physical structures caused by exposure to waste
				  constituents.
(9) The persistence
				  and permanence of the potential adverse effect.
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 › RELEASES FROM SOLID WASTE MANAGEMENT UNITS REQUIREMENTS › Section 33-24-05-51 - Concentration limits

Current through Supplement No. 393, July, 2024
1. The department
				  will specify in the facility permit concentration limits in the ground water
				  for hazardous constituents established under section
				  33-24-05-50. The concentration of
				  a hazardous constituent:
a. May not exceed the
				  background level of that constituent in the ground water at the time that limit
				  is specified in the permit;
b. For
				  any of the constituents listed in table 1, may not exceed the respective value
				  given in that table if the background level of the constituent is below the
				  value given in table 1; or
c. May
				  not exceed an alternate limit established by the department under subsection 2.
Table 1. Maximum Concentration of Constituents for
					 Ground Water Protection
Constituent
Maximum Concentration mg/l
Arsenic
0.05
Barium
1.0
Cadmium
0.01
Chromium
0.05
Lead
0.05
Mercury
0.002
Selenium
0.01
Silver
0.05
Endrin (1,2,3,4,10,
								  10-hexachloro-1,7-epoxy-1,4,4a,5,6,7,8,9a-octahydro-1, 4-endo, endo-5,
								  8-dimenthano naphthalene)
0.0002
Lindane (1,2,3,4,5,6-hexachlorocyclohexane, gamma
								  isomer)
0.004
Methoxychlor (1,1,1-trichloro-2,
								  2-bis[p-methoxyphenyl] ethane)
0.1
Toxaphene
								  (C10H10Cl8
								  technical chlorinated camphene, 67-69% chlorine)
0.005
2,4-D (2,4-dichlorophenoxyacetic acid)
0.1
2,4,5-TP silvex (2,4,5-trichlorophen-oxy
								  propionic acid)
0.01
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 › RELEASES FROM SOLID WASTE MANAGEMENT UNITS REQUIREMENTS › Section 33-24-05-52 - Point of compliance

Current through Supplement No. 393, July, 2024
1. The
				  department will specify in the facility permit the point of compliance at which
				  the ground water protection standard of section
				  33-24-05-49 applies and at which
				  monitoring must be conducted. The point of compliance is a vertical surface
				  located at the hydraulically downgradient limit of the waste management area
				  that extends down into the uppermost aquifer underlying the regulated
				  units.
2. The waste management area
				  is the limit projected in the horizontal plane of the area on which waste will
				  be placed during the active life of a regulated unit.
a. The waste management area includes
				  horizontal space taken up by any liner, dike, or other barrier designed to
				  contain waste in a regulated unit.
b. If the facility contains more than one
				  regulated unit, the waste management area is described by an imaginary line
				  circumscribing the several regulated units.
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 › RELEASES FROM SOLID WASTE MANAGEMENT UNITS REQUIREMENTS › Section 33-24-05-53 - Compliance period

Current through Supplement No. 393, July, 2024
1. The department
				  will specify in the facility permit the compliance period during which the
				  ground water protection standard of section
				  33-24-05-49 applies. The
				  compliance period is the number of years equal to the active life of the waste
				  management area (including any waste management activity prior to permitting,
				  and the closure period).
2. The
				  compliance period begins when the owner or operator initiates a compliance
				  monitoring program meeting the requirements of section
				  33-24-05-56.
3. If the owner or operator is engaged in a
				  corrective action program at the end of the compliance period specified in
				  subsection 1, the compliance period is extended until the owner or operator can
				  demonstrate that the ground water protection standard of section
				  33-24-05-49 has not been exceeded
				  for a period of three consecutive years.
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 › RELEASES FROM SOLID WASTE MANAGEMENT UNITS REQUIREMENTS › Section 33-24-05-54 - General ground water monitoring requirements

Current through Supplement No. 393, July, 2024
The owner or operator shall comply with the following
					 requirements for any ground water monitoring program developed to satisfy
					 section 33-24-05-55,
					 33-24-05-56, or
					 33-24-05-57:
1. The ground water monitoring system must
				  consist of a sufficient number of wells, installed at appropriate locations and
				  depth to yield ground water samples from the uppermost aquifer that:
a. Represent the quality of background ground
				  water that has not been affected by leakage from a regulated unit. A
				  determination of background ground water quality may include sampling of wells
				  that are not hydraulically upgradient of the waste management area where:
(1) Hydrogeologic conditions do not allow the
				  owner or operator to determine what wells are hydraulically upgradient;
				  and
(2) Sampling at other wells
				  will provide an indication of background ground water quality that is
				  representative or more representative than that provided by the upgradient
				  wells.
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 › RELEASES FROM SOLID WASTE MANAGEMENT UNITS REQUIREMENTS › Section 33-24-05-55 - Detection monitoring program

Current through Supplement No. 393, July, 2024
An owner or operator required to establish a detection
					 monitoring program under sections
					 33-24-05-47 through
					 33-24-05-58 shall, at a minimum,
					 discharge the following responsibilities:
1. The owner or operator shall monitor for
				  indicator parameters (for example, specific conductance, total organic carbon,
				  or total organic halogen), waste constituents, or reaction products that
				  provide a reliable indication of the presence of hazardous constituents in
				  ground water. The department will specify the parameters or constituents to be
				  monitored in the facility permit, after considering the following factors:
a. The types, quantities, and concentrations
				  of constituents in wastes managed at the regulated unit.
b. The mobility, stability, and persistence
				  of waste constituents or their reaction products in the unsaturated zone
				  beneath the waste management area.
c. The detectability of indicator parameters,
				  waste constituents, and reaction products in ground water.
d. The concentrations or values and
				  coefficients of variation of proposed monitoring parameters or constituents in
				  the ground water background.
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 › RELEASES FROM SOLID WASTE MANAGEMENT UNITS REQUIREMENTS › Section 33-24-05-56 - Compliance monitoring program

Current through Supplement No. 393, July, 2024
An owner or operator who is required to establish a
					 compliance monitoring program under sections
					 33-24-05-47 through
					 33-24-05-58 shall, at a minimum,
					 discharge the following responsibilities:
1. The owner or operator shall monitor the
				  ground water to determine whether regulated units are in compliance with the
				  ground water protection standard under section
				  33-24-05-49. The department will
				  specify the ground water protection standard in the facility permit, including:
a. A list of the hazardous constituents
				  identified under section
				  33-24-05-50.
b. Concentration limits under section
				  33-24-05-51 for each of those
				  hazardous constituents.
c. The
				  compliance point under section
				  33-24-05-52.
d. The compliance period under section
				  33-24-05-53.
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 › RELEASES FROM SOLID WASTE MANAGEMENT UNITS REQUIREMENTS › Section 33-24-05-57 - Corrective action program

Current through Supplement No. 393, July, 2024
An owner or operator required to establish a corrective
					 action program under sections
					 33-24-05-07 through
					 33-24-05-48 shall, at a minimum,
					 discharge the following responsibilities:
1. The owner or operator shall take
				  corrective action to ensure that regulated units are in compliance with the
				  ground water protection standard under section
				  33-24-05-49. The department will
				  specify the ground water protection standard in the facility permit including:
a. A list of the hazardous constituents
				  identified under section
				  33-24-05-50.
b. Concentration limits under section
				  33-24-05-51 for each of those
				  hazardous constituents.
c. The
				  compliance point under section
				  33-24-05-52.
d. The compliance period under section
				  33-24-05-53.
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 › RELEASES FROM SOLID WASTE MANAGEMENT UNITS REQUIREMENTS › Section 33-24-05-58 - Corrective action for solid waste management units

Current through Supplement No. 393, July, 2024
1. The owner or operator of a facility
				  seeking a permit for the treatment, storage, or disposal of hazardous waste
				  must institute corrective action as necessary to protect human health and the
				  environment for all releases of hazardous waste or constituents from any solid
				  waste management unit at the facility, regardless of the time at which waste
				  was placed in such unit.
2.
				  Corrective action will be specified in the permit in accordance with this
				  section and sections
				  33-24-05-550 through 33-24-05-559.
				  The permit will contain schedules of compliance for such corrective action
				  (where such corrective action cannot be completed prior to issuance of the
				  permit) and assurances of financial responsibility for completing such
				  corrective action.
3. The owner or
				  operator must implement corrective actions beyond the facility property
				  boundary, where necessary to protect human health and the environment, unless
				  the owner or operator demonstrates to the satisfaction of the department that,
				  despite the owner's or operator's best efforts, the owner or operator was
				  unable to obtain the necessary permission to undertake such actions. The owner
				  or operator is not relieved of all responsibility to clean up a release that
				  has migrated beyond the facility boundary where offsite access is denied.
				  Onsite measures to address such releases will be determined on a case-by-case
				  basis. Assurances of financial responsibility for such corrective action must
				  be provided.
4. This section does
				  not apply to remediation waste management sites unless they are part of a
				  facility subject to a permit for treating, storing, or disposing of hazardous
				  wastes that are not remediation wastes.
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 › CLOSURE AND POSTCLOSURE REQUIREMENTS › Section 33-24-05-59 - Applicability of closure and postclosure requirements

Current through Supplement No. 393, July, 2024
Except as section
					 33-24-05-01 provides
					 otherwise:
1. Sections
				  33-24-05-60 through
				  33-24-05-64 (which concern
				  closure) apply to the owners and operators of all hazardous waste management
				  facilities; and
2. Sections
				  33-24-05-65 through
				  33-24-05-69 (which concern
				  postclosure care) apply to the owners and operators of:
a. All hazardous waste disposal
				  facilities;
b. Waste piles and
				  surface impoundments from which the owner or operator intends to remove the
				  wastes at closure to the extent that these sections are made applicable to such
				  facilities in section
				  33-24-05-119 or
				  33-24-05-135;
c. Tank systems that are required under
				  section 33-24-05-110 to meet the
				  requirements for landfills; and
d.
				  Containment buildings that are required under section
				  33-24-05-477 to meet the
				  requirement for landfills.
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 › CLOSURE AND POSTCLOSURE REQUIREMENTS › Section 33-24-05-60 - Closure performance standard

Current through Supplement No. 393, July, 2024
The owner or operator shall close the owner's or
					 operator's facility in a manner that:
1. Minimizes the need for further
				  maintenance;
2. Controls,
				  minimizes, or eliminates, to the extent necessary to protect human health and
				  the environment, postclosure escape of hazardous waste, hazardous constituents,
				  leachate, contaminated runoff, or hazardous waste decomposition products to the
				  ground or surface waters or to the atmosphere; and
3. Complies with the closure requirements of
				  sections 33-24-05-59 through 33-24-05-73,
				  including the requirements of sections
				  33-24-05-97,
				  33-24-05-110,
				  33-24-05-122,
				  33-24-05-135,
				  33-24-05-151,
				  33-24-05-167,
				  33-24-05-180,
				  33-24-05-301 through
				  33-24-05-303, and section
				  33-24-05-477.
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 › CLOSURE AND POSTCLOSURE REQUIREMENTS › Section 33-24-05-61 - Closure plan - Amendment of plan

Current through Supplement No. 393, July, 2024
1.
Written plan.
a. The owner or
				  operator of a hazardous waste management facility shall have a written closure
				  plan. In addition, certain surface impoundments and waste piles from which the
				  owner or operator intends to remove or decontaminate the hazardous waste at
				  partial or final closure are required by paragraph 1 of subdivision a of
				  subsection 3 of section
				  33-24-05-122 and paragraph 1 of
				  subdivision a of subsection 3 of section
				  33-24-05-135 to have contingent
				  closure plans. The plan must be submitted with the permit application, in
				  accordance with subdivision m of subsection 2 of section
				  33-24-06-17, and approved by the
				  department as part of the permit issuance procedure under 33-24-07. In
				  accordance with section
				  33-24-06-05, the approved closure
				  plan will become a condition of any hazardous waste permit.
b. The department's approval of the plan must
				  ensure that the approved closure plan is consistent with sections
				  33-24-05-60 through
				  33-24-05-64 and the applicable
				  requirements of sections
				  33-24-05-47 through
				  33-24-05-58,
				  33-24-05-97,
				  33-24-05-110,
				  33-24-05-122,
				  33-24-05-135,
				  33-24-05-151,
				  33-24-05-167,
				  33-24-05-180,
				  33-24-05-301, and
				  33-24-05-477. Until final closure
				  is completed and certified in accordance with section
				  33-24-05-64, a copy of the
				  approved plan and all approved revisions must be furnished to the department
				  upon request, including requests by mail.
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 › CLOSURE AND POSTCLOSURE REQUIREMENTS › Section 33-24-05-62 - Closure - Time allowed for closure

Current through Supplement No. 393, July, 2024
1.
				  Within ninety days after receiving the final volume of hazardous wastes at a
				  hazardous waste management unit or facility, the owner or operator shall treat,
				  remove from the unit or facility, or dispose of onsite, all hazardous wastes in
				  accordance with the approved closure plan. The department may approve a longer
				  period if the owner or operator complies with all applicable requirements for
				  requesting a modification to the permit and demonstrates that one or both of
				  the following subdivisions apply:
a. The
				  activities required to comply with this subsection will, of necessity, take
				  longer than ninety days to complete; or
b. All of the following apply:
(1) The hazardous waste management unit or
				  facility has the capacity to receive additional hazardous waste;
(2) There is a reasonable likelihood that the
				  owner or operator or another person will recommence operation of the hazardous
				  waste management unit or the facility within one year;
(3) Closure of the hazardous waste management
				  unit or facility would be incompatible with continued operation of the site;
				  and
(4) The owner or operator has
				  taken and will continue to take all steps to prevent threats to human health
				  and the environment, including compliance with all applicable permit
				  requirements.
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 › CLOSURE AND POSTCLOSURE REQUIREMENTS › Section 33-24-05-63 - Disposal or decontamination of equipment, structures, and soils

Current through Supplement No. 393, July, 2024
During the partial and final closure periods, all
					 contaminated equipment, structures, and soils must be properly disposed of or
					 decontaminated unless otherwise specified in sections
					 33-24-05-110,
					 33-24-05-122,
					 33-24-05-135,
					 33-24-05-167, or
					 33-24-05-180. By removing any
					 hazardous wastes or hazardous constituents during partial and final closure,
					 the owner or operator may become a generator of hazardous waste and shall
					 handle that waste in accordance with all applicable requirements of
					 33-24-03.
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 › CLOSURE AND POSTCLOSURE REQUIREMENTS › Section 33-24-05-64 - Certification of closure

Current through Supplement No. 393, July, 2024
Within sixty days of completion of closure of each
					 hazardous waste surface impoundment, waste pile, land treatment, and landfill
					 unit, and within sixty days of the completion of final closure, the owner or
					 operator shall submit to the department, by registered mail, a certification
					 that the hazardous waste management unit or facility, as applicable, has been
					 closed in accordance with the specifications in the approved closure plan. The
					 certification must be signed by the owner or operator and by a qualified
					 professional engineer. Documentation supporting the professional engineer's
					 certification must be furnished to the department upon request until the
					 department releases the owner or operator from the financial assurance
					 requirements for closure under subsection 9 of section
					 33-24-05-77.
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 › CLOSURE AND POSTCLOSURE REQUIREMENTS › Section 33-24-05-65 - Survey plat

Current through Supplement No. 393, July, 2024
No later than the submission of the certification of
					 closure of each hazardous waste disposal unit, the owner or operator shall
					 submit to the local zoning authority, or the authority with jurisdiction over
					 local land use, and to the department, a survey plot indicating the location
					 and dimensions of landfill cells, or other hazardous waste disposal units with
					 respect to permanently surveyed benchmarks. This plat must be prepared and
					 certified by a professional land surveyor. The plat filed with a local zoning
					 authority or the authority with jurisdiction over local land use, must contain
					 a note, prominently displayed, which states the owner's or operator's
					 obligation to restrict disturbance of the hazardous waste disposal unit in
					 accordance with the applicable regulations under sections
					 33-24-05-59 through
					 33-24-05-73.
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 › CLOSURE AND POSTCLOSURE REQUIREMENTS › Section 33-24-05-66 - Postclosure care and use of property

Current through Supplement No. 393, July, 2024
1.
				  Postclosure care requirements.
a. Postclosure
				  care for each hazardous waste management unit subject to the requirements of
				  sections 33-24-05-66 through
				  33-24-05-69 must begin after
				  completion of closure of the unit and continue for thirty years after that date
				  and must consist of at least the following:
(1) Monitoring and reporting in accordance
				  with the requirements of sections
				  33-24-05-47 through
				  33-24-05-58, sections
				  33-24-05-118 through 33-24-05-143,
				  sections 33-24-05-160 through 33-24-05-190,
				  and sections
				  33-24-05-300 through 33-24-05-309;
				  and
(2) Maintenance and monitoring
				  of waste containment systems in accordance with the requirements of sections
				  33-24-05-47 through
				  33-24-05-58, sections
				  33-24-05-118 through 33-24-05-143,
				  sections 33-24-05-160 through 33-24-05-190,
				  and sections
				  33-24-05-300 through
				  33-24-05-309.
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 › CLOSURE AND POSTCLOSURE REQUIREMENTS › Section 33-24-05-68 - Postclosure notices

Current through Supplement No. 393, July, 2024
1. No later than
				  sixty days after certification of closure of each hazardous waste disposal
				  unit, the owner or operator shall submit to the local zoning authority, or the
				  authority with jurisdiction over local land use, and to the department a record
				  of the type, location, and quantity of hazardous wastes disposed of within each
				  cell or other disposal unit of the facility. For hazardous waste disposed of
				  before January 12, 1981, the owner or operator shall identify the type,
				  location, and quantity of the hazardous wastes to the best of the owner's or
				  operator's knowledge and in accordance with any records the owner or operator
				  has kept.
2. Within sixty days of
				  certification of closure of the first hazardous waste disposal unit and within
				  sixty days of certification of closure of the last hazardous waste disposal
				  unit, the owner or operator shall:
a. Record,
				  in accordance with state law, a notation on the deed to the facility property -
				  or on some other instrument which is normally examined during title search -
				  that will in perpetuity notify any potential purchaser of the property that:
(1) The land has been used to manage
				  hazardous waste;
(2) Use of the
				  land is restricted under sections
				  33-24-05-59 through 33-24-05-73;
				  and
(3) The survey plat and record
				  of the type, location, and quantity of hazardous wastes disposed of within each
				  cell or other hazardous waste disposal unit of the facility required by section
				  33-24-05-65 and subsection 1 have
				  been filed with the local zoning authority or the authority with jurisdiction
				  over local land use and with the department; 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 › CLOSURE AND POSTCLOSURE REQUIREMENTS › Section 33-24-05-69 - Certification of completion of postclosure care

Current through Supplement No. 393, July, 2024
No later than sixty days after completion of the
					 established postclosure care period for each hazardous waste disposal unit, the
					 owner or operator shall submit to the department, by registered mail, a
					 certification that the postclosure care period for the hazardous waste disposal
					 unit was performed in accordance with the specifications in the approved
					 postclosure plan. The certification must be signed by the owner or operator and
					 a qualified professional engineer. Documentation supporting the professional
					 engineer's certification must be furnished to the department upon request until
					 the department releases the owner or operator from the financial assurance
					 requirements for postclosure care under subsection 9 of section
					 33-24-05-77.
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 › CLOSURE AND POSTCLOSURE REQUIREMENTS › Section 33-24-05-70 - 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 › CLOSURE AND POSTCLOSURE REQUIREMENTS › Section 33-24-05-71 - 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 › CLOSURE AND POSTCLOSURE REQUIREMENTS › Section 33-24-05-72 - 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 › CLOSURE AND POSTCLOSURE REQUIREMENTS › Section 33-24-05-73 - 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 › FINANCIAL REQUIREMENTS › Section 33-24-05-74 - Applicability of financial requirements

Current through Supplement No. 393, July, 2024
1.
				  The requirements of sections
				  33-24-05-76,
				  33-24-05-77, and
				  33-24-05-79 through
				  33-24-05-81 apply to owners and
				  operators of all hazardous waste facilities, except as provided otherwise in
				  this section or in section
				  33-24-05-01.
2. The requirements of sections
				  33-24-05-76 and
				  33-24-05-77 apply only to owners
				  and operators of:
a. Disposal
				  facilities;
b. Piles, and surface
				  impoundments from which the owner or operator intends to remove the wastes at
				  closure, to the extent that these sections are made applicable to such
				  facilities in sections
				  33-24-05-122 and
				  33-24-05-135;
c. Tank systems that are required under
				  section 33-24-05-110 to meet the
				  requirements for landfills; and
d.
				  Containment buildings that are required under section
				  33-24-05-477 to meet the
				  requirements for landfills.
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 › FINANCIAL REQUIREMENTS › Section 33-24-05-76 - Cost estimates for closure and postclosure care

Current through Supplement No. 393, July, 2024
1.
The cost estimates for
				  closure.
a. The owner or operator must
				  have a detailed written estimate, in current dollars, of the cost of closing
				  the facility in accordance with the requirements in sections
				  33-24-05-60 through
				  33-24-05-64 and applicable closure
				  requirements in sections
				  33-24-05-97,
				  33-24-05-110,
				  33-24-05-122,
				  33-24-05-135,
				  33-24-05-151,
				  33-24-05-167,
				  33-24-05-180, sections
				  33-24-05-301 through
				  33-24-05-303, and section
				  33-24-05-477.
(1) The estimate must equal the cost of final
				  closure at the point in the facility's active life when the extent and manner
				  of its operation would make closure the most expensive, as indicated by its
				  closure plan (see subsection 2 of section
				  33-24-05-61).
(2) The closure cost estimate must be based
				  on the costs to the owner or operator of hiring a third party to close the
				  facility. A third party is a party who is neither a parent nor a subsidiary of
				  the owner or operator. (See definition of parent corporation in subsection 4 of
				  section 33-24-05-75.) The owner or
				  operator may use costs for onsite disposal if the owner or operator can
				  demonstrate that onsite disposal capacity will exist at all times over the life
				  of the facility.
(3) The closure
				  cost estimate may not incorporate any salvage value that may be realized with
				  the sale of hazardous wastes, facility structures or equipment, land, or other
				  assets associated with the facility at the time of partial or final
				  closure.
(4) The owner or operator
				  may not incorporate a zero cost for hazardous wastes that might have economic
				  value.
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 › FINANCIAL REQUIREMENTS › Section 33-24-05-78 - Use of a financial mechanism for both closure and postclosure care

Current through Supplement No. 393, July, 2024
An owner or operator may satisfy the requirements for
					 financial assurance for both closure and postclosure care for one or more
					 facilities by using a trust fund, surety bond, letter of credit, insurance,
					 financial test, or corporate guarantee that meets the specifications for the
					 mechanism in section
					 33-24-05-77. The amount of funds
					 available through the mechanism must be no less than the sum of funds that
					 would be available if a separate mechanism had been established and maintained
					 for financial assurance of closure and of postclosure care.
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 › FINANCIAL REQUIREMENTS › Section 33-24-05-79 - Liability requirements

Current through Supplement No. 393, July, 2024
1.
Coverage for sudden accidental occurrences.
An owner or operator
				  of a hazardous waste treatment, storage, or disposal facility, or a group of
				  facilities, must demonstrate financial responsibility for bodily injury and
				  property damage to third parties caused by sudden accidental occurrences
				  arising from operations of the facility or group of facilities. The owner or
				  operator must have and maintain liability coverage for sudden accidental
				  occurrences in the amount of at least one million dollars per occurrence with
				  an annual aggregate of at least two million dollars, exclusive of legal defense
				  costs. This liability coverage may be demonstrated as specified in subdivision
				  a, b, c, d, e, or f:
a. An owner or operator
				  may demonstrate the required liability coverage by having liability insurance
				  as specified in this subdivision.
(1) Each
				  insurance policy must be amended by attachment of the hazardous waste facility
				  liability endorsement or evidenced by a certificate of liability insurance. The
				  wording of the endorsement must be identical to the wording specified in
				  subsection 9 of section
				  33-24-05-81. The wording of the
				  certificate of insurance must be identical to the wording specified in
				  subsection 10 of section
				  33-24-05-81. The owner or operator
				  shall submit a signed duplicate original of the endorsement or the certificate
				  of insurance to the department. If requested by the department, the owner or
				  operator shall provide a signed duplicate original of the insurance policy. An
				  owner or operator of a new facility shall submit the signed duplicate original
				  of the hazardous waste facility liability endorsement or the certificate of
				  liability insurance to the department at least sixty days before the day on
				  which hazardous waste is first received for treatment, storage, or disposal.
				  The insurance must be effective before this initial receipt of hazardous
				  waste.
(2) Each insurance policy
				  must be issued by an insurer which, at a minimum, is licensed to transact the
				  business of insurance or eligible to provide insurance as an excess or surplus
				  lines insurer in one or more states.
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 › FINANCIAL REQUIREMENTS › Section 33-24-05-80 - Incapacity of owners or operators, guarantors, or financial institutions

Current through Supplement No. 393, July, 2024
1. An owner or operator must notify the
				  department by certified mail of the commencement of a voluntary or involuntary
				  proceeding under United States Code title 11 (bankruptcy), naming the owner or
				  operator as debtor within ten days after commencement of the proceeding. A
				  guarantor of a corporate guarantee as specified in subsection 6 of section
				  33-24-05-77 or in subsection 7 of
				  section 33-24-05-79 must make such
				  notification if the guarantor is named as debtor as required under the terms of
				  the corporate guarantee.
2. An
				  owner or operator who fulfills the requirements of section
				  33-24-05-77 or
				  33-24-05-79 by obtaining a trust
				  fund, surety bond, letter of credit, or insurance policy will be deemed to be
				  without the required financial assurance or liability coverage in the event of
				  bankruptcy of the trustee or issuing institution, or a suspension or revocation
				  of the authority of the trustee institution to act as a trustee, or of the
				  institution issuing the surety bond, letter of credit, or insurance policy to
				  issue such instruments. The owner or operator shall establish other financial
				  assurance or liability coverage within sixty days after such an
				  event.
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 › FINANCIAL REQUIREMENTS › Section 33-24-05-81 - Wording of the instruments

Current through Supplement No. 393, July, 2024
1. Trust
				  agreement and certification of acknowledgment.
a. A trust agreement for a trust fund as
				  specified in section
				  33-24-05-77 must be worded as
				  follows, except that instructions in brackets are to be replaced with the
				  relevant information and the brackets deleted.
TRUST AGREEMENT, the "AGREEMENT" entered into as of [date]
					 by and between [name of the owner or operator] a [name of state] [insert
					 "corporation", "partnership", "association", or "proprietorship"], the
					 "GRANTOR", and [name of corporate trustee], [insert "incorporated in the state
					 of ____________ " or "a national bank"], the "TRUSTEE".
Whereas, the North Dakota State Department of Health,
					 "DEPARTMENT" a regulatory agency of the state of North Dakota, has established
					 certain regulations applicable to the GRANTOR requiring that an owner or
					 operator of a hazardous waste management facility shall provide assurance that
					 funds will be available when needed for closure or postclosure, or both, care
					 of the facility,
Whereas, the GRANTOR has elected to establish a trust to
					 provide all or part of such financial assurance for the facilities identified
					 herein,
Whereas, the GRANTOR acting through its duly authorized
					 officers has selected the TRUSTEE to be the TRUSTEE under this AGREEMENT and
					 the TRUSTEE is willing to act as TRUSTEE,
Now, therefore, the GRANTOR and the TRUSTEE agree as
					 follows:
Section 1.
Definitions.
As used in this AGREEMENT:
(a) The term GRANTOR means the owner or
				  operator who enters into this AGREEMENT and any successors or assigns of the
				  GRANTOR.
(b) The term TRUSTEE means
				  the TRUSTEE who enters into this AGREEMENT and any successor TRUSTEE.
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 › FINANCIAL REQUIREMENTS › Section 33-24-05-82 - 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 › FINANCIAL REQUIREMENTS › Section 33-24-05-83 - 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 › FINANCIAL REQUIREMENTS › Section 33-24-05-84 - 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 › FINANCIAL REQUIREMENTS › Section 33-24-05-85 - 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 › FINANCIAL REQUIREMENTS › Section 33-24-05-86 - 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 › FINANCIAL REQUIREMENTS › Section 33-24-05-87 - 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 › FINANCIAL REQUIREMENTS › Section 33-24-05-88 - 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 33-24-05-89 - Applicability of requirements for use and management of containers

Current through Supplement No. 393, July, 2024
Sections
					 33-24-05-89 through 33-24-05-102
					 apply to owners and operators of all hazardous waste facilities that store
					 containers 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