North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-20 - SOLID WASTE MANAGEMENT AND LAND PROTECTION › Chapter 33.1-20-08 - DISPOSAL OF COAL COMBUSTION RESIDUALS IN LANDFILLS AND SURFACE IMPOUNDMENTS › Section 33.1-20-08-07 - Closure and postclosure care

Current through Supplement No. 393, July, 2024
1.
				Inactive CCR surface impoundments.
a.
				Inactive CCR surface impoundments are subject to all of the requirements of
				this chapter applicable to existing CCR surface impoundments.
b. The owner or operator of an inactive CCR
				surface impoundment shall include documentation of the requirements of this
				subdivision with the permit modification application required by subsection 9
				of section 33.1-20-08-02.
(1) Recordkeeping,
				notification, and internet requirements.
(a)
				The owner or operator must have prepared and placed a notification of intent to
				initiate closure of the inactive CCR surface impoundment in the facility's
				operating record;
(b) The owner or
				operator must have provided notification of the intent to initiate closure of
				the inactive CCR surface impoundment to the department; and
(c) The owner or operator must have placed
				the notification of intent to initiate closure of the inactive CCR surface
				impoundment on its CCR website.
(2) Location restrictions.
(a) The owner or operator of the inactive CCR
				surface impoundment shall:
[1] Complete the
				demonstration for placement above the uppermost aquifer as set forth by
				subsection 1 of section 33.1-20-08-03;
[2] Complete the demonstration for wetlands
				as set forth by subsection 2 of section 33.1-20-08-03;
[3] Complete the demonstration for fault
				areas as set forth by subsection 3 of section 33.1-20-08-03;
[4] Complete the demonstration for seismic
				impact zones as set forth by subsection 4 of section 33.1-20-08-03;
[5] Complete the demonstration for unstable
				areas as set forth by subsection 5 of section 33.1-20-08-03.
(b) An owner or operator of an
				inactive CCR surface impoundment who fails to demonstrate compliance with the
				requirements of subparagraph a is subject to the closure requirements of
				paragraph 1 of subdivision b of subsection 2.
(3) Design criteria. The owner or operator of
				the inactive CCR surface impoundment shall:
(a) Complete the documentation of liner type
				as set forth by subdivision a of subsection 2 of section
				33.1-20-08-04.
(b) Place on or
				immediately adjacent to the CCR unit the permanent identification marker as set
				forth by paragraph 1 of subdivision a of subsection 3 of section
				33.1-20-08-04.
(c) Prepare and
				maintain an emergency action plan as set forth by paragraph 3 of subdivision a
				of subsection 3 of section 33.1-20-08-04.
(d) Compile information relating to
				construction as set forth by subdivision c of subsection 3 of section
				33.1-20-08-04.
(e) Complete the
				initial hazard potential classification, structural stability, and safety
				factor assessments as set forth by paragraph 2 of subdivision a and
				subdivisions d and e of subsection 3 of section 33.1-20-08-04.
(4) Operating criteria. The owner
				or operator of the inactive CCR surface impoundment shall:
(a) Prepare the initial CCR fugitive dust
				control plan as set forth in subsection 1 of section 33.1-20-08-05.
(b) Prepare the initial inflow design flood
				control system plan as set forth in subsection 3 of section
				33.1-20-08-05.
(c) Initiate the
				inspections by a qualified person as set forth by subsection 4 of section
				33.1-20-08-05.
(d) Complete the
				initial annual inspection by a qualified professional engineer set forth in
				subsection 4 of section 33.1-20-08-05.
(5) Ground water monitoring and corrective
				action. The owner or operator of the inactive CCR surface impoundment shall:
(a) Comply with ground water monitoring
				requirements set forth in subdivision b of subsection 1 of section
				33.1-20-08-06 and subdivision b of subsection 4 of section 33.1-20-08-06;
				and
(b) Prepare the initial ground
				water monitoring and corrective action report as set forth in subdivision e of
				subsection 1 of section 33.1-20-08-06.
(6) Closure and postclosure care. The owner
				or operator of the inactive CCR surface impoundment shall:
(a) Prepare an initial written closure plan
				as set forth in subdivision b of subsection 3; and
(b) Prepare an initial written postclosure
				care plan as set forth in subdivision d of subsection 5.