reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - 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 33.1-24-05-48 - Required programs

Current through Supplement No. 393, July, 2024
1. Owners and
				  operators subject to the ground water protection requirements of sections
				  33.1-24-05-47 through
				  33.1-24-05-58 shall conduct a
				  monitoring and response program as follows:
a. Whenever hazardous constituents under
				  section 33.1-24-05-50 from a regulated
				  unit are detected at a compliance point under section
				  33.1-24-05-52, the owner or
				  operator must institute a compliance monitoring program under section
				  33.1-24-05-56. Detected is
				  defined as statistically significant evidence of contamination as described in
				  subsection 6 of section
				  33.1-24-05-55;
b. Whenever the ground water protection
				  standard under section
				  33.1-24-05-49 is exceeded, the
				  owner or operator must institute a corrective action program under section
				  33.1-24-05-57. Exceeded is
				  defined as statistically significant evidence of increased contamination as
				  described in subsection 4 of section
				  33.1-24-05-56;
c. Whenever hazardous constituents under
				  section 33.1-24-05-50 from a regulated
				  unit exceed concentration limits under section
				  33.1-24-05-51 in ground water
				  between the compliance point under section
				  33.1-24-05-52 and the
				  downgradient facility boundary property, the owner or operator shall institute
				  a corrective action program under section
				  33.1-24-05-57; or
d. In all other cases, the owner or operator
				  shall institute a detection monitoring program under section
				  33.1-24-05-55.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - 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 33.1-24-05-49 - 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 33.1-24-05-50 detected in the
					 ground water from a regulated unit do not exceed the concentration limits under
					 section 33.1-24-05-51 in the uppermost
					 aquifer underlying the waste management area beyond the point of compliance
					 under section
					 33.1-24-05-52 during the
					 compliance period under section
					 33.1-24-05-53. 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 23.1-04-03; S.L.
						2017, ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03,
						23.1-04-05; S.L. 2017, ch. 199, §
						19
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - 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 33.1-24-05-50 - 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
				  33.1-24-05-49 applies. Hazardous
				  constituents are constituents identified in appendix V of 33.1-24-02 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 33.1-24-02 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 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - 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 33.1-24-05-51 - 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
				  33.1-24-05-50. 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 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - 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 33.1-24-05-52 - 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
				  33.1-24-05-49 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 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - 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 33.1-24-05-53 - 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
				  33.1-24-05-49 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
				  33.1-24-05-56.
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
				  33.1-24-05-49 has not been
				  exceeded for a period of three consecutive years.
General Authority:
NDCC 23.1-04-03; S.L.
						2017, ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03,
						23.1-04-05; S.L. 2017, ch. 199, §
						19
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - 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 33.1-24-05-54 - 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 33.1-24-05-55,
					 33.1-24-05-56, or
					 33.1-24-05-57:
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 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - 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 33.1-24-05-55 - Detection monitoring program

Current through Supplement No. 393, July, 2024
An owner or operator required to establish a detection
					 monitoring program under sections
					 33.1-24-05-47 through
					 33.1-24-05-58 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 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - 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 33.1-24-05-56 - 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
					 33.1-24-05-47 through
					 33.1-24-05-58 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
				  33.1-24-05-49. The department
				  will specify the ground water protection standard in the facility permit,
				  including:
a. A list of the hazardous
				  constituents identified under section
				  33.1-24-05-50.
b. Concentration limits under section
				  33.1-24-05-51 for each of those
				  hazardous constituents.
c. The
				  compliance point under section
				  33.1-24-05-52.
d. The compliance period under section
				  33.1-24-05-53.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - 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 33.1-24-05-57 - Corrective action program

Current through Supplement No. 393, July, 2024
An owner or operator required to establish a corrective
					 action program under sections
					 33.1-24-05-47 through
					 33.1-24-05-58 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
				  33.1-24-05-49. The department
				  will specify the ground water protection standard in the facility permit
				  including:
a. A list of the hazardous
				  constituents identified under section
				  33.1-24-05-50.
b. Concentration limits under section
				  33.1-24-05-51 for each of those
				  hazardous constituents.
c. The
				  compliance point under section
				  33.1-24-05-52.
d. The compliance period under section
				  33.1-24-05-53.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - 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 33.1-24-05-58 - 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
				  33.1-24-05-550 through
				  33.1-24-05-559. 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 23.1-04-03; S.L.
						2017, ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03,
						23.1-04-05; S.L. 2017, ch. 199, §
						19
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - 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 33.1-24-05-59 - Applicability of closure and postclosure requirements

Current through Supplement No. 393, July, 2024
Except as section
					 33.1-24-05-01 provides
					 otherwise:
1. Sections
				  33.1-24-05-60 through
				  33.1-24-05-64 (which concern
				  closure) apply to the owners and operators of all hazardous waste management
				  facilities; and
2. Sections
				  33.1-24-05-65 through
				  33.1-24-05-69 (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
				  33.1-24-05-119 or
				  33.1-24-05-135;
c. Tank systems that are required under
				  section 33.1-24-05-110 to meet the
				  requirements for landfills; and
d.
				  Containment buildings that are required under section
				  33.1-24-05-477 to meet the
				  requirement for landfills.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - 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 33.1-24-05-60 - 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
				  33.1-24-05-59 through
				  33.1-24-05-73, including the
				  requirements of sections
				  33.1-24-05-97,
				  33.1-24-05-110,
				  33.1-24-05-122,
				  33.1-24-05-135,
				  33.1-24-05-151,
				  33.1-24-05-167,
				  33.1-24-05-180,
				  33.1-24-05-301 through
				  33.1-24-05-303, and section
				  33.1-24-05-477.
General Authority:
NDCC 23.1-04-03; S.L.
						2017, ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03,
						23.1-04-05; S.L. 2017, ch. 199, §
						19
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - 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 33.1-24-05-61 - 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 33.1-24-05-122 and paragraph 1
				  of subdivision a of subsection 3 of section
				  33.1-24-05-135 to have
				  contingent closure plans. The plan must be submitted with the permit
				  application, in accordance with subdivision m of subsection 2 of section
				  33.1-24-06-17, and approved by
				  the department as part of the permit issuance procedure under 33.1-24-07. In
				  accordance with section
				  33.1-24-06-05, 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
				  33.1-24-05-60 through
				  33.1-24-05-64 and the applicable
				  requirements of sections
				  33.1-24-05-47 through
				  33.1-24-05-58,
				  33.1-24-05-97,
				  33.1-24-05-110,
				  33.1-24-05-122,
				  33.1-24-05-135,
				  33.1-24-05-151,
				  33.1-24-05-167,
				  33.1-24-05-180,
				  33.1-24-05-301, and
				  33.1-24-05-477. Until final
				  closure is completed and certified in accordance with section
				  33.1-24-05-64, 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 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - 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 33.1-24-05-62 - 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 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - 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 33.1-24-05-63 - 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
					 33.1-24-05-110,
					 33.1-24-05-122,
					 33.1-24-05-135,
					 33.1-24-05-167, or
					 33.1-24-05-180. 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
					 33.1-24-03.
General Authority:
NDCC 23.1-04-03; S.L.
						2017, ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03,
						23.1-04-05; S.L. 2017, ch. 199, §
						19
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - 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 33.1-24-05-64 - 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
					 33.1-24-05-77.
General Authority:
NDCC 23.1-04-03; S.L.
						2017, ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03,
						23.1-04-05; S.L. 2017, ch. 199, §
						19
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - 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 33.1-24-05-65 - 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
					 33.1-24-05-59 through
					 33.1-24-05-73.
General Authority:
NDCC 23.1-04-03; S.L.
						2017, ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03,
						23.1-04-05; S.L. 2017, ch. 199, §
						19
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - 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 33.1-24-05-66 - 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
				  33.1-24-05-66 through
				  33.1-24-05-69 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
				  33.1-24-05-47 through
				  33.1-24-05-58, sections
				  33.1-24-05-118 through
				  33.1-24-05-143, sections
				  33.1-24-05-160 through
				  33.1-24-05-190, and sections
				  33.1-24-05-300 through
				  33.1-24-05-309; and
(2) Maintenance and monitoring of waste
				  containment systems in accordance with the requirements of sections
				  33.1-24-05-47 through
				  33.1-24-05-58, sections
				  33.1-24-05-118 through
				  33.1-24-05-143, sections
				  33.1-24-05-160 through
				  33.1-24-05-190, and sections
				  33.1-24-05-300 through
				  33.1-24-05-309.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - 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 33.1-24-05-68 - 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
				  33.1-24-05-59 through
				  33.1-24-05-73; 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
				  33.1-24-05-65 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 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - 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 33.1-24-05-69 - 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
					 33.1-24-05-77.
General Authority:
NDCC 23.1-04-03; S.L.
						2017, ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03,
						23.1-04-05; S.L. 2017, ch. 199, §
						19
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - 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 33.1-24-05-70 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - 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 33.1-24-05-71 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - 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 33.1-24-05-72 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - 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 33.1-24-05-73 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - 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 33.1-24-05-74 - Applicability of financial requirements

Current through Supplement No. 393, July, 2024
1. The requirements
				  of sections
				  33.1-24-05-76,
				  33.1-24-05-77, and
				  33.1-24-05-79 through
				  33.1-24-05-81 apply to owners
				  and operators of all hazardous waste facilities, except as provided otherwise
				  in this section or in section
				  33.1-24-05-01.
2. The requirements of sections
				  33.1-24-05-76 and
				  33.1-24-05-77 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
				  33.1-24-05-122 and
				  33.1-24-05-135;
c. Tank systems that are required under
				  section 33.1-24-05-110 to meet the
				  requirements for landfills; and
d.
				  Containment buildings that are required under section
				  33.1-24-05-477 to meet the
				  requirements for landfills.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - 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 33.1-24-05-76 - 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
				  33.1-24-05-60 through
				  33.1-24-05-64 and applicable
				  closure requirements in sections
				  33.1-24-05-97,
				  33.1-24-05-110,
				  33.1-24-05-122,
				  33.1-24-05-135,
				  33.1-24-05-151,
				  33.1-24-05-167,
				  33.1-24-05-180, sections
				  33.1-24-05-301 through
				  33.1-24-05-303, and section
				  33.1-24-05-477.
(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
				  33.1-24-05-61).
(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 33.1-24-05-75.) 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 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - 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 33.1-24-05-78 - 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
					 33.1-24-05-77. 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 23.1-04-03; S.L.
						2017, ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03,
						23.1-04-05; S.L. 2017, ch. 199, §
						19
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - 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 33.1-24-05-79 - 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 Adopted 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 33.1-24-05-81. The wording of
				  the certificate of insurance must be identical to the wording specified in
				  subsection 10 of section
				  33.1-24-05-81. 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 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - 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 33.1-24-05-80 - 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
				  33.1-24-05-77 or in subsection 7
				  of section
				  33.1-24-05-79 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
				  33.1-24-05-77 or
				  33.1-24-05-79 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 23.1-04-03; S.L.
						2017, ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03,
						23.1-04-05; S.L. 2017, ch. 199, §
						19
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - 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 33.1-24-05-81 - 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
				  33.1-24-05-77 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 Department of Environmental
					 Quality, "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.