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 33.1-20-08-01 - Definitions

Current through Supplement No. 393, July, 2024
The terms used in this chapter have the same meaning as in
				  North Dakota Century Code section 23.1-08-02 and section 33.1-20-01.1-03,
				  except:
1. "Active facility or active
				electric utilities or independent power producers" means any facility subject
				to the requirements of this article that is in operation on October 19, 2015.
				An electric utility or independent power producer is in operation if it is
				generating electricity that is provided to electric power transmission systems
				or to electric power distribution systems on or after October 19, 2015. An
				offsite disposal facility is in operation if it is accepting or managing CCR on
				or after October 19, 2015.
2.
				"Active life or in operation" means the period of operation beginning with the
				initial placement of solid waste in the solid waste management unit and ending
				at completion of closure activities in accordance with section
				33.1-20-08-07.
3. "Active portion"
				means that part of the solid waste management unit that has received or is
				receiving solid waste and that has not completed closure in accordance with
				section 33.1-20-08-07.
4. "CCR
				landfill" means an area of land or an excavation that receives CCR and which is
				not a surface impoundment, an underground injection well, a salt dome
				formation, a salt bed formation, an underground or surface coal mine, or a
				cave. For purposes of this article, a CCR landfill also includes sand and
				gravel pits and quarries that receive CCR, CCR piles, and any practice that
				does not meet the definition of a beneficial use of CCR.
5. "CCR pile" means any noncontainerized
				accumulation of solid, nonflowing CCR that is placed on the land. Coal
				combustion residuals that is beneficially used offsite is not a CCR
				pile.
6. "CCR surface impoundment"
				means a natural topographic depression, manmade excavation, or diked area,
				which is designed to hold an accumulation of CCR and liquids, and the unit
				treats, stores, or disposes of CCR.
7. "CCR surface impoundment height" means the
				vertical measurement from the downstream toe of the CCR surface impoundment at
				its lowest point to the lowest elevation of the crest of the CCR surface
				impoundment.
8. "CCR unit" means a
				CCR landfill, CCR surface impoundment, or lateral expansion of a CCR unit, or a
				combination of more than one of these units, based on the context of the
				paragraphs in which it is used. This term includes both new and existing units,
				unless otherwise specified.
9.
				"Existing CCR landfill" means a CCR landfill that receives CCR both before and
				after October 19, 2015, or for which construction commenced prior to October
				19, 2015, and receives CCR on or after October 19, 2015. A CCR landfill has
				commenced construction if the owner or operator has obtained the federal,
				state, and local approvals or permits necessary to begin physical construction
				and a continuous onsite, physical construction program had begun prior to
				October 19, 2015.
10. "Existing
				CCR surface impoundment" means a CCR surface impoundment that receives CCR both
				before and after October 19, 2015, or for which construction commenced prior to
				October 19, 2015, and receives CCR on or after October 19, 2015. A CCR surface
				impoundment has commenced construction if the owner or operator has obtained
				the federal, state, and local approvals or permits necessary to begin physical
				construction and a continuous onsite, physical construction program had begun
				prior to October 19, 2015.
11.
				"Grading" means the placement of CCR only to the extent necessary to create
				sufficient differences in elevation to support stormwater drainage.
12. "Hazard potential classification" means
				the possible adverse incremental consequences that result from the release of
				water or stored contents due to failure of the diked CCR surface impoundment or
				misoperation of the diked CCR surface impoundment or its appurtenances. The
				hazardous potential classifications include high-hazard potential CCR surface
				impoundment, low-hazard potential CCR surface impoundment, and
				significant-hazard potential CCR surface impoundment, which terms mean:
a. "High-hazard potential CCR surface
				impoundment" means a diked surface impoundment where failure or misoperation
				will probably cause loss of human life.
b. "Low-hazard potential CCR surface
				impoundment" means a diked surface impoundment where failure or misoperation
				results in no probable loss of human life and low economic or environmental
				losses, or both. Losses are principally limited to the surface impoundment
				owner's property.
c.
				"Significant-hazard potential CCR surface impoundment" means a diked surface
				impoundment where failure or mis-operation results in no probable loss of human
				life, but can cause economic loss, environmental damage, disruption of lifeline
				facilities, or impact other concerns.