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 › STANDARDS FOR FACILITIES OPERATING UNDER A STANDARDIZED PERMIT › Section 33.1-24-05-1061 - Definitions of terms

Current through Supplement No. 393, July, 2024
1. "Closure plan"
				  means the plan for closure prepared in accordance with the requirements of
				  section 33.1-24-05-1042.
2. "Current closure cost estimate" means the
				  most recent of the estimates prepared in accordance with subsections 1, 2, and
				  3 of section
				  33.1-24-05-1062.
3. [Reserved].
4. "Parent corporation" means a corporation
				  which directly owns at least fifty percent of the voting stock of the
				  corporation which is the facility owner or operator; the latter corporation is
				  deemed a "subsidiary" of the parent corporation.
5. [Reserved].
6. The following terms are used in the
				  specifications for the financial tests for closure and liability coverage. The
				  definitions are intended to assist in the understanding of these regulations
				  and are not intended to limit the meanings of terms in a way that conflicts
				  with generally accepted accounting practices:
a. "Assets" means all existing and all
				  probable future economic benefits obtained or controlled by a particular
				  entity.
b. "Current plugging and
				  abandonment cost estimate" means the most recent of the estimates prepared in
				  accordance with
				  40 CFR section
				  144.62(a), (b), and
				  (c).
c. "Independently audited" refers to an audit
				  performed by an independent certified public accountant in accordance with
				  generally accepted auditing standards.
d. "Liabilities" means probable future
				  sacrifices of economic benefits arising from present obligations to transfer
				  assets or provide services to other entities in the future as a result of past
				  transactions or events.
e.
				  "Tangible net worth" means the tangible assets that remain after deducting
				  liabilities; such assets would not include intangibles such as goodwill and
				  rights to patents or royalties.
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 › STANDARDS FOR FACILITIES OPERATING UNDER A STANDARDIZED PERMIT › Section 33.1-24-05-1062 - Cost estimates for closure

Current through Supplement No. 393, July, 2024
1. The owner or
				  operator must have at the facility a detailed written estimate, in current
				  dollars, of the cost of closing the facility in accordance with the
				  requirements in sections
				  33.1-24-05-1041 through
				  33.1-24-05-1045 and applicable
				  closure requirements in sections
				  33.1-24-05-1086,
				  33.1-24-05-1111, and
				  33.1-24-05-1138.
a. 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 the
				  closure plan (see subsection 2 of section
				  33.1-24-05-1042).
b. 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 33.1-24-05-1061). 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.
c. The closure
				  cost estimate may not incorporate any salvage value that may be realized with
				  the sale of hazardous wastes, or nonhazardous wastes, facility structures or
				  equipment, land, or other assets associated with the facility at the time of
				  partial or final closure.
d. The
				  owner or operator may not incorporate a zero cost for hazardous wastes, or
				  nonhazardous 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 › STANDARDS FOR FACILITIES OPERATING UNDER A STANDARDIZED PERMIT › Section 33.1-24-05-1064 - 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 › STANDARDS FOR FACILITIES OPERATING UNDER A STANDARDIZED PERMIT › Section 33.1-24-05-1065 - 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 › STANDARDS FOR FACILITIES OPERATING UNDER A STANDARDIZED PERMIT › Section 33.1-24-05-1066 - 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 › STANDARDS FOR FACILITIES OPERATING UNDER A STANDARDIZED PERMIT › Section 33.1-24-05-1068 - 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 title 11 (bankruptcy), United States
				  Code, 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 7 of section
				  33.1-24-05-1063 and subsection 7
				  of section
				  33.1-24-05-1067 must make such a
				  notification if the owner or operator is named as debtor, as required under the
				  terms of the corporate guarantee (subsection 8 of section
				  33.1-24-05-81).
2. An owner or operator who fulfills the
				  requirements of section
				  33.1-24-05-1063 or section
				  33.1-24-05-1067 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 trustee or of
				  the institution issuing the surety bond, letter of credit, or insurance policy
				  to issue such instruments. The owner or operator must 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, 23.1-04-08; 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 › STANDARDS FOR FACILITIES OPERATING UNDER A STANDARDIZED PERMIT › Section 33.1-24-05-1069 - 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 › STANDARDS FOR FACILITIES OPERATING UNDER A STANDARDIZED PERMIT › Section 33.1-24-05-1070 - 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 › STANDARDS FOR FACILITIES OPERATING UNDER A STANDARDIZED PERMIT › Section 33.1-24-05-1072 - 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 › STANDARDS FOR FACILITIES OPERATING UNDER A STANDARDIZED PERMIT › Section 33.1-24-05-1073 - 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 › STANDARDS FOR FACILITIES OPERATING UNDER A STANDARDIZED PERMIT › Section 33.1-24-05-1074 - 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 › STANDARDS FOR FACILITIES OPERATING UNDER A STANDARDIZED PERMIT › Section 33.1-24-05-1075 - 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 › STANDARDS FOR FACILITIES OPERATING UNDER A STANDARDIZED PERMIT › Section 33.1-24-05-1076 - 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 › STANDARDS FOR FACILITIES OPERATING UNDER A STANDARDIZED PERMIT › Section 33.1-24-05-1077 - 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 › STANDARDS FOR FACILITIES OPERATING UNDER A STANDARDIZED PERMIT › Section 33.1-24-05-1078 - 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 › STANDARDS FOR FACILITIES OPERATING UNDER A STANDARDIZED PERMIT › Section 33.1-24-05-1079 - 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 › STANDARDS FOR FACILITIES OPERATING UNDER A STANDARDIZED PERMIT › Section 33.1-24-05-1080 - Applicability of requirements for use and management of containers

Current through Supplement No. 393, July, 2024
Sections 33.1-24-05-1080 through
					 33.1-24-05-1099 applies to
					 owners or operators of facilities that treat or store hazardous waste in
					 containers under sections
					 33.1-24-06-45 through
					 33.1-24-06-85, except as
					 provided in subsection 2 of section
					 33.1-24-05-950.
General Authority:
NDCC 23.1-04-03; S.L.
						2017, ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03,
						23.1-04-05, 23.1-04-08; 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 › STANDARDS FOR FACILITIES OPERATING UNDER A STANDARDIZED PERMIT › Section 33.1-24-05-1081 - Container standards

Current through Supplement No. 393, July, 2024
Standards apply to the condition of the containers, to the
					 compatibility of waste with the containers, and to the management of the
					 containers.
1. Condition of
				  containers. If a container holding hazardous waste is not in good condition
				  (for example, it exhibits severe rusting or apparent structural defects) or if
				  it begins to leak, the owner or operator must either:
a. Transfer the hazardous waste from this
				  container to a container that is in good condition; or
b. Manage the waste in some other way that
				  complies with the requirements of sections
				  33.1-24-05-950 through
				  33.1-24-05-1149.
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 › STANDARDS FOR FACILITIES OPERATING UNDER A STANDARDIZED PERMIT › Section 33.1-24-05-1082 - Inspections

Current through Supplement No. 393, July, 2024
At least weekly, the owner or operator must inspect areas
					 where containers are stored, looking for leaking containers and for
					 deterioration of containers and the containment system caused by corrosion or
					 other factors.
General Authority:
NDCC 23.1-04-03; S.L.
						2017, ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03,
						23.1-04-05, 23.1-04-08; 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 › STANDARDS FOR FACILITIES OPERATING UNDER A STANDARDIZED PERMIT › Section 33.1-24-05-1083 - Containment

Current through Supplement No. 393, July, 2024
1. Container
				  storage areas must have a containment system that is designed and operated in
				  accordance with subsection 2, except as provided otherwise in subsection
				  3.
2. The containment system must
				  be designed and operated as follows:
a. A
				  base must underlie the containers that is free of cracks or gaps and is
				  sufficiently impervious to contain leaks, spills, and accumulated precipitation
				  until the collected material is detected and removed.
b. The base must be sloped or the containment
				  system, must be otherwise designed and operated to drain and remove liquids
				  resulting from leaks, spills, or precipitation, unless the containers are
				  elevated or are otherwise protected from contact with accumulated
				  liquids.
c. The containment system
				  must have sufficient capacity to contain ten percent of the volume of
				  containers, or the volume of the largest container, whichever is greater. This
				  requirement does not apply to containers that do not contain free
				  liquids.
d. Run-on into the
				  containment system must be prevented unless the collection system has
				  sufficient excess capacity, in addition to that required in subdivision c, to
				  contain the liquid.
e. Spilled or
				  leaked waste and accumulated precipitation must be removed from the sump or
				  collection area as promptly as is necessary to prevent overflow of the
				  collection system.
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 › STANDARDS FOR FACILITIES OPERATING UNDER A STANDARDIZED PERMIT › Section 33.1-24-05-1084 - Special requirements for ignitable or reactive wastes

Current through Supplement No. 393, July, 2024
Containers holding ignitable or reactive waste must be
					 located at least fifteen meters [50 feet] from the facility's property line.
					 The owner or operator must also follow the general requirements for ignitable
					 or reactive wastes that are specified in subsection 1 of section
					 33.1-24-05-967.
General Authority:
NDCC 23.1-04-03; S.L.
						2017, ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03,
						23.1-04-05, 23.1-04-08; 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 › STANDARDS FOR FACILITIES OPERATING UNDER A STANDARDIZED PERMIT › Section 33.1-24-05-1085 - Special requirements for incompatible wastes

Current through Supplement No. 393, July, 2024
1. Incompatible
				  wastes, or incompatible wastes and materials (see appendix III to chapter
				  33.1-24-05 for examples), must not be placed in the same container, unless
				  subsection 2 of section
				  33.1-24-05-967 is complied
				  with.
2. Hazardous waste must not
				  be placed in an unwashed container that previously held an incompatible waste
				  or material.
3. A storage container
				  holding a hazardous waste that is incompatible with any waste or with other
				  materials stored nearby in other containers, piles, open tanks, or surface
				  impoundments must be separated from the other materials or protected from them
				  by means of a dike, berm, wall, or other device.
General Authority:
NDCC 23.1-04-03; S.L.
						2017, ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03,
						23.1-04-05, 23.1-04-08; 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 › STANDARDS FOR FACILITIES OPERATING UNDER A STANDARDIZED PERMIT › Section 33.1-24-05-1086 - Closure

Current through Supplement No. 393, July, 2024
At closure, all hazardous waste and hazardous waste
					 residues must be removed from the containment system. Remaining containers,
					 liners, bases, and soil containing or contaminated with hazardous waste or
					 hazardous waste residues must be decontaminated or removed.
General Authority:
NDCC 23.1-04-03; S.L.
						2017, ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03,
						23.1-04-05, 23.1-04-08; 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 › STANDARDS FOR FACILITIES OPERATING UNDER A STANDARDIZED PERMIT › Section 33.1-24-05-1087 - Air emission standards

Current through Supplement No. 393, July, 2024
The owner or operator shall manage all hazardous waste
					 placed in a container in accordance with the requirements of sections
					 33.1-24-05-400 through
					 33.1-24-05-474. Under a
					 standardized permit, the following control devices are permissible: thermal
					 vapor incinerator, catalytic vapor incinerator, flame, boiler, process heater,
					 condenser, and carbon absorption unit.
General Authority:
NDCC 23.1-04-03; S.L.
						2017, ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03,
						23.1-04-05, 23.1-04-08; 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 › STANDARDS FOR FACILITIES OPERATING UNDER A STANDARDIZED PERMIT › Section 33.1-24-05-1088 - 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 › STANDARDS FOR FACILITIES OPERATING UNDER A STANDARDIZED PERMIT › Section 33.1-24-05-1089 - 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 › STANDARDS FOR FACILITIES OPERATING UNDER A STANDARDIZED PERMIT › Section 33.1-24-05-1090 - 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 › STANDARDS FOR FACILITIES OPERATING UNDER A STANDARDIZED PERMIT › Section 33.1-24-05-1091 - 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 › STANDARDS FOR FACILITIES OPERATING UNDER A STANDARDIZED PERMIT › Section 33.1-24-05-1092 - 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 › STANDARDS FOR FACILITIES OPERATING UNDER A STANDARDIZED PERMIT › Section 33.1-24-05-1093 - 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 › STANDARDS FOR FACILITIES OPERATING UNDER A STANDARDIZED PERMIT › Section 33.1-24-05-1094 - 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 › STANDARDS FOR FACILITIES OPERATING UNDER A STANDARDIZED PERMIT › Section 33.1-24-05-1095 - 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 › STANDARDS FOR FACILITIES OPERATING UNDER A STANDARDIZED PERMIT › Section 33.1-24-05-1096 - 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 › STANDARDS FOR FACILITIES OPERATING UNDER A STANDARDIZED PERMIT › Section 33.1-24-05-1097 - 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 › STANDARDS FOR FACILITIES OPERATING UNDER A STANDARDIZED PERMIT › Section 33.1-24-05-1098 - 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 › STANDARDS FOR FACILITIES OPERATING UNDER A STANDARDIZED PERMIT › Section 33.1-24-05-1099 - 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 › STANDARDS FOR FACILITIES OPERATING UNDER A STANDARDIZED PERMIT › Section 33.1-24-05-1100 - Applicability of tank requirements

Current through Supplement No. 393, July, 2024
The requirements of sections 33.1-24-05-1100 through
					 33.1-24-05-1129 applies to
					 owners or operators of facilities that treat or store hazardous waste in above
					 ground or on ground tanks under sections
					 33.1-24-06-45 through
					 33.1-24-06-85, standardized
					 permit, except as provided in subsection 2 of section
					 33.1-24-05-950.
1. Tank systems which contains no free
				  liquids and are situated inside a building with an impermeable floor are
				  exempted from the requirements in section
				  33.1-24-05-1105. To demonstrate
				  the absence or presence of free liquids in the stored or treated waste, the
				  following test must be used: method 9095B (paint filter liquids test) as
				  described in "Test Methods for Evaluating Solid Waste, Physical/Chemical
				  Methods," environmental protection agency publication SW-846, as incorporated
				  by reference in section
				  33.1-24-01-05.
2. Tank systems, including sumps, as defined
				  in section
				  33.1-24-01-04, that serve as
				  part of a secondary containment system to collect or contain releases of
				  hazardous wastes are exempted from the requirements of subsection 1 of section
				  33.1-24-05-1105.
General Authority:
NDCC 23.1-04-03; S.L.
						2017, ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03,
						23.1-04-05, 23.1-04-08; 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 › STANDARDS FOR FACILITIES OPERATING UNDER A STANDARDIZED PERMIT › Section 33.1-24-05-1101 - Design and construction standards for new tank systems or components

Current through Supplement No. 393, July, 2024
Owners or operators must ensure that the foundation,
					 structural support, seams, connections, and pressure controls (if applicable)
					 are adequately designed and that the tank system has sufficient structural
					 strength, compatibility with the wastes to be stored or treated, and corrosion
					 protection to ensure that it will not collapse, rupture, or fail. The owner or
					 operator must obtain a written assessment, reviewed and certified by a
					 qualified professional engineer, in accordance with subsection 4 of section
					 33.1-24-06-03, attesting that
					 the tank system has sufficient structural integrity and is acceptable for the
					 storing and treating of hazardous waste. This assessment must include, at a
					 minimum, the following information:
1.
				  Design standards for the construction of tanks or the ancillary equipment, or
				  both.
2. Hazardous characteristics
				  of the wastes to be handled.
3. For
				  new tank systems or components in which the external shell of a metal tank or
				  any external metal component of the tank system will be in contact with the
				  soil or with water, a determination by a corrosion expert of:
a. Factors affecting the potential for
				  corrosion, such as:
(1) Soil moisture
				  content.
(2) Soil pH.
(3) Soil sulfides level.
(4) Soil resistivity.
(5) Structure to soil potential.
(6) Existence of stray electric
				  current.
(7) Existing corrosion
				  protection measures (for example, coating, cathodic protection).
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 › STANDARDS FOR FACILITIES OPERATING UNDER A STANDARDIZED PERMIT › Section 33.1-24-05-1102 - Handling and inspection procedures during installation of a new tank system

Current through Supplement No. 393, July, 2024
1. The owner or
				  operator shall ensure that proper handling procedures are followed to prevent
				  damage to a new tank system during installation. Before placing a new tank
				  system or component in use an independent, qualified installation inspector or
				  a qualified professional engineer, either of whom is trained and experienced in
				  the proper installation of tank systems or components, must inspect the system
				  for the presence of any of the following items:
a. Weld breaks.
b. Punctures.
c. Scrapes of protective coatings.
d. Cracks.
e. Corrosion.
f. Other structural damage or inadequate
				  construction or installation.
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 › STANDARDS FOR FACILITIES OPERATING UNDER A STANDARDIZED PERMIT › Section 33.1-24-05-1103 - Testing

Current through Supplement No. 393, July, 2024
All new tanks and ancillary equipment must be tested for
					 tightness before being placed into use. If a tank system is found not to be
					 tight, all repairs necessary to remedy the leaks in the system must be
					 performed prior to covering, enclosing, or placing the tank system into
					 use.
General Authority:
NDCC 23.1-04-03; S.L.
						2017, ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03,
						23.1-04-05, 23.1-04-08; 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 › STANDARDS FOR FACILITIES OPERATING UNDER A STANDARDIZED PERMIT › Section 33.1-24-05-1104 - Installation requirements

Current through Supplement No. 393, July, 2024
1. The owner or
				  operator must support and protect ancillary equipment against physical damage
				  and excessive stress due to settlement, vibration, expansion, or
				  contraction.
2. The owner or
				  operator must provide the type and degree of corrosion protection recommended
				  by an independent corrosion expert, based on the information provided under
				  subsection 3 of section
				  33.1-24-05-1101, to ensure the
				  integrity of the tank system during use of the tank system. An independent
				  corrosion expert must supervise the installation of a corrosion protection
				  system that is field fabricated to ensure proper installation.
3. The owner or operator must obtain, and
				  keep at the facility, written statements by those persons required to certify
				  the design of the tank system and to supervise the installation of the tank
				  system as required in sections
				  33.1-24-05-1102,
				  33.1-24-05-1103, and subsections
				  1 and 2. The written statement must attest that the tank system was properly
				  designed and installed and that the owner or operator made repairs under
				  sections
				  33.1-24-05-1102 and
				  33.1-24-05-1103. These written
				  statements must also include the certification statement as required in
				  subsection 4 of section
				  33.1-24-06-03.
General Authority:
NDCC 23.1-04-03; S.L.
						2017, ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03,
						23.1-04-05, 23.1-04-08; 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 › STANDARDS FOR FACILITIES OPERATING UNDER A STANDARDIZED PERMIT › Section 33.1-24-05-1105 - Secondary containment requirements

Current through Supplement No. 393, July, 2024
To prevent the release of hazardous waste or hazardous
					 constituents to the environment, the owner or operator must provide secondary
					 containment that meets the requirements of this section for all new and
					 existing tank systems.
1. Secondary
				  containment systems must be:
a. Designed,
				  installed, and operated to prevent any migration of wastes or accumulated
				  liquid out of the system to the soil, ground water, or surface water at any
				  time during the use of the tank system; and
b. Capable of detecting and collecting
				  releases and accumulated liquids until the collected material is
				  removed.
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 › STANDARDS FOR FACILITIES OPERATING UNDER A STANDARDIZED PERMIT › Section 33.1-24-05-1106 - Secondary containment devices

Current through Supplement No. 393, July, 2024
1. Secondary
				  containment for tanks must include one or more of the following:
a. A liner (external to the tank).
b. A double-walled tank.
c. An equivalent device (documentation of
				  equivalency must be maintained at the facility).
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 › STANDARDS FOR FACILITIES OPERATING UNDER A STANDARDIZED PERMIT › Section 33.1-24-05-1107 - Requirements for ancillary equipment

Current through Supplement No. 393, July, 2024
An owner or operator must provide ancillary equipment with
					 secondary containment (for example, trench, jacketing, double-walled piping)
					 that meets the requirements of subsections 1 and 2 of section
					 33.1-24-05-1105, except
					 for:
1. Aboveground piping (exclusive
				  of flanges, joints, valves, and other connections) that are visually inspected
				  for leaks on a daily basis;
2.
				  Welded flanges, welded joints, and welded connections, that are visually
				  inspected for leaks on a daily basis;
3. Sealless or magnetic coupling pumps and
				  sealless valves, that are visually inspected for leaks on a daily basis;
				  and
4. Pressurized aboveground
				  piping systems with automatic shutoff devices (for example, excess flow check
				  valves, flow metering shutdown devices, loss of pressure actuated shutoff
				  devices) that are visually inspected for leaks on a daily basis.
General Authority:
NDCC 23.1-04-03; S.L.
						2017, ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03,
						23.1-04-05, 23.1-04-08; 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 › STANDARDS FOR FACILITIES OPERATING UNDER A STANDARDIZED PERMIT › Section 33.1-24-05-1108 - General operating requirements

Current through Supplement No. 393, July, 2024
1. Hazardous wastes
				  or treatment reagents must not be placed in a tank system if they could cause
				  the tank, its ancillary equipment, or the containment system to rupture, leak,
				  corrode, or otherwise fail.
2. The
				  owner or operator must use appropriate controls and practices to prevent spills
				  and overflows from tank or containment systems. These include at a minimum:
a. Spill prevention controls (for example,
				  check valves, dry disconnect couplings).
b. Overfill prevention controls (for example,
				  level sensing devices, high-level alarms, automatic feed cutoff, or bypass to a
				  standby tank).
c. Sufficient
				  freeboard in uncovered tanks to prevent overtopping by wave or wind action or
				  by precipitation.
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 › STANDARDS FOR FACILITIES OPERATING UNDER A STANDARDIZED PERMIT › Section 33.1-24-05-1109 - Inspections

Current through Supplement No. 393, July, 2024
1. The owner or
				  operator shall develop and follow a schedule and procedure for inspecting
				  overfill controls.
2. The owner or
				  operator shall inspect at least once each operating day:
a. Aboveground portions of the tank system to
				  detect corrosion or releases of waste.
b. Data gathered from monitoring and leak
				  detection equipment (for example, pressure or temperature gauges, monitoring
				  wells) to ensure that the tank system is being operated according to its
				  design.
c. The construction
				  materials and the area immediately surrounding the externally accessible
				  portion of the tank system, including the secondary containment system (for
				  example, dikes) to detect erosion or signs of releases of hazardous waste (for
				  example, wet spots, dead vegetation).
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 › STANDARDS FOR FACILITIES OPERATING UNDER A STANDARDIZED PERMIT › Section 33.1-24-05-1110 - Response to leaks or spills

Current through Supplement No. 393, July, 2024
A tank system or secondary containment system from which
					 there has been a leak or spill, or if either system is unfit for use, the owner
					 or operator must remove the system from service immediately, and must satisfy
					 the following requirements:
1.
				  Immediately stop the flow of hazardous waste into the tank system or secondary
				  containment system and inspect the system to determine the cause of the
				  release.
2. Remove the waste from
				  the tank system or secondary containment system.
a. If the release was from the tank system,
				  the owner or operator must, within twenty-four hours after detecting the leak,
				  remove as much of the waste as is necessary to prevent further release of
				  hazardous waste to the environment and to allow inspection and repair of the
				  tank system to be performed.
b. If
				  the material released was to a secondary containment system, all released
				  materials must be removed within twenty-four hours or as quickly as possible to
				  prevent harm to human health and the environment.
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 › STANDARDS FOR FACILITIES OPERATING UNDER A STANDARDIZED PERMIT › Section 33.1-24-05-1111 - Closure

Current through Supplement No. 393, July, 2024
At closure of a tank system, the owner or operator must
					 remove or decontaminate all waste residues, contaminated containment system
					 components (liners), contaminated soils, and structures and equipment
					 contaminated with waste, and manage them as hazardous waste, unless subsection
					 4 of section
					 33.1-24-02-03 applies. The
					 closure plan, closure activities, cost estimates for closure, and financial
					 responsibility for tank systems must meet all of the requirements specified in
					 sections
					 33.1-24-05-1040 through
					 33.1-24-05-1079.
General Authority:
NDCC 23.1-04-03; S.L.
						2017, ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03,
						23.1-04-05, 23.1-04-08; 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 › STANDARDS FOR FACILITIES OPERATING UNDER A STANDARDIZED PERMIT › Section 33.1-24-05-1112 - Special requirements for ignitable or reactive wastes

Current through Supplement No. 393, July, 2024
1. Ignitable or
				  reactive wastes may not be placed in tank systems, unless:
a. The waste is treated, rendered, or mixed
				  before or immediately after placement in the tank system so that:
(1) Subsection 2 of section
				  33.1-24-05-967 is complied with;
				  and
(2) The resulting waste,
				  mixture, or dissolved material no longer meets the definition of ignitable or
				  reactive waste under section
				  33.1-24-02-11 or
				  33.1-24-02-13;
				  or
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 › STANDARDS FOR FACILITIES OPERATING UNDER A STANDARDIZED PERMIT › Section 33.1-24-05-1113 - Special requirements for incompatible wastes

Current through Supplement No. 393, July, 2024
1. Incompatible
				  wastes, or incompatible wastes and materials, may not be placed in the same
				  tank system, unless subsection 2 of section
				  33.1-24-05-967 is complied
				  with.
2. Hazardous waste may not be
				  placed in a tank system that has not been decontaminated and that previously
				  held an incompatible waste or material, unless subsection 2 of section
				  33.1-24-05-967 is complied
				  with.
General Authority:
NDCC 23.1-04-03; S.L.
						2017, ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03,
						23.1-04-05, 23.1-04-08; 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 › STANDARDS FOR FACILITIES OPERATING UNDER A STANDARDIZED PERMIT › Section 33.1-24-05-1114 - Air emission standards

Current through Supplement No. 393, July, 2024
The owner or operator shall manage all hazardous waste
					 placed in a tank in accordance with the requirements of sections
					 33.1-24-05-400 through
					 33.1-24-05-474. Under a
					 standardized permit, the following control devices are permissible: thermal
					 vapor incinerator, catalytic vapor incinerator, flame, boiler, process heater,
					 condenser, and carbon absorption unit.
General Authority:
NDCC 23.1-04-03; S.L.
						2017, ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03,
						23.1-04-05, 23.1-04-08; 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 › STANDARDS FOR FACILITIES OPERATING UNDER A STANDARDIZED PERMIT › Section 33.1-24-05-1115 - 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 › STANDARDS FOR FACILITIES OPERATING UNDER A STANDARDIZED PERMIT › Section 33.1-24-05-1116 - Reserved

Current through Supplement No. 393, July, 2024