reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-20 - SOLID WASTE MANAGEMENT AND LAND PROTECTION › Chapter 33.1-20-03.1 - Permit Application Provisions › Section 33.1-20-03.1-04 - Permit application review timeline

Current through Supplement No. 393, July, 2024
Upon receipt of a permit application, the department has one
				  hundred twenty days to review and approve or disapprove the application and
				  notify the applicant of the decision. The department may extend the period an
				  additional one hundred twenty days if the applicant submits a significant
				  change that in the department's judgment requires additional time to
				  review.
General Authority:
NDCC 23.1-08-03; S.L.2017,
					 ch.199, § 1
Law Implemented:
NDCC 23.1-08-03, 23.1-08-09;
					 S.L.2017, ch.199, § 23
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-20 - SOLID WASTE MANAGEMENT AND LAND PROTECTION › Chapter 33.1-20-04.1 - General Performance Standards › Section 33.1-20-04.1-01 - General location standards

Current through Supplement No. 393, July, 2024
1. No solid
				waste management facility may be located in areas which result in impacts to
				human health or environmental resources or in an area which is unsuitable
				because of reasons of topography, geology, hydrology, or soils.
2. Sites for new, or for lateral expansions
				of, land treatment units, surface impoundments closed with solid waste in
				place, municipal waste landfills, industrial waste landfills, and special waste
				landfills must minimize, control, or prevent the movement of waste or waste
				constituents with geologic conditions and engineered improvements. Sites should
				be underlain by materials with low permeability to provide a barrier to
				contaminant migration. Sites for CCR units subject to chapter 33.1-20-08 must
				also comply with the location standards of section 33.1-20-08-03.
a. The following geographic areas or
				conditions must be excluded in the consideration of a site:
(1) Where the waste is disposed within an
				aquifer;
(2) Within a public water
				supply designated wellhead protection area;
(3) Within a one hundred-year
				floodplain;
(4) Where geologic or
				manmade features, including underground mines, may result in differential
				settlement and failure of a structure or other improvement on the
				facility;
(5) On the edge of or
				within
(a) Channels;
(b) Ravines;
(c) Areas of steep topography whose slope is
				unstable due to erosion or mass movement;
(6) Within woody draws; or
(7) In areas designated as critical habitats
				for endangered or threatened species of plant, fish, or wildlife.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-20 - SOLID WASTE MANAGEMENT AND LAND PROTECTION › Chapter 33.1-20-04.1 - General Performance Standards › Section 33.1-20-04.1-02 - General facility standards

Current through Supplement No. 393, July, 2024
An owner or operator of a solid waste management facility
				  shall comply with these general facility standards:
1. All personnel involved in solid waste
				handling and in the facility operation or monitoring must be instructed in
				specific procedures to ensure compliance with the permit, the facility plans,
				and this article as necessary to prevent accidents and environmental impacts.
				Documentation of training, such as names, dates, description of instruction
				methods, and copies of certificates awarded, must be placed in the facility's
				operating record.
2. The solid
				waste management facility shall comply with the water protection provisions of
				chapter 33.1-20-13.
3. The solid
				waste management facility may not cause a discharge of pollutants into waters
				of the state unless such discharge is in compliance with requirements of the
				North Dakota pollutant discharge elimination system pursuant to
				33.1-16-01.
4. The solid waste
				management facility may not cause a violation of the ambient air quality
				standard or odor rules, 33.1-15, at the facility boundary.
5. Suitable control measures must be taken
				whenever fugitive dust is a nuisance or exceeds the levels specified in
				33.1-15.
6. Open burning is
				prohibited except as allowed under 33.1-15.
7. A permanent sign must be posted at the
				entrance of a facility, or at the entrance of a solid waste management unit
				used by a facility for wastes generated onsite, which indicates the following:
a. The name of the facility;
b. The permit number;
c. The name and telephone number of the owner
				and the operator if different than the owner;
d. The days and hours the facility is open
				for access;
e. The wastes not
				accepted for disposal; and
f. Any
				restrictions for trespassing, burning, hauling, or nonconforming
				dumping.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-20 - SOLID WASTE MANAGEMENT AND LAND PROTECTION › Chapter 33.1-20-04.1 - General Performance Standards › Section 33.1-20-04.1-04 - Recordkeeping and reporting

Current through Supplement No. 393, July, 2024
The owner or operator of a solid waste management facility,
				  except those permitted by rule, shall comply with these recordkeeping and
				  reporting requirements:
1. A solid
				waste management facility may not accept solid waste until the department has
				received and approved a report which includes narrative, drawings, and test
				results to certify that the facility has been constructed in accordance with
				the approved plans and specifications and as required by the permit.
2. An owner or operator shall keep an
				operating record consisting of a copy of each application, plan, report,
				notice, drawing, inspection log, test result or other document required by this
				article, including those enumerated in the subdivisions of this subsection, or
				a permit. The operating record must include any deviations from this article,
				the permit, and facility plans where department approval is required. The owner
				or operator shall provide a copy of any document in the operating record upon
				receiving a request from the department. The operating record must be kept at
				the facility, or at a location near the facility within North Dakota and
				approved by the department.
a. The permit
				preapplication, section 33.1-20-03.1-01.
b. The permit application, section
				33.1-20-03.1-02.
c. An amended
				permit application, section 33.1-20-03.1-03.
d. The site characterization, section
				33.1-20-13-01.
e. Any site
				demonstrations, section 33.1-20-04.1-01.
f. Documentation of training, section
				33.1-20-04.1-02.
g. The plan of
				operation, section 33.1-20-04.1-03.
h. Facility inspection logs, section
				33.1-20-04.1-03.
i. Records of
				notice, section 33.1-20-02.1-05.
j.
				As-built drawings and certifications, sections 33.1-20-04.1-04 and
				33.1-20-04.1-05.
k. The ground
				water monitoring plan, all monitoring data, and statistical interpretations,
				section 33.1-20-13-02.
l. Records
				of the weight or volume of waste, section 33.1-20-04.1-09.
m. The closure plan, sections 33.1-20-04.1-05
				and 33.1-20-14-02.
n. The
				postclosure plan, sections 33.1-20-04.1-09 and 33.1-20-14-02.
o. The financial assurance instruments for
				closure and postclosure, chapter 33.1-20-14.
p. Records of gas monitoring and remediation,
				section 33.1-20-06.1-02.
q. The
				annual report, section 33.1-20-04.1-04.
r. Notices of intent to close and completion
				of postclosure, sections 33.1-20-04.1-05 and 33.1-20-04.1-09
				respectively.
s. The permit and any
				modifications, sections 33.1-20-02.1-04 and 33.1-20-02.1-07.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-20 - SOLID WASTE MANAGEMENT AND LAND PROTECTION › Chapter 33.1-20-04.1 - General Performance Standards › Section 33.1-20-04.1-05 - General closure standards

Current through Supplement No. 393, July, 2024
The requirements of this section apply to all solid waste
				  management facilities, unless otherwise specified.
1. Each owner or operator shall close their
				facility in a manner that achieves the following:
a. Minimizes the need for further
				maintenance; and
b. Controls,
				minimizes, or eliminates any escape of solid waste constituents, leachate,
				fugitive emissions, contaminated runoff, or waste decomposition
				products.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-20 - SOLID WASTE MANAGEMENT AND LAND PROTECTION › Chapter 33.1-20-04.1 - General Performance Standards › Section 33.1-20-04.1-06 - Transfer stations, processing systems, and drop box facilities

Current through Supplement No. 393, July, 2024
1. Transfer
				stations and processing systems must be designed, constructed, and operated to
				meet the following, where applicable:
a.
				Control access and maintain aesthetics with a combination of fencing, trees,
				shrubbery, or natural features;
b.
				Be sturdy and constructed of easily cleanable material;
c. Provide effective control of birds,
				rodents, insects, and other vermin;
d. Be adequately screened to prevent and
				control blowing of litter;
e.
				Provide protection of the tipping floor from wind, rain, or snow;
f. Minimize noise and dust
				nuisances;
g. Provide pollution
				control measures to protect surface water and ground water including runoff and
				equipment wash down water control measures;
h. Provide all-weather access roads and
				vehicular traffic areas;
i. Provide
				any necessary pollution control measures to protect air quality including odor
				and dust control and prohibit burning;
j. Prohibit scavenging;
k. Have communication capabilities to
				immediately summon fire, police, or emergency personnel in the event of an
				emergency; and
l. Remove all solid
				waste from the facility at closure to a permitted facility.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-20 - SOLID WASTE MANAGEMENT AND LAND PROTECTION › Chapter 33.1-20-04.1 - General Performance Standards › Section 33.1-20-04.1-07 - Piles used for storage and treatment - Standards

Current through Supplement No. 393, July, 2024
This section is applicable to solid waste stored or treated
				  in piles, composting, sludge piles, scrap tire piles, garbage which is in place
				  for more than three days, putrescible waste, other than garbage, which is in
				  place for more than three weeks, and other solid waste not intended for
				  recycling which is in place for more than three months.
1. Vector control measures must be instituted
				when necessary to prevent the transmission of disease and otherwise prevent and
				reduce hazards created by rats, snakes, insects, birds, cats, dogs, skunks, and
				other animals or vermin.
2. An
				owner and operator of a waste pile, except composting of grass and leaves,
				shall:
a. Comply with the general facility
				standards of section
				33.1-20-04.1-02; and
b. Maintain the site including the removal of
				all solid waste, as necessary, and at closure to a permitted facility, or
				otherwise manage the waste that is in keeping with the purpose of this
				article.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-20 - SOLID WASTE MANAGEMENT AND LAND PROTECTION › Chapter 33.1-20-04.1 - General Performance Standards › Section 33.1-20-04.1-08 - Treatment and resource recovery facilities

Current through Supplement No. 393, July, 2024
In addition to sections
				  33.1-20-04.1-02,
				  33.1-20-04.1-03,
				  33.1-20-04.1-04, and
				  33.1-20-04.1-05, the owner or
				  operator of a facility which conducts treatment or resource recovery other than
				  processing shall comply with these standards.
1. All liquids must be collected and treated
				to meet the water protection provisions of 33.1-20-13.
2. Surface water must be diverted away from
				all open storage areas.
3. Solid
				waste must be confined to storage containers and areas specifically designed to
				store waste. Waste handling and storage systems must provide sufficient excess
				capacity to prevent nuisances, environmental impacts, or health hazards in the
				event of mechanical failure or unusual waste flows.
4. Resource recovery systems or facilities
				must be operated on first-in, first-out basis. Stored solid waste containing
				garbage may not be allowed to remain unprocessed for more than forty-eight
				hours unless adequate provisions are made to control flies, rodents, odors, or
				other environmental hazards or nuisances.
5. All solid waste, recovered materials, or
				residues must be controlled and stored in a manner that does not constitute a
				fire or safety hazard or a sanitary nuisance.
6. All residues from resource recovery
				systems or facilities must be handled and disposed according to this
				article.
7. All incinerators used
				for solid waste must be constructed and operated in compliance with
				33.1-15.
General Authority:
NDCC 23.1-08-03; S.L.2017,
					 ch.199, § 1
Law Implemented:
NDCC 23.1-08-03, 23.1-08-08,
					 23.1-08-15; S.L.2017, ch.199, §
					 23
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-20 - SOLID WASTE MANAGEMENT AND LAND PROTECTION › Chapter 33.1-20-04.1 - General Performance Standards › Section 33.1-20-04.1-09 - General disposal standards

Current through Supplement No. 393, July, 2024
1. In
				addition to sections 33.1-20-04.1-02, 33.1-20-04.1-03, 33.1-20-04.1-04, and
				33.1-20-04.1-05, the standards of this section apply to all landfills, surface
				impoundments closed with solid waste in place, and land treatment units, unless
				otherwise indicated.
2.
				Construction and operation standards for solid waste management facilities
				regulated by this section:
a. Every solid
				waste landfill or facility shall have and maintain, or have access to,
				equipment adequate for the excavation, compaction, covering, surface water
				management, and monitoring procedures required by approval plans and this
				article.
b. Roads must be
				constructed and maintained to provide access to the facility. Access roads must
				be cleaned and decontaminated as necessary.
c. There must be available an adequate supply
				of suitable cover material, which, if necessary, must be stockpiled and
				protected for winter operation.
d.
				The final cover of all disposal facilities must be designed and constructed in
				a manner that ensures the quality and integrity of the hydraulic barrier and
				the protective vegetative cover.
e.
				The working face or open area of a landfill must be limited in size to as small
				an area as practicable. Sequential partial closure must be implemented as
				necessary to keep the disposal area as small as practicable and to close filled
				areas in a timely manner.
f. All
				disposal facilities shall identify, quantify, remove, stockpile, and maintain
				suitable plant growth material for later use in closure.
g. Any recycling or salvage activity must be
				authorized by the owner or operator and must be in a separate area in a manner
				to avoid injury and interference with the landfill operation.
h. Vehicles, farm machinery, metal
				appliances, mobile homes, trailers, or other similar items brought to the
				facility for recycling may be stored temporarily in a separate area.
i. Vector control measures, in addition to
				the application of cover material, must be instituted whenever necessary to
				prevent the transmission of disease, prevent bird hazards to aircraft, and
				otherwise prevent and reduce hazards created by rats, flies, snakes, insects,
				birds, cats, dogs, and skunks.
j.
				All domestic animals must be excluded from the facility. Feeding of garbage to
				animals is prohibited.
k. All
				earthen material must be maintained onsite unless removal from the site is
				authorized by the department.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-20 - SOLID WASTE MANAGEMENT AND LAND PROTECTION › Chapter 33.1-20-04.1 - General Performance Standards › Section 33.1-20-04.1-10 - Other methods of solid waste management - Standards

Current through Supplement No. 393, July, 2024
New and unique methods developed subsequent to July 1, 2020,
				  which can be utilized without environmental degradation and creation of hazards
				  to public health and safety will be considered by the department.
General Authority:
NDCC 23.1-08-03;
					 S.L.
					 2017, ch. 199,
					 §
												1
Law Implemented:
NDCC 23.1-08-03;
					 S.L.
					 2017, ch. 199,
					 §
												23
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-20 - SOLID WASTE MANAGEMENT AND LAND PROTECTION › Chapter 33.1-20-05.1 - Inert Waste Landfills › Section 33.1-20-05.1-01 - Applicability

Current through Supplement No. 393, July, 2024
An owner or operator of an inert waste landfill, which does
				  not qualify for a permit by rule, shall comply with this chapter and with
				  sections
				  33.1-20-04.1-02,
				  33.1-20-04.1-03,
				  33.1-20-04.1-04,
				  33.1-20-04.1-05, and
				  33.1-20-04.1-09. An inert waste
				  landfill, which is permitted by rule, shall comply with section
				  33.1-20-02.1-02 and with this
				  chapter, but is exempt from sections
				  33.1-20-04.1-03 and
				  33.1-20-04.1-04.
General Authority:
NDCC 23.1-08-03; S.L.2017,
					 ch.199, § 1
Law Implemented:
NDCC 23.1-08-03; S.L.2017,
					 ch. 199, § 23
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-20 - SOLID WASTE MANAGEMENT AND LAND PROTECTION › Chapter 33.1-20-05.1 - Inert Waste Landfills › Section 33.1-20-05.1-02 - Performance and design criteria

Current through Supplement No. 393, July, 2024
The owner or operator of an inert waste landfill shall comply
				  with these design, construction, and operating standards.
1. Access to the facility must be controlled
				by lockable gates and a combination of fencing, natural barriers, or artificial
				barriers.
2. Disposal of the
				following solid waste into inert waste landfills is prohibited: agricultural
				waste, asbestos waste, municipal waste, commercial waste, industrial waste,
				special waste, regulated infectious waste, liquid solid waste, hazardous waste,
				and radioactive waste.
3. All
				wastes deposited at the site must be spread and periodically compacted to
				promote drainage of surface water.
4. All wastes must be covered at least two
				times per year with a minimum of six inches [15.2 centimeters] of suitable
				earthen material.
a. The department may
				exempt the owner or operator of the landfill from this requirement based on the
				type and amount of waste received at the landfill and the site
				location.
b. This requirement does
				not apply to monofills used solely for bottom ash from coal-fired boilers that
				are not subject to chapter 33.1-20-08.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-20 - SOLID WASTE MANAGEMENT AND LAND PROTECTION › Chapter 33.1-20-05.1 - Inert Waste Landfills › Section 33.1-20-05.1-03 - Lime sludge

Current through Supplement No. 393, July, 2024
Lime sludge from a water treatment plant may be disposed in
				  an inert waste landfill contingent upon departmental approval, which must be
				  based upon factors such as site characteristics, site design, site operation,
				  or permit conditions.
General Authority:
NDCC 23.1-08-03; S.L.2017,
					 ch.199, § 1
Law Implemented:
NDCC 23.1-08-03; S.L.2017,
					 ch. 199, § 23
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-20 - SOLID WASTE MANAGEMENT AND LAND PROTECTION › Chapter 33.1-20-05.1 - Inert Waste Landfills › Section 33.1-20-05.1-04 - Closure criteria

Current through Supplement No. 393, July, 2024
In addition to sections 33.1-20-04.1-05 and 33.1-20-04.1-09,
				  at closure, an owner or operator shall cover an existing unit with a layer of
				  compacted clay-rich earthen material having a thickness of twelve inches [30.5
				  centimeters] or more and free from cracks and extrusions of solid waste. A
				  second layer of six inches [15.2 centimeters] or more of clay-rich soil
				  material suitable for serving as a plant root zone must be placed over the
				  compacted layer. At least six inches [15.2 centimeters] of suitable plant
				  growth material must be placed over the covered landfill and the facility
				  planted with adapted grasses. The total thickness of the final cover must be at
				  least two feet [61.0 centimeters]. If a total cover thickness of four feet [1.2
				  meters] or more of clay-rich earthen material is achieved, including the
				  six-inch layer of suitable plant growth material, compaction is not
				  required.
General Authority:
NDCC 23.1-08-03;
					 S.L.
					 2017, ch. 199,
					 §
												1
Law Implemented:
NDCC 23.1-08-03;
					 S.L.
					 2017, ch. 199,
					 §
												23
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-20 - SOLID WASTE MANAGEMENT AND LAND PROTECTION › Chapter 33.1-20-05.1 - Inert Waste Landfills › Section 33.1-20-05.1-05 - Postclosure criteria

Current through Supplement No. 393, July, 2024
Owners or operators of inert waste landfills shall conduct
				  annual postclosure inspections for a period of five years after
				  closure.
General Authority:
NDCC 23.1-08-03; S.L.2017,
					 ch.199, § 1
Law Implemented:
NDCC 23.1-08-03; S.L.2017,
					 ch. 199, § 23
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-20 - SOLID WASTE MANAGEMENT AND LAND PROTECTION › Chapter 33.1-20-06.1 - Municipal Waste Landfills › Section 33.1-20-06.1-01 - Applicability

Current through Supplement No. 393, July, 2024
The requirements of this chapter and of sections
				  33.1-20-01.1-08,
				  33.1-20-04.1-02,
				  33.1-20-04.1-03,
				  33.1-20-04.1-04,
				  33.1-20-04.1-05, and
				  33.1-20-04.1-09 apply to owners
				  and operators of municipal waste landfills, except that the department may
				  allow alternate performance and design criteria, as specified in subsections 2
				  and 3 of section
				  33.1-20-06.1-02, and it may
				  waive section
				  33.1-20-04.1-03 for a municipal
				  waste landfill receiving less than twenty tons [18.2 metric tons] per day based
				  upon factors such as the site's climate, hydrogeology, topography, geology,
				  ground water quality and location, and the type of wastes received. In addition
				  to the requirements of this chapter, municipal solid waste landfills receiving
				  on average more than five hundred tons [455 metric tons] per day shall comply
				  with section
				  33.1-20-10-03, subsection 2 of
				  section 33.1-20-10-04, and section
				  33.1-20-10-05.
General Authority:
NDCC 23.1-08-03; S.L.2017,
					 ch.199, § 1
Law Implemented:
NDCC 23.1-08-03; S.L.2017,
					 ch. 199, § 23
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-20 - SOLID WASTE MANAGEMENT AND LAND PROTECTION › Chapter 33.1-20-06.1 - Municipal Waste Landfills › Section 33.1-20-06.1-02 - Performance and design criteria

Current through Supplement No. 393, July, 2024
The owner or operator of a municipal waste landfill facility
				  shall comply with these design, construction, and operating standards.
1. Access to the facility must be controlled
				by lockable gates and a combination of fencing, natural barriers, or artificial
				barriers. The gates must be locked when an attendant is not on duty.
2. Any new or lateral expansion of a
				municipal waste landfill must be underlain with a hydraulic barrier and
				leachate removal system capable of collecting and removing leachate and
				contaminated surface water within the landfill.
a. The liner and leachate removal system must
				be compatible with the waste and leachate.
b. The liner and leachate removal system must
				maintain its integrity for the life of the facility and the postclosure
				period.
c. The leachate removal
				system must have a collection efficiency of ninety percent or better and be
				capable of maintaining a hydraulic head of twelve inches [30.5 centimeters] or
				less above the liner.
d. The liner
				must consist of one of the following:
(1) A
				natural soil liner constructed of at least four feet [1.2 meters] of natural
				soil having a hydraulic conductivity not to exceed 1 x
				10-7 centimeters per second; or
(2) A composite liner consisting of two
				components; the upper component must consist of a minimum thirty mil flexible
				membrane liner, and the lower component must consist of at least a two-foot
				[61.0-centimeter] layer of compacted soil with a hydraulic conductivity of no
				more than 1 x 10-7 centimeters per second. Flexible
				membrane liner components consisting of high density polyethylene must be at
				least sixty mil thick. The flexible membrane liner component must be installed
				in direct and uniform contact with the compacted soil component.
e. The drainage layer of the
				leachate removal system must have a hydraulic conductivity of 1 x
				10-3 centimeters per second or greater throughout.
				The drainage layer must have sufficient thickness to provide a transmissivity
				of 3.0 x 10-2 centimeters squared per second or
				greater.
f. Appropriate measures
				must be provided as necessary for preparation of the liner subgrade, quality
				assurance, and quality control testing of the construction of the liner and
				leachate removal system, and protection and maintenance of the liner and
				leachate removal system to ensure the integrity of the system.
g. An alternative liner and leachate removal
				system for a landfill site may be approved by the department. The department
				must consider factors such as the proposed system's ability to control leachate
				migration, the hydrogeologic characteristics of the site and surrounding land,
				the climate of the area, or the potential leachate quality.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-20 - SOLID WASTE MANAGEMENT AND LAND PROTECTION › Chapter 33.1-20-06.1 - Municipal Waste Landfills › Section 33.1-20-06.1-03 - Closure criteria

Current through Supplement No. 393, July, 2024
In addition to sections
				  33.1-20-04.1-05 and
				  33.1-20-04.1-09, at closure, an
				  owner or operator shall cover an existing unit with a layer of compacted soil
				  material having a thickness of eighteen inches [45.7 centimeters] or more and a
				  hydraulic conductivity of 1 x 10 
				  -7 centimeters per second or less. The
				  compacted layer must be free from cracks and extrusions of solid waste. A
				  second layer of twelve inches [30.5 centimeters] or more of clay-rich soil
				  material suitable for serving as a plant root zone must be placed over the
				  compacted layer. At least six inches [15.2 centimeters] of suitable plant
				  growth material must be placed over the covered landfill and the facility
				  planted with adapted grasses. The total depth of final cover must be three feet
				  [91.4 centimeters] or more, as required to achieve subsection 3 of section
				  33.1-20-06.1-02. The
				  requirements of this section may be modified by the department if the permit
				  applicant demonstrates that an alternative design will appropriately limit
				  percolation of liquid into the waste.
1. If the permit applicant wishes to pursue
				an alternative cover design, one of the following methods shall be used to
				demonstrate that the alternative cover design will appropriately limit the
				amount of percolation that may enter the waste:
a. Hydrologic modeling;
b. Lysimetry or instrumentation using a
				field-scale test section;
c.
				Comparison of the soil and climatic conditions at the site with the soil and
				climatic conditions at a site where the department has previously approved the
				same alternative cover design; or
d. Other method approved by the
				department.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-20 - SOLID WASTE MANAGEMENT AND LAND PROTECTION › Chapter 33.1-20-07.1 - Small Volume Industrial Waste Landfills and Special Waste Landfills › Section 33.1-20-07.1-02 - Closure criteria

Current through Supplement No. 393, July, 2024
In addition to sections 33.1-20-04.1-05 and 33.1-20-04.1-09,
				  at closure, an owner or operator shall cover an existing unit with a layer of
				  compacted soil material having a thickness of eighteen inches [45.7
				  centimeters] or more, and a saturated hydraulic conductivity of 1 x
				  10-7 centimeters per second or less. A second layer
				  of twelve inches [30.5 centimeters] or more of clay-rich soil material suitable
				  for serving as a plant root zone must be placed over the compacted layer. At
				  least six inches [15.2 centimeters] of suitable plant growth material must be
				  placed over the covered landfill and the facility planted with adapted grasses.
				  The total depth of final cover must be three feet [91.4 centimeters] or more.
				  The requirements of this section may be modified by the department if the
				  permit applicant demonstrates that an alternative design will appropriately
				  limit percolation of liquid into the waste. The owners or operators of CCR
				  landfills subject to chapter 33.1-20-08 are excluded from the provisions of
				  this section.
1. If the permit
				applicant wishes to pursue an alternative cover design, one of the following
				methods shall be used to demonstrate that the alternative cover design will
				appropriately limit the amount of percolation that may enter the waste:
a. Hydrologic modeling;
b. Lysimetry or instrumentation using a
				field-scale test section;
c.
				Comparison of the soil and climatic conditions of the site with the soil and
				climatic conditions at a site where the department has previously approved the
				same alternative cover design; or
d. Other method approved by the
				department.
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 33.1-20-08-02 - Applicability

Current through Supplement No. 393, July, 2024
1. The requirements of this chapter apply to
				owners and operators of new and existing landfills and surface impoundments,
				including any lateral expansions of such units that dispose or otherwise engage
				in solid waste management of CCR generated from the combustion of coal at
				electric utilities and independent power producers. Unless otherwise provided
				in this chapter, these requirements also apply to disposal units located
				offsite of the electric utilities and independent power producers. This chapter
				also applies to any practice that does not meet the definition of a beneficial
				use of CCR.
2. This chapter does
				not apply to CCR landfills that have ceased receiving CCR prior to October 19,
				2015.
3. This chapter does not
				apply to electric utilities and independent power producers that have ceased
				operating prior to October 19, 2015.
4. This chapter does not apply to wastes,
				including fly ash, bottom ash, boiler slag, and flue gas desulfurization
				materials generated at facilities that are not part of an electric utility or
				independent power producer, such as manufacturing facilities, universities, and
				hospitals. This chapter also does not apply to fly ash, bottom ash, boiler
				slag, and flue gas desulfurization materials, generated primarily from the
				combustion of fuels, including other fossil fuels, other than coal, for the
				purpose of generating electricity unless the fuel burned consists of more than
				fifty percent coal on a total heat input or mass input basis, whichever results
				in the greater mass feed rate of coal.
5. This chapter does not apply to practices
				that meet the definition of a beneficial use of CCR.
6. This chapter does not apply to CCR
				placement at active or abandoned underground or surface coal mines.
7. This chapter does not apply to municipal
				solid waste landfills that receive CCR.
8. Owners and operators of CCR units that are
				subject to this chapter are subject to the solid waste management requirements
				of this article, unless specifically excluded in other chapters.
9. The owner or operator of an existing CCR
				unit subject to this chapter, which has a permit that is in effect prior to
				July 1, 2020, shall apply to the department for a modified permit which meets
				the requirements of this chapter within twenty-four months of July 1,
				2020.
General Authority:
NDCC 23.1-08-03
Law Implemented:
NDCC 23.1-08-03,
					 23.1-08-04
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 33.1-20-08-03 - Location standards

Current through Supplement No. 393, July, 2024
In addition to the general location standards in section
				  33.1-20-04.1-01, the following must be met:
1. Placement above the uppermost aquifer. New
				CCR landfills, existing and new CCR surface impoundments, and all lateral
				expansions of CCR units must be constructed with a base that is a minimum of
				five feet [1.52 meters] above the upper limit of the uppermost aquifer or
				demonstrate that there will not be an intermittent, recurring, or sustained
				hydraulic connection between any portion of the base of the landfill and the
				uppermost aquifer due to normal fluctuations in ground water elevations,
				including the seasonal high water table.
a.
				For a new CCR landfill or surface impoundment or any lateral expansion of a CCR
				unit, the demonstration that the unit meets the minimum requirements for
				placement above the uppermost aquifer must be included with the application for
				a new permit or permit modification. For an existing CCR surface impoundment,
				the demonstration must be included with the application for a permit
				modification that meets the requirements of this chapter within twenty-four
				months of July 1, 2020, as required by subsection 9 of section
				33.1-20-08-02.
b. The demonstration
				is considered complete when the demonstration is approved by the department and
				placed in the facility's operating record.
c. An owner or operator of an existing CCR
				surface impoundment who fails to make the demonstration shall begin closure as
				required by subparagraph a of paragraph 1 of subdivision b of subsection 2 of
				section 33.1-20-08-07.
d. An owner
				or operator of a new CCR landfill, new CCR surface impoundment, or any lateral
				expansion of a CCR unit who fails to make the demonstration is prohibited from
				placing CCR in the CCR unit.
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 › Appendix I to Chapter 33.1-20-08 - Constituents for Detection Monitoring

Current through Supplement No. 393, July, 2024
Common
								name1
Boron
Calcium
Chloride
Fluoride
pH
Sulfate
Total Dissolved Solids (TDS)
1 Common names are those widely
				  used in government regulations, scientific publications, and commerce; synonyms
				  exist for many chemicals.
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 › Appendix I to Chapter 33.1-20-08 - Constituents for Assessment Monitoring

Current through Supplement No. 393, July, 2024
Common
								name1
Antimony
Arsenic
Barium
Beryllium
Cadmium
Chromium
Cobalt
Fluoride
Lead
Lithium
Mercury
Molybdenum
Selenium
Thallium
Radium 226 and 228 combined
1 Common names are those widely
				  used in government regulations, scientific publications, and commerce; synonyms
				  exist for many chemicals.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-20 - SOLID WASTE MANAGEMENT AND LAND PROTECTION › Chapter 33.1-20-08.1 - Surface Impoundment Provisions › Section 33.1-20-08.1-01 - Performance and design criteria

Current through Supplement No. 393, July, 2024
In addition to the requirements of section 33.1-20-04.1-09,
				  the owner or operator of a surface impoundment shall comply with the
				  following:
1. Applicability.
a. The design, construction, and operating
				standards of this section are applicable to surface impoundments that store or
				treat solid waste, sludges containing free liquids, free liquids containing
				high concentrations of dissolved solids, or liquids derived from processing or
				handling solid waste.
b. The
				standards of this section are not applicable to the following units:
(1) Surface impoundments which treat
				wastewater, the discharge of which is subject to federal, state, or local water
				pollution discharge permits;
(2)
				Surface impoundments which handle agricultural waste generated by farming
				operations;
(3) Lime sludge
				settling basins;
(4) Basins used to
				collect and store storm water runoff;
(5) Oil and gas exploration and production
				waste regulated under North Dakota Century Code section 38-08-04; and
(6) CCR surface impoundments subject to
				chapter 33.1-20-08.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-20 - SOLID WASTE MANAGEMENT AND LAND PROTECTION › Chapter 33.1-20-08.1 - Surface Impoundment Provisions › Section 33.1-20-08.1-02 - Closure and postclosure criteria

Current through Supplement No. 393, July, 2024
In addition to the requirements of section
				  33.1-20-04.1-09, at closure, the
				  owner or operator shall complete the following:
1. Remove all standing liquids, waste and
				waste residues, the liners and leak detection system, and any underlying and
				surrounding contaminated soil. The site must then be reclaimed by regrading the
				site, replacing all suitable plant growth material, and properly revegetating
				the site; and
2. If all impoundment
				materials are not removed as provided in subsection 1, the owner must treat
				remaining liquids, residues, and soils by removal of liquids, drying, or other
				means and then close the impoundment and provide postclosure as provided for an
				industrial waste landfill under section
				33.1-20-01.1-02.
General Authority:
NDCC 23.1-08-03; S.L.2017,
					 ch.199, § 1
Law Implemented:
NDCC 23.1-08-03; S.L.2017,
					 ch. 199, § 23
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-20 - SOLID WASTE MANAGEMENT AND LAND PROTECTION › Chapter 33.1-20-09 - Land Treatment Provisions › Section 33.1-20-09-01 - Applicability

Current through Supplement No. 393, July, 2024
The standards of this chapter apply to facilities that engage
				  in land treatment of solid waste. These standards do not apply to the
				  following:
1. Facilities utilizing
				municipal and domestic sludge;
2.
				Agricultural waste, including animal manure and agricultural residues,
				resulting from farming operations;
3. Composting grass clippings and leaves;
				and
4. Inert waste.
General Authority:
NDCC 23.1-08-03; S.L.2017,
					 ch.199, § 1
Law Implemented:
NDCC 23.1-08-03; S.L.2017,
					 ch. 199, § 23
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-20 - SOLID WASTE MANAGEMENT AND LAND PROTECTION › Chapter 33.1-20-09 - Land Treatment Provisions › Section 33.1-20-09-02 - Land treatment standards

Current through Supplement No. 393, July, 2024
1. Owners or
				operators of land treatment facilities shall meet the location standards of
				section 33.1-20-04.1-01.
2. Owners or operators of land treatment
				facilities shall meet the minimum standards for performance of 33.1-20-13, the
				general facility requirements of section
				33.1-20-04.1-02, and the general
				disposal standards of section
				33.1-20-04.1-09.
3. Owners or operators of land treatment
				facilities shall design these facilities to meet the following requirements:
a. Provide waste storage facilities, if
				appropriate, that meet the requirements of this article;
b. Collect and treat all runoff from a
				twenty-five-year, twenty-four-hour storm, and divert all run-on for the maximum
				flow of a twenty-five-year, twenty-four-hour storm around the active
				area;
c. Avoid standing water on
				the active area;
d. Avoid slopes
				and other features that will lead to soil and waste erosion, unless contour
				plowing or other measures are taken to avoid erosion; and
e. Control access to the site by fencing or
				other means.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-20 - SOLID WASTE MANAGEMENT AND LAND PROTECTION › Chapter 33.1-20-10 - Large Volume Industrial Waste and MSW Ash Landfills › Section 33.1-20-10-01 - Applicability

Current through Supplement No. 393, July, 2024
The requirements of this chapter apply to the treatment and
				  disposal of solid wastes which meet the criteria of subsections 1 and 3 of
				  section 33.1-20-01.1-11.
General Authority:
NDCC 23.1-08-03; S.L.2017,
					 ch.199, § 1
Law Implemented:
NDCC 23.1-08-03; S.L.2017,
					 ch. 199, § 23
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-20 - SOLID WASTE MANAGEMENT AND LAND PROTECTION › Chapter 33.1-20-10 - Large Volume Industrial Waste and MSW Ash Landfills › Section 33.1-20-10-02 - Municipal solid waste ash treatment

Current through Supplement No. 393, July, 2024
The owner or operator must propose treatment of municipal
				  solid waste incinerator ash for department approval.
General Authority:
NDCC 23.1-08-03; S.L.2017,
					 ch.199, § 1
Law Implemented:
NDCC 23.1-08-03; S.L.2017,
					 ch. 199, § 23
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-20 - SOLID WASTE MANAGEMENT AND LAND PROTECTION › Chapter 33.1-20-10 - Large Volume Industrial Waste and MSW Ash Landfills › Section 33.1-20-10-03 - Waste disposal

Current through Supplement No. 393, July, 2024
In addition to the requirements of section 33.1-20-01.1-08
				  and chapter 33.1-20-04.1, the owner or operator of a landfill shall comply with
				  the performance and design criteria as follows:
1. Any new or lateral expansion of a landfill
				must be designed with a hydraulic barrier and leachate management system.
a. Synthetic liners, leachate detection
				systems, and leachate removal systems must be compatible with solid waste
				disposed and the waste's leachate.
b. Leachate removal and management systems
				must be capable of collecting and removing leachate and contaminated surface
				water.
c. Synthetic liners and
				leachate removal systems must withstand all physical and chemical stresses
				during the operating period and through the postclosure period.
d. The synthetic liners and leachate removal
				systems must have a collection efficiency of ninety-seven percent or better of
				precipitation falling on the fill area before closure and must be capable of
				removing leachate to limit the hydraulic head above the upper liner, exclusive
				of collection sumps, to twelve inches [30.5 centimeters] or less within
				thirty-six hours of a precipitation event.
e. A composite liner is required which
				includes at a minimum from bottom to top:
(1)
				At least three feet [91.4 centimeters] of recompacted clay with a hydraulic
				conductivity not to exceed 1 x 10-7 centimeters per
				second;
(2) A synthetic flexible
				membrane liner at least sixty mil thick;
(3) A secondary drainage layer with a
				hydraulic conductivity of 1 x 10-3 centimeters per
				second or greater throughout and with sufficient thickness to provide a
				transmissivity of 3 x 10-2 centimeters squared per
				second or greater;
(4) A synthetic
				flexible membrane liner at least eighty mil thick; and
(5) A drainage layer with a hydraulic
				conductivity of 1 x 10-3 centimeters per second or
				greater and with sufficient thickness to provide a transmissivity of 3 x
				10-2 centimeters squared per second or
				greater.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-20 - SOLID WASTE MANAGEMENT AND LAND PROTECTION › Chapter 33.1-20-10 - Large Volume Industrial Waste and MSW Ash Landfills › Section 33.1-20-10-04 - Landfill cover and closure

Current through Supplement No. 393, July, 2024
1. The owner or
				operator must place intermittent cover on all exposed solid waste according to
				the approved operation plan.
a. Unless
				specified otherwise in the operation plan, the solid waste must not be left
				uncovered for more than forty-eight hours. Cover must be provided by additional
				waste or with a suitable material proposed by the landfill owner and approved
				by the department.
b. The cover
				materials used and cover depth must be sufficient to cover the solid waste
				completely.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-20 - SOLID WASTE MANAGEMENT AND LAND PROTECTION › Chapter 33.1-20-10 - Large Volume Industrial Waste and MSW Ash Landfills › Section 33.1-20-10-05 - Facility inspector

Current through Supplement No. 393, July, 2024
The owner or operator shall provide the funds necessary to
				  employ an inspector for conducting onsite inspection services at the facility.
				  The owner or operator shall provide funds by July thirty-first of each year for
				  salary, wages, and operating expenses associated with employing an inspector
				  for the facility.
General Authority:
NDCC 23.1-08-03; S.L.2017,
					 ch.199, § 1
Law Implemented:
NDCC 23.1-01-06, 23.1-08-03;
					 S.L.2017, ch.199, § 23