reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-19 - Certification of Water and Wastewater Systems Operators › Chapter 33.1-19-01 - Certification of Water Treatment Facility Operators, Water Distribution and Storage System Operators, Wastewater Treatment Facility Operators, and Wastewater Collection and Transfer System Operators › Section 33.1-19-01-07 - Issuance of certificates

Current through Supplement No. 393, July, 2024
1. Upon
				satisfactory compliance with the certification qualifications, fee, and
				examination requirements provided herein, the department will issue a
				certificate to the applicant. The certificate will indicate the operator
				certification grade, the class of facility or system the applicant is certified
				to operate, the certificate number, and date of issuance.
2. To maintain certification, all certified
				operators are required to earn continuing education credits by attending
				training programs, seminars, workshops, and schools established or officially
				recognized by the department.
a. The number of
				continuing education credits that can be earned by attending officially
				recognized training programs, seminars, workshops, and schools must be
				established and regulated by the department.
b. The number of continuing education credits
				to be earned within a three year period of time is twelve.
c. Training programs offered by other
				government agencies, educational institutions, and operator organizations may
				be used for the continuing education credit requirements at the discretion of
				the department.
d. Certified
				operators who no longer operate facilities or systems within the boundaries of
				the state are exempt from the continuing education credit requirements. They
				may maintain valid North Dakota operator's certificates by paying the required
				annual renewal fees. If they return to work as an operator in the state, the
				continuing education credit requirements are in effect and they must earn the
				required number of training credits during their first year upon returning to
				North Dakota.
e. A certified
				operator not in compliance with the continuing education credit requirements,
				as determined by the department, is subject to revocation or suspension of the
				operator's certification.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-19 - Certification of Water and Wastewater Systems Operators › Chapter 33.1-19-01 - Certification of Water Treatment Facility Operators, Water Distribution and Storage System Operators, Wastewater Treatment Facility Operators, and Wastewater Collection and Transfer System Operators › Section 33.1-19-01-08 - Water treatment facility classifications

Current through Supplement No. 393, July, 2024
Water treatment facilities must be classified in one of five
				  classes. Classifications must be based on population served, design population,
				  type of treatment, raw water quality and volume of water to be treated, and
				  complexity of sludge handling units. Facilities may be classified one level
				  higher than indicated solely by population at the discretion of the department
				  if the facility has special design features or complex features or
				  characteristics unusually difficult to operate, by reason of raw water
				  unusually difficult to treat, by reason of volume of water treated, or by
				  reason of a combination of such conditions or circumstances.
1.
Class IA.
All water
				facilities using simple chemical or physical treatment processes and designed
				to serve a population of less than five hundred persons.
2.
Class I.
All water facilities
				using chemical treatment processes and designed to serve a population of five
				hundred to five thousand persons. This will include water facilities utilizing
				disinfection, fluoridation, corrosion control, sequestering, or combinations of
				these processes or other processes that involve simple chemical addition and a
				minor degree of operational control.
3.
Class II.
a. All water facilities using chemical
				treatment processes and designed to serve a population of five thousand to
				fifteen thousand persons. This will include water facilities utilizing
				disinfection, fluoridation, corrosion control, sequestering, or combinations of
				these processes or other processes that involve simple chemical addition and a
				moderate degree of operational control.
b. All water plants using chemical softening
				processes and filtration requiring a moderate degree of operational control
				serving a population of less than one thousand persons.
c. All water plants using coagulation,
				sedimentation, and filtration for clarification requiring a moderate degree of
				operational control serving a population of less than one thousand five hundred
				persons.
d. All water plants using
				chemical oxidation of iron or manganese and filtration requiring a moderate
				degree of operational control serving a population of less than two thousand
				persons.
e. All water plants using
				processes requiring a moderate degree of operational control but not listed in
				subdivisions b, c, and d and serving a population of less than two thousand
				persons.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-19 - Certification of Water and Wastewater Systems Operators › Chapter 33.1-19-01 - Certification of Water Treatment Facility Operators, Water Distribution and Storage System Operators, Wastewater Treatment Facility Operators, and Wastewater Collection and Transfer System Operators › Section 33.1-19-01-08.1 - Water distribution and storage system classifications

Current through Supplement No. 393, July, 2024
Water distribution and storage systems must be classified in
				  one of five classes. Classifications must be based on population served, design
				  population, type of distribution and storage system, and the volume of water to
				  be handled. Systems may be classified one level higher than indicated solely by
				  population at the discretion of the department by reason of the incorporation
				  in the system of special design features or complex features or characteristics
				  unusually difficult to operate, by reason of conditions of volume and flow, or
				  by reason of a combination of such conditions and circumstances.
1.
Class IA.
All water
				distribution and storage systems serving a population of less than five hundred
				persons.
2.
Class I.
All water distribution and storage systems serving a population of five hundred
				to one thousand five hundred persons.
3.
Class II.
All water
				distribution and storage systems serving a population of one thousand five
				hundred to fifteen thousand persons.
4.
Class III.
All water
				distribution and storage systems serving a population of fifteen thousand to
				fifty thousand persons.
5.
Class IV.
All water distribution and storage systems serving a
				population of fifty thousand persons or more.
General Authority:
NDCC 23.1-07-06; S.L.2017,
					 ch.199, § 1
Law Implemented:
NDCC 23.1-07-03, 23.1-07-06;
					 S.L.2017, ch.199, § 22
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-19 - Certification of Water and Wastewater Systems Operators › Chapter 33.1-19-01 - Certification of Water Treatment Facility Operators, Water Distribution and Storage System Operators, Wastewater Treatment Facility Operators, and Wastewater Collection and Transfer System Operators › Section 33.1-19-01-09 - Wastewater treatment facility classifications

Current through Supplement No. 393, July, 2024
Wastewater treatment facilities must be classified in one of
				  five classes. Classifications must be based on population served, design
				  population, type of treatment, character and volume of wastes to be treated,
				  and the use and nature of the water resources receiving the facility effluent.
				  Facilities may be classified one level higher than indicated solely by
				  population at the discretion of the department if the facility has special
				  design features or complex features or characteristics unusually difficult to
				  operate, by reason of a waste unusually difficult to treat, by reason of
				  conditions of flow, or by reason of the receiving water quality classification
				  requiring an unusually high degree of facility operational control, or by
				  reason of a combination of such conditions or circumstances.
1.
Class IA.
All wastewater
				stabilization ponds, land treatment facilities, wetlands treatment facilities,
				or other nonmechanical facilities requiring a minor degree of operational
				control serving a population equivalent of less than five hundred
				persons.
2.
Class I.
All wastewater stabilization ponds, land treatment facilities, wetlands
				treatment facilities, or other nonmechanical facilities requiring a minor
				degree of operational control serving a population equivalent of five hundred
				to less than ten thousand persons.
3.
Class II.
a. All mechanical facilities, mechanically
				aerated stabilization ponds, oxidation ditches, or other facilities requiring a
				moderate degree of operational control serving a population equivalent of less
				than ten thousand persons.
b. All
				wastewater stabilization ponds, land treatment facilities, wetlands treatment
				facilities, or other nonmechanical facilities requiring a minor degree of
				operational control serving a population equivalent of ten thousand persons or
				more.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-19 - Certification of Water and Wastewater Systems Operators › Chapter 33.1-19-01 - Certification of Water Treatment Facility Operators, Water Distribution and Storage System Operators, Wastewater Treatment Facility Operators, and Wastewater Collection and Transfer System Operators › Section 33.1-19-01-09.1 - Wastewater collection and transfer system classifications

Current through Supplement No. 393, July, 2024
Wastewater collection and transfer systems must be classified
				  in one of five classes. Classifications must be based on population served,
				  design population, type of collection and transfer system, and the character
				  and volume of wastes to be handled. Systems may be classified one level higher
				  than indicated solely by population at the discretion of the department by
				  reason of the incorporation in the system of special design features or complex
				  features or characteristics unusually difficult to operate, by reason of
				  conditions of flow, or by reason of a combination of such conditions and
				  circumstances.
1.
Class IA.
All wastewater collection and transfer systems serving a population of
				less than five hundred persons.
2.
Class I.
All wastewater collection and transfer systems serving a
				population of five hundred to one thousand five hundred persons.
3.
Class II.
All wastewater
				collection and transfer systems serving a population of one thousand five
				hundred to fifteen thousand persons.
4.
Class III.
All wastewater
				collection and transfer systems serving a population of fifteen thousand to
				fifty thousand persons.
5.
Class IV.
All wastewater collection and transfer systems serving a
				population of fifty thousand persons or more.
General Authority:
NDCC 23.1-07-06; S.L.2017,
					 ch.199, § 1
Law Implemented:
NDCC 23.1-07-03, 23.1-07-06;
					 S.L.2017, ch.199, § 22
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-19 - Certification of Water and Wastewater Systems Operators › Chapter 33.1-19-01 - Certification of Water Treatment Facility Operators, Water Distribution and Storage System Operators, Wastewater Treatment Facility Operators, and Wastewater Collection and Transfer System Operators › Section 33.1-19-01-10 - Change of classification

Current through Supplement No. 393, July, 2024
Classification of any treatment facility or distribution and
				  storage or collection and transfer system may be changed at the discretion of
				  the department by reason of changes in any condition or circumstance on which
				  the original classification was based. The department shall provide notice of
				  any classification change to the owner of the facility or
				  system.
General Authority:
NDCC 23.1-07-06; S.L.2017,
					 ch.199, § 1
Law Implemented:
NDCC 23.1-07-03, 23.1-07-06;
					 S.L.2017, ch.199, § 22
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-19 - Certification of Water and Wastewater Systems Operators › Chapter 33.1-19-01 - Certification of Water Treatment Facility Operators, Water Distribution and Storage System Operators, Wastewater Treatment Facility Operators, and Wastewater Collection and Transfer System Operators › Section 33.1-19-01-11 - Certification requirements

Current through Supplement No. 393, July, 2024
1. Operator
				certification is mandatory for all persons in direct responsible charge of the
				operation or maintenance of water treatment facilities, water distribution and
				storage systems, wastewater treatment facilities, or wastewater collection and
				transfer systems as required by North Dakota Century Code section 23.1-07-07
				and applicable federal laws and regulations.
2. Five grades of operators for water
				treatment facilities, water distribution and storage systems, wastewater
				treatment facilities, and wastewater collection and transfer systems are hereby
				established. To qualify for certification in a given grade, an applicant must
				satisfy the education and experience requirements, or their equivalents, of the
				grade for which the certification application is submitted.
3. All applicants must pass a certification
				examination as developed and administered by the department for the class of
				facility or system for which the certification application is
				submitted.
General Authority:
NDCC 23.1-07-06; S.L.2017,
					 ch.199, § 1
Law Implemented:
NDCC 23.1-07-04, 23.1-07-06;
					 S.L.2017, ch.199, § 22
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-19 - Certification of Water and Wastewater Systems Operators › Chapter 33.1-19-01 - Certification of Water Treatment Facility Operators, Water Distribution and Storage System Operators, Wastewater Treatment Facility Operators, and Wastewater Collection and Transfer System Operators › Section 33.1-19-01-12 - Operator qualifications

Current through Supplement No. 393, July, 2024
The following grade qualifications are intended to be as
				  nearly compatible as possible to the corresponding facility or system
				  classification.
1.
Grade
				IA.
a. Completion of high school or
				equivalent, and a minimum of six months of acceptable operation of a facility
				or system of class IA or higher.
b.
				A combination of education qualifications and experience that will be
				satisfactory to the department. No substitute may be permitted for minimum
				experience requirements, unless an exception is granted under section
				33.1-19-01-07.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-19 - Certification of Water and Wastewater Systems Operators › Chapter 33.1-19-01 - Certification of Water Treatment Facility Operators, Water Distribution and Storage System Operators, Wastewater Treatment Facility Operators, and Wastewater Collection and Transfer System Operators › Section 33.1-19-01-13 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-19 - Certification of Water and Wastewater Systems Operators › Chapter 33.1-19-01 - Certification of Water Treatment Facility Operators, Water Distribution and Storage System Operators, Wastewater Treatment Facility Operators, and Wastewater Collection and Transfer System Operators › Section 33.1-19-01-14 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-19 - Certification of Water and Wastewater Systems Operators › Chapter 33.1-19-01 - Certification of Water Treatment Facility Operators, Water Distribution and Storage System Operators, Wastewater Treatment Facility Operators, and Wastewater Collection and Transfer System Operators › Section 33.1-19-01-15 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-19 - Certification of Water and Wastewater Systems Operators › Chapter 33.1-19-01 - Certification of Water Treatment Facility Operators, Water Distribution and Storage System Operators, Wastewater Treatment Facility Operators, and Wastewater Collection and Transfer System Operators › Section 33.1-19-01-16 - Substitutions or equivalents

Current through Supplement No. 393, July, 2024
In determining the qualifications of operators desiring to be
				  certified, the following substitutions or equivalents may be used:
1. One year of acceptable operating
				experience may be considered equivalent to one year of high school.
2. Experience applied to the educational
				requirement may not also be applied to the experience requirement.
3. An acceptable high school equivalency
				certificate may be used to substitute for graduation from high
				school.
4. No substitutions or
				equivalents will be allowed in lieu of the minimum acceptable experience in the
				operation of water treatment, water distribution and storage, wastewater
				treatment, and wastewater collection and transfer facilities or
				systems.
5. The department may
				waive the experience requirements in an exceptional set of
				circumstances.
General Authority:
NDCC 23.1-07-06; S.L.2017,
					 ch.199, § 1
Law Implemented:
NDCC 23.1-07-03, 23.1-07-06;
					 S.L.2017, ch.199, § 22
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-20 - SOLID WASTE MANAGEMENT AND LAND PROTECTION › Chapter 33.1-20-01.1 - Definitions › Section 33.1-20-01.1-01 - Purpose

Current through Supplement No. 393, July, 2024
It is the purpose of this article to provide performance
				  criteria and standards for the management of solid waste in a manner that will
				  control nuisance and litter, protect the public health, safety, and welfare,
				  and prevent or minimize injury of environmental resources from exposure to
				  solid waste or constituents of solid 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 33.1-20-01.1 - Definitions › Section 33.1-20-01.1-02 - Applicability

Current through Supplement No. 393, July, 2024
Any person who operates or proposes to operate any type of
				  solid waste management system, unit, or facility and any person who transports
				  solid waste, is subject to the provisions of this article.
This article does not apply to the following:
1. The management of hazardous waste at
				hazardous waste management units or facilities as defined by chapter
				33.1-24-01;
2. Solid waste
				management units which do not receive solid waste after October 9, 1993, except
				closure standards apply;
3.
				Recycled agricultural material;
4.
				The disposal of household waste generated by any individual who resides on
				unplatted land in unincorporated areas of this state, on that person's
				property, unless handling of this waste is not in keeping with the purpose of
				this article;
5. The beneficial use
				or reuse of materials, substances, energy, or other products derived from a
				resource recovery activity;
6.
				Additional exemptions of certain requirements as specified in provisions of
				this article; or
7. Agricultural
				waste from a farming operation that is disposed on land owned by the farming
				operation and which is not likely to pollute the waters of the state.
General Authority:
NDCC 23.1-08-03; S.L.2017,
					 ch.199, § 1
Law Implemented:
NDCC 23.1-08-03, 23.1-08-09,
					 23.1-08-22; 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 33.1-20-01.1 - Definitions › Section 33.1-20-01.1-04 - Care and disposal of solid waste

Current through Supplement No. 393, July, 2024
1. Any person who
				owns or operates any premises, business establishment, or industry is
				responsible for the solid waste management activities, such as storage,
				transportation, resource recovery, or disposal, of solid waste generated or
				managed at that person's premises, business establishment, or
				industry.
2. No solid waste may be
				delivered to a facility which is not in compliance with this article or
				abandoned upon any street, alley, highway, public place, or private
				premises.
3. Solid waste must be
				stored, collected, and transported in a manner that provides for public safety,
				prevents uncontrolled introduction into the environment, and minimizes
				harborage for insects, rats, or other vermin.
4. Except in unincorporated areas of this
				state, household waste must be removed from the premises or containers at
				regular intervals not to exceed seven days and transported to a solid waste
				management unit or facility.
5.
				Used oil, lead-acid batteries, major appliances, and scrap metal may not be
				collected or transported for disposal to any solid waste disposal unit or
				facility unless such unit or facility has provision for intermediate storage
				and recycling of these materials and all such materials are appropriately
				segregated for recycling.
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 33.1-20-01.1 - Definitions › Section 33.1-20-01.1-04.1 - Storage containers and areas

Current through Supplement No. 393, July, 2024
All household wastes are to be stored in the manner provided
				  by this section.
1.
Storage
				containers.
a. Single-use containers.
(1) Single-use containers, such as paper or
				plastic bags, liners, or cartons, must have a maximum capacity of thirty-two
				gallons [121.1 liters] unless otherwise allowed by the local unit of
				government, must be leakproof and must be puncture resistant. Paper bags must
				be specifically designed for solid waste containment or disposal.
(2) Paper containers may not be used for
				outside storage unless supported by wall-mounted or freestanding holders or
				frames. When filled, the container top must be tied, stapled, or crimped to
				completely confine the contents.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-20 - SOLID WASTE MANAGEMENT AND LAND PROTECTION › Chapter 33.1-20-01.1 - Definitions › Section 33.1-20-01.1-05 - Collection and transportation vehicles

Current through Supplement No. 393, July, 2024
1. Vehicles used
				for the commercial collection and transportation of any residue, sludge,
				agricultural, inert, industrial waste, or special waste must be loaded and
				moved in such a manner that the contents will not fall, leak, or spill
				therefrom. Where spillage does occur, the collector or transporter shall
				immediately return spilled waste to the vehicle or container and, if necessary,
				clean and decontaminate the area.
2. Vehicles used for the commercial
				collection and transportation of regulated infectious waste, household waste,
				or municipal waste incinerator ash must be fully leakproof and fully enclosed
				or covered to prevent scattering of material. Regulated infectious waste may
				not be subject to mechanical stress or compaction during loading, unloading,
				and transit. Any spilled material must be immediately returned to the transport
				vehicle or container and, if necessary, the area must be cleaned and
				decontaminated.
3. The
				cargo-carrying body of a vehicle used for commercial collection or
				transportation of solid waste must be maintained in good repair and in sanitary
				condition.
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 33.1-20-01.1 - Definitions › Section 33.1-20-01.1-06 - Hazardous waste

Current through Supplement No. 393, July, 2024
The management of hazardous waste is regulated under article
				  33.1-24, except as otherwise provided in this article and section.
1. Containers having hazardous waste in
				excess of normal household quantities, which are not managed under 33.1-24,
				must be marked to designate the content as toxic, explosive, or otherwise
				hazardous in a manner designed to give adequate warning to any person
				conducting the collection, transport, resource recovery, or disposal of the
				waste.
2. Every person who
				transports hazardous waste shall have a valid solid waste transporters permit,
				unless exempted by section 33.1-20-02-01.
3. Owners and operators of disposal, resource
				recovery, or solid waste processing facilities may not knowingly store, treat,
				handle, or dispose of hazardous waste in amounts that are in excess of
				quantities normally in household waste, unless the requirements of 33.1-24 are
				met.
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 33.1-20-01.1 - Definitions › Section 33.1-20-01.1-07 - Pesticide waste

Current through Supplement No. 393, July, 2024
Every person who handles surplus agricultural pesticides and
				  pesticide containers shall comply with this article, section
				  33.1-15-10-02, and North Dakota
				  Century Code section 4.1-33-17. Surplus pesticides may not be discarded in any
				  manner which endangers humans, animals, and the environment. Pesticide
				  containers must be drained empty according to label directions and power or
				  triple rinsed before processing or disposal.
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 33.1-20-01.1 - Definitions › Section 33.1-20-01.1-08 - Asbestos waste

Current through Supplement No. 393, July, 2024
Every person who handles and disposes of asbestos waste shall
				  comply with section
				  33.1-15-13-02 and this
				  article.
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 33.1-20-01.1 - Definitions › Section 33.1-20-01.1-09 - Radioactive waste

Current through Supplement No. 393, July, 2024
Every person who handles and disposes of radioactive waste
				  shall comply with article 33.1-10. Every person who handles and disposes of
				  TENORM shall also comply with the applicable requirements of this
				  article.
General Authority:
NDCC 23.1-03-04,
					 23.1-08-03; S.L.2017, ch.199, § 1
Law Implemented:
NDCC 23.1-03-04, 23.1-08-03;
					 S.L.2017, ch.199, §§ 18,
					 23
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-20 - SOLID WASTE MANAGEMENT AND LAND PROTECTION › Chapter 33.1-20-01.1 - Definitions › Section 33.1-20-01.1-11 - Industrial waste and special waste

Current through Supplement No. 393, July, 2024
Every person who generates industrial waste or special waste
				  or who operates a landfill for disposal of municipal waste, industrial waste,
				  or special waste shall comply with this article and this section.
1. Industrial waste, except as provided by
				subsection 3:
a. May be codisposed with
				municipal waste in a municipal waste landfill in amounts less than or equal to
				ten percent by month of the weight of the municipal waste, except that the
				accumulated amount of industrial waste must not exceed twenty thousand tons
				[18,143.69 metric tons] per year or three thousand tons [2,721.55 metric tons]
				in any one month; or
b. May be
				disposed in a landfill which complies with chapter 33.1-20-07.1, except that
				the accumulated amount must not exceed twenty-five thousand tons [22,679.62
				metric tons] per year or three thousand tons [2,721.55 metric tons] in any one
				month unless larger amounts in one month resulting from remediation of spills
				or cleanup projects are approved by the department; or
c. Otherwise must be disposed in a landfill
				which complies with chapter 33.1-20-10 when the amount exceeds twenty-five
				thousand tons [22,679.62 metric tons] per year.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-20 - SOLID WASTE MANAGEMENT AND LAND PROTECTION › Chapter 33.1-20-01.1 - Definitions › Section 33.1-20-01.1-12 - Waste treatment

Current through Supplement No. 393, July, 2024
The department may require the treatment of a solid waste
				  which may have incompatible characteristics with another solid waste prior to
				  or during codisposal or which may produce a constituent in the waste's
				  laboratory extract or leachate that exceeds twenty percent of a toxicity
				  standard provided by section
				  33.1-24-02-14 or ten parts per
				  million polychlorinated biphenols. The department must consider factors such as
				  the site hydrogeological characteristics, toxicity of the waste, anticipated
				  leachate quality, mobility of waste constituents, fate of leachate constituents
				  during migration, potential site capacity, or local uses of waters of the
				  state.
1. Treatment, when performed,
				must reduce:
a. Toxicity of the
				waste;
b. The mobility of
				constituents contained in or derived from the waste into leachate; or
c. Both the toxicity and mobility.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-20 - SOLID WASTE MANAGEMENT AND LAND PROTECTION › Chapter 33.1-20-01.1 - Definitions › Section 33.1-20-01.1-13 - Certified laboratory

Current through Supplement No. 393, July, 2024
All waste, leachate, and water analysis required by article
				  33.1-20 must be conducted by a laboratory approved by the department's
				  certification procedures.
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 33.1-20-01.1 - Definitions › Section 33.1-20-01.1-14 - Variances

Current through Supplement No. 393, July, 2024
Whereupon written application the department finds that by
				  reason of exceptional circumstances strict conformity with any provisions of
				  this article would cause undue hardship or would be unreasonable, impractical,
				  or not feasible under the circumstances, the department may permit a variance
				  from this article upon such conditions and within such time limitations as it
				  may prescribe. The department will not approve variances for CCR facilities
				  without concurrence from the United States environmental protection
				  agency.
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 33.1-20-02.1 - PERMIT PROVISIONS AND PROCEDURES › Section 33.1-20-02.1-01 - Solid waste management permit required

Current through Supplement No. 393, July, 2024
Every person who treats or transports solid waste or operates
				  a solid waste management unit or facility is required to have a valid permit
				  issued by the department, unless the activity is an emergency, exemption, or
				  exception as provided in this section.
1. If the department determines an emergency
				exists, it may issue an order citing the existence of such emergency and
				require that certain actions be taken as necessary to meet the emergency in
				accordance with the provisions of North Dakota Century Code section
				23.1-08-19.
2. A solid waste
				management permit is not required for the following activities or facilities:
a. Backyard composting of leaves, grass
				clippings, or wood chips;
b. A
				collection point for parking lot or street sweepings;
c. Collection sites for wastes collected and
				received in sealed plastic bags from such activities as periodic cleanup
				campaigns for cities, rights of way, or roadside parks;
d. Onsite incinerators used by hospitals,
				clinics, laboratories, or other similar facilities solely for incineration of
				commercial waste or infectious waste generated onsite;
e. Rock and dirt fills that receive any
				combination of rock, dirt, or sand;
f. Surface impoundments for storage,
				handling, and disposal of oil and gas exploration and production wastes on a
				lease or area permitted through the North Dakota industrial commission under
				North Dakota Century Code section 38-08-04;
g. The disposal into the mine spoils of the
				following wastes generated in the mining operation:
(1) Rock, boulders, and dirt; and
(2) Trees and brush.
h. The disposal of the following mining
				operation wastes into areas designated in a surface coal mining permit issued
				by the North Dakota public service commission for such disposal:
(1) Inert waste from inspected
				farmsteads;
(2) Wood materials
				including pallets, lumber, lathe, cablespools, and fenceposts;
(3) Brick, concrete block, and cured
				concrete; and
(4) Plastic material
				and pipe.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-20 - SOLID WASTE MANAGEMENT AND LAND PROTECTION › Chapter 33.1-20-02.1 - PERMIT PROVISIONS AND PROCEDURES › Section 33.1-20-02.1-02 - Permits by rule

Current through Supplement No. 393, July, 2024
The owner or operator of the following facilities is deemed
				  to have obtained a permit for a solid waste management facility without making
				  application for it as long as the owner or operator remains in compliance with
				  section 33.1-20-04.1-01 and the rules and requirements provided in the
				  respective subsections of this section:
1. A facility for inert waste operated for
				municipalities which together have one thousand or fewer people provided:
a. The owner or operator of a new facility or
				lateral expansion of a landfill notifies the department, on forms available
				from the department, ninety days prior to any construction;
b. The facility is in compliance with
				sections 33.1-20-02.1-05, 33.1-20-04.1-02, and 33.1-20-04.1-09 and with chapter
				33.1-20-05.1.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-20 - SOLID WASTE MANAGEMENT AND LAND PROTECTION › Chapter 33.1-20-02.1 - PERMIT PROVISIONS AND PROCEDURES › Section 33.1-20-02.1-03 - General permits for beneficial use, processing, or treatment of solid waste

Current through Supplement No. 393, July, 2024
1. Authorization
				for a general permit:
a. The department may
				issue general permits on a regional or statewide basis for a category of
				beneficial use, processing, or treatment of solid waste, including recyclable
				materials, if the following are met:
(1) The
				wastes included in the category are generated by the same or substantially
				similar operations and have the same or substantially similar physical
				characteristics and chemical composition. If wastes are not the same or
				substantially similar and are blended for use, the blend shall be consistently
				reproduced with the same physical characteristics and chemical
				composition.
(2) The wastes
				included in the category are proposed for the same or substantially similar
				beneficial use, processing, or treatment operations.
(3) The activities in the category can be
				adequately regulated utilizing standardized conditions without harming or
				presenting a threat of harm to human health, safety, or the environment. At a
				minimum, the use of the waste as an ingredient in an industrial process or as a
				substitute for a commercial product may not present a greater harm or threat of
				harm than the use of the product or ingredient which the waste is replacing;
				and
(4) The activities in the
				category are in accordance with the requirements and purposes of this article,
				and do not pose a threat of harm to human health, safety, or the
				environment.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-20 - SOLID WASTE MANAGEMENT AND LAND PROTECTION › Chapter 33.1-20-02.1 - PERMIT PROVISIONS AND PROCEDURES › Section 33.1-20-02.1-04 - Permit compliance

Current through Supplement No. 393, July, 2024
All solid waste management facilities and activities must be
				  performed, constructed, operated, and closed in a manner consistent with the
				  permit application and subject to any modifications specified through permit
				  conditions.
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 33.1-20-02.1 - PERMIT PROVISIONS AND PROCEDURES › Section 33.1-20-02.1-05 - Record of notice

Current through Supplement No. 393, July, 2024
1. Within sixty
				days of the issuance of a permit for any landfill, surface impoundment, or land
				treatment unit if not already completed, the owner or operator shall record a
				notarized affidavit with the county recorder. The affidavit must specify that
				this facility, as noted in the legal description, is permitted to accept solid
				waste for disposal. This affidavit must specify that another affidavit must be
				recorded upon the facility's final closure.
2. Within sixty days of completion of final
				closure of any landfill, surface impoundment, or land treatment facility and
				prior to sale or lease of the property on which the facility is located, the
				owner shall comply with North Dakota Century Code section 23.1-08-21. The
				record or plat shall, in perpetuity, notify any person conducting a title
				search that the land has been used as a solid waste disposal facility. The
				record or plat must indicate the types and quantities of solid waste placed in
				the site and details on the site's construction, operation, or closure
				(including precautions against any building, earth moving, or tillage on the
				closed site) which are necessary to ensure the long-term maintenance and
				integrity of the closed facility.
3. The department must be provided a
				certified copy of any affidavit or plat within sixty days of
				recording.
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 33.1-20-02.1 - PERMIT PROVISIONS AND PROCEDURES › Section 33.1-20-02.1-06 - Property rights

Current through Supplement No. 393, July, 2024
An applicant for a permit for a solid waste management unit
				  or facility shall acquire or possess a right to the use of the property for
				  which a permit is sought, including the access route thereto. After closure,
				  the applicant shall maintain the right of access to the site throughout the
				  postclosure period.
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 33.1-20-02.1 - PERMIT PROVISIONS AND PROCEDURES › Section 33.1-20-02.1-07 - Permit modification, suspension, or revocation

Current through Supplement No. 393, July, 2024
1. A permit may be modified, suspended,
				revoked, or denied by the department for reasons pertaining to: circumstances
				that do not meet the purpose and provisions of this article, the provisions of
				the permit, or the plans and specifications submitted as part of the
				application for permit; or, violations of any applicable laws or rules. The
				department shall provide written notice to the permittee.
2. If a change occurs during the life of a
				permit for transporting solid waste (such as the number or type of vehicles
				used to transport waste, the service area, the waste categories transported, or
				the solid waste management facilities use), the permittee shall notify the
				department in writing within thirty days.
3. If a change occurs during the life of a
				permit for a solid waste management unit or facility, as specified in
				subsection 4, the permittee shall apply for and receive a modification of the
				permit prior to enacting the change. Routine maintenance, repair, or
				replacement, or an increase in hours of operations may not be considered a
				construction or operation change. Changes, including frequency of monitoring
				and reporting, waste sampling or analysis method, schedules of compliance, and
				revised cost estimates for closure and postclosure may be effected through
				written notice to and approval by the department.
4. The following changes at a permitted solid
				waste management unit or facility require a major permit modification:
a. A change to the facility boundaries or
				acreage;
b. An increase in average
				daily solid waste specified in the permit or permit application, calculated by
				weight or volume for any twelve consecutive months;
c. A change in the solid waste
				characteristics;
d. An increase or
				decrease in finished height or finished slope of a landfill;
e. Any increase in landfill trench or
				excavation depth;
f. A change in
				facility site development which will result in impact to or encroachment into a
				one hundred-year floodplain, a ravine, a wetland, or a drainageway;
g. A change in site drainage or management of
				runoff or run-on;
h. A change in
				facility site development which will result in disposal of wastes closer to
				site boundaries than originally approved;
i. The addition of solid waste management
				units, which, if sited independently, would require a permit; or
j. Other changes that could have an adverse
				effect on the safety, health, or welfare of nearby residents, property owners,
				or the environment.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-20 - SOLID WASTE MANAGEMENT AND LAND PROTECTION › Chapter 33.1-20-02.1 - PERMIT PROVISIONS AND PROCEDURES › Section 33.1-20-02.1-08 - Renewal of permit

Current through Supplement No. 393, July, 2024
An application for renewal of any permit must be submitted at
				  least sixty days prior to the expiration date. The application for renewal must
				  follow the procedures and provisions of section 33.1-20-03.1-02. The conditions
				  of an expired permit continue in force until the effective date of a new
				  permit, if the permittee has submitted a timely and complete application for a
				  new permit and the department, through no fault of the permittee, does not
				  issue a new permit with an effective date on or before the expiration date of
				  the previous permit.
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 33.1-20-03.1 - Permit Application Provisions › Section 33.1-20-03.1-01 - Preapplication procedures

Current through Supplement No. 393, July, 2024
1. For all new
				solid waste management facilities subject to the location standards of
				subsection 2 of section
				33.1-20-04.1-01, a
				preapplication consisting of a preliminary facility description and a site
				assessment must be submitted to the department for review prior to submitting a
				permit application.
a. The preliminary
				facility description must include, at a minimum, the location of the facility;
				a projection of capacity, size, daily waste receipts, type of waste accepted,
				years of operation, description of operation, and costs; and a discussion of
				the proposed facility's compliance with local zoning requirements and the
				district waste management plan.
b.
				The preliminary site assessment must include available information pertaining
				to the site's geology, hydrogeology, topography, soils, and hydrology based on
				existing information.
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 33.1-20-03.1-03 - Permit application review and action

Current through Supplement No. 393, July, 2024
1. The department will review the
				applications, plans, and specifications for solid waste transporters and for
				solid waste management facilities and information submitted as a result of the
				public notices.
2. Upon completion
				of the department's review, the application for permit will be approved,
				returned for clarification and additional information, or denied.
a. The basis for approval must be an
				application which demonstrates compliance with this article and North Dakota
				Century Code chapter 23.1-08.
b.
				The basis for return must be an application which is procedurally or
				technically incomplete, inaccurate, or deficient in detail, or which precludes
				an orderly review and evaluation. If the application is returned, the applicant
				may resubmit an application, complete with all necessary information to satisfy
				deficiencies. If the applicant does not resubmit an application within six
				months, the department shall consider the application withdrawn, and any
				subsequent application must be considered a new application.
c. The basis for denial must be an
				application which contains false, misleading, misrepresented, or substantially
				incorrect or inaccurate information; fails to demonstrate compliance with this
				article; proposes construction, installation, or operation of a solid waste
				management unit or facility which will result in a violation of any part of
				this article; or is made by an applicant for whom an environmental compliance
				background review reveals any of the circumstances listed in subsection 14 of
				North Dakota Century Code section 23.1-08-03.