reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › SURFACE IMPOUNDMENT REQUIREMENTS › Section 33.1-24-05-126 - Action leakage rate

Current through Supplement No. 393, July, 2024
1. The department
				  shall approve an action leakage rate for surface impoundment units subject to
				  subsection 3 or 4 of section
				  33.1-24-05-119. The action
				  leakage rate is the maximum design flow rate that the leak detection system can
				  remove without the fluid head on the bottom liner exceeding one foot [.3048
				  meters]. The action leakage rate must include an adequate safety margin to
				  allow for uncertainties in the design (for example, slope, hydraulic
				  conductivity, thickness of drainage material), construction, operation, and
				  location of the leak detection system, waste and leachate characteristics,
				  likelihood and amounts of other sources of liquids in the leak detection
				  system, and proposed response actions (for example, the action leakage rate
				  must consider decreases in the flow capacity of the system over time resulting
				  from siltation and clogging, rib layover and creep of synthetic components of
				  the system, overburden pressures, etc.).
2. To determine if the action leakage rate
				  has been exceeded, the owner or operator must convert the weekly or monthly
				  flow rate from the monitoring data obtained under subsection 4 of section
				  33.1-24-05-120 to an average
				  daily flow rate (gallons per acre per day) for each sump. Unless the department
				  approves a different calculation, the average daily flow rate for each sump
				  must be calculated weekly during the active life and closure period, and if the
				  unit is closed in accordance with subsection 2 of section
				  33.1-24-05-122, monthly during
				  the postclosure care period when monthly monitoring is required under
				  subsection 4 of section
				  33.1-24-05-120.
General Authority:
NDCC 23.1-04-03; S.L.
						2017, ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03,
						23.1-04-05; S.L. 2017, ch. 199, §
						19
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › SURFACE IMPOUNDMENT REQUIREMENTS › Section 33.1-24-05-127 - Response actions

Current through Supplement No. 393, July, 2024
1. The owner or
				  operator of surface impoundment units subject to subsection 3 or 4 of section
				  33.1-24-05-119 must have an
				  approved response action plan before receipt of waste. The response action plan
				  must set forth the actions to be taken if the action leakage rate has been
				  exceeded. At a minimum, the response action plan must describe the actions
				  specified in subsection 2.
2. If
				  the flow rate into the leak detection system exceeds the action leakage rate
				  for any sump, the owner or operator must:
a.
				  Notify the department in writing of the exceedance within seven days of the
				  determination;
b. Submit a
				  preliminary written assessment to the department within fourteen days of the
				  determination, as to the amount of liquids, likely sources of liquids, possible
				  location, size, and cause of any leaks, and short-term actions taken and
				  planned;
c. Determine to the extent
				  practicable the location, size, and cause of any leak;
d. Determine whether waste receipt should
				  cease or be curtailed; whether any waste should be removed from the unit for
				  inspection, repairs, or controls; and whether or not the unit should be
				  closed;
e. Determine any other
				  short-term and longer-term actions to be taken to mitigate or stop any leaks;
				  and
f. Within thirty days after the
				  notification that the action leakage rate has been exceeded, submit to the
				  department the results of the analyses specified in subdivisions c, d, and e;
				  the results of actions taken; and actions planned. Monthly thereafter, as long
				  as the flow rate in the leak detection system exceeds the action leakage rate,
				  the owner or operator must submit to the department a report summarizing the
				  results of any remedial actions taken and actions planned.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › SURFACE IMPOUNDMENT REQUIREMENTS › Section 33.1-24-05-128 - Air emission standards

Current through Supplement No. 393, July, 2024
The owner or operator shall manage all hazardous waste
					 placed in a surface impoundment in accordance with the requirements of sections
					 33.1-24-05-420 through
					 33.1-24-05-474.
General Authority:
NDCC 23.1-04-03; S.L.
						2017, ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03,
						23.1-04-05; S.L. 2017, ch. 199, §
						19
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › SURFACE IMPOUNDMENT REQUIREMENTS › Section 33.1-24-05-129 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › WASTE PILE REQUIREMENTS › Section 33.1-24-05-130 - Applicability of waste pile requirements

Current through Supplement No. 393, July, 2024
1. Sections
				  33.1-24-05-130 through
				  33.1-24-05-143 apply to owners
				  or operators of facilities that store or treat hazardous waste in piles, except
				  as section
				  33.1-24-05-01 provides
				  otherwise.
2. Sections
				  33.1-24-05-130 through
				  33.1-24-05-143 do not apply to
				  owners and operators of waste piles that are closed with wastes left in place.
				  Such waste piles are subject to regulation under sections
				  33.1-24-05-176 through
				  33.1-24-05-190.
3. The owner or operator of any waste pile
				  that is inside or under a structure that provides protection from precipitation
				  so that neither runoff nor leachate is generated is not subject to regulation
				  under section
				  33.1-24-05-131 or under sections
				  33.1-24-05-47 through
				  33.1-24-05-58, provided that:
a. Liquids or materials containing free
				  liquids are not placed in the pile;
b. The pile is protected from surface water
				  run-on by the structure or in some other manner;
c. The pile is designed and operated to
				  control dispersal of the waste by wind, where necessary, by means other than
				  wetting; and
d. The pile will not
				  generate leachate through decomposition or other reactions.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › WASTE PILE REQUIREMENTS › Section 33.1-24-05-131 - Design and operating requirements

Current through Supplement No. 393, July, 2024
1. A waste pile
				  (except for an existing portion of a waste pile) must have:
a. A liner that is designed, constructed, and
				  installed to prevent any migration of wastes out of the pile into the adjacent
				  subsurface soil or ground water or surface water at any time during the active
				  life (including the closure period) of the waste pile. The liner may be
				  constructed of materials that may allow waste to migrate into the liner itself
				  (but not into the adjacent subsurface soil or ground water or surface water)
				  during the active life of the facility. The liner must be:
(1) Constructed of materials that have
				  appropriate chemical properties and sufficient strength and thickness to
				  prevent failure due to pressure gradients (including static head and external
				  hydrogeologic forces), physical contact with the waste or leachate to which
				  they are exposed, climatic conditions, the stress of installation, and the
				  stress of daily operation;
(2)
				  Placed upon a foundation or base capable of providing support to the liner and
				  resistance to pressure gradients above and below the liner to prevent failure
				  of the liner due to settlement, compression, or uplift; and
(3) Installed to cover all surrounding earth
				  likely to be in contact with the waste or leachate; and
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › WASTE PILE REQUIREMENTS › Section 33.1-24-05-132 - Monitoring and inspection

Current through Supplement No. 393, July, 2024
1. During
				  construction or installation, liners (except in the case of existing portions
				  of piles exempt from subsection 1 of section
				  33.1-24-05-131) and cover
				  systems (for example, membranes, sheets, or coatings) must be inspected for
				  uniformity, damage, and imperfections, for example, holes, cracks, thin spots,
				  or foreign materials. Immediately after construction or installation:
a. Synthetic liners and covers must be
				  inspected to ensure tight seams and joints and the absence of tears, punctures,
				  or blisters; and
b. Soil-based and
				  admixed liners and covers must be inspected for imperfections, including
				  lenses, cracks, channels, root holes, or other structural nonuniformities that
				  may cause an increase in the permeability of the liner or cover.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › WASTE PILE REQUIREMENTS › Section 33.1-24-05-133 - Special requirements for ignitable or reactive waste

Current through Supplement No. 393, July, 2024
Ignitable or reactive waste may not be placed in a waste
					 pile unless the waste or waste pile satisfies all applicable requirements of
					 sections
					 33.1-24-05-250 through
					 33.1-24-05-299.
1. The waste is treated, rendered, or mixed
				  before or immediately after placement in the pile so that:
a. The resulting waste, mixture, or
				  dissolution of material no longer meets the definition of ignitable or reactive
				  waste under section
				  33.1-24-02-11 or
				  33.1-24-02-13; and
b. Subsection 2 of section
				  33.1-24-05-08 is complied with;
				  or
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › WASTE PILE REQUIREMENTS › Section 33.1-24-05-134 - Special requirements for incompatible wastes

Current through Supplement No. 393, July, 2024
1. Incompatible
				  wastes, or incompatible wastes and materials, may not be placed in the same
				  pile unless subsection 2 of section
				  33.1-24-05-08 is complied
				  with.
2. A pile of hazardous waste
				  that is incompatible with any waste or other material stored nearby in
				  containers, other piles, open tanks, or surface impoundments must be separated
				  from the other material, or protected from them by means of a dike, berm, wall,
				  or other device.
3. Hazardous waste
				  must not be piled on the same base where incompatible wastes or materials were
				  previously piled, unless the base has been decontaminated sufficiently to
				  ensure compliance with subsection 2 of section
				  33.1-24-05-08.
General Authority:
NDCC 23.1-04-03; S.L.
						2017, ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03,
						23.1-04-05; S.L. 2017, ch. 199, §
						19
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › WASTE PILE REQUIREMENTS › Section 33.1-24-05-135 - Closure and postclosure care

Current through Supplement No. 393, July, 2024
1. At closure, the
				  owner or operator must remove or decontaminate all waste residue, contaminated
				  containment system components (liners, etc.), contaminated subsoils, and
				  structures and equipment contaminated with waste and leachate, and manage them
				  as hazardous waste unless subsection 4 of section
				  33.1-24-02-03 applies.
2. If, after removing or decontaminating all
				  residues and making all reasonable efforts to affect removal or decontamination
				  of contaminated components, subsoils, structures, and equipment as required in
				  subsection 1, the owner or operator finds that not all contaminated subsoils
				  can be practicably removed or decontaminated, the owner or operator shall close
				  the facility and perform postclosure care in accordance with the closure and
				  postclosure care requirements that apply to landfills (section
				  33.1-24-05-180).
3. In addition:
a. The owner or operator of a waste pile that
				  does not comply with the liner requirements of subdivision a of subsection 1 of
				  section 33.1-24-05-131 and is not exempt
				  from them in accordance with subsection 3 of section
				  33.1-24-05-130 or subsection 6
				  of section
				  33.1-24-05-131, shall:
(1) Include in the closure plan for the pile
				  under section
				  33.1-24-05-61 both a plan for
				  complying with subsection 1 and a contingent plan for complying with subsection
				  2 in case not all contaminated subsoil can be practicably removed at closure;
				  and
(2) Prepare a contingent
				  postclosure plan under section
				  33.1-24-05-67 for complying with
				  subsection 2 in case not all contaminated subsoil can be practicably removed at
				  closure.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › WASTE PILE REQUIREMENTS › Section 33.1-24-05-136 - Special requirements for hazardous wastes F020, F021, F022, F023, F026, and F027

Current through Supplement No. 393, July, 2024
1. Hazardous wastes
				  F020, F021, F022, F023, F026, and F027 must not be placed in waste piles that
				  are not enclosed (as defined in subsection 3 of section
				  33.1-24-05-130) unless the owner
				  or operator operates the waste pile in accordance with a management plan for
				  these wastes that is approved by the department pursuant to the standards set
				  out in this subsection and in accord with all other applicable requirements of
				  sections
				  33.1-24-05-01 through
				  33.1-24-05-190,
				  33.1-24-05-300 through
				  33.1-24-05-524,
				  33.1-24-05-550 through
				  33.1-24-05-559, and
				  33.1-24-05-800 through
				  33.1-24-05-819. The factors to
				  be considered are:
a. The volume, physical,
				  and chemical characteristics of the wastes, including their potential to
				  migrate through soil or to volatilize or escape into the atmosphere;
b. The attenuative properties of underlying
				  and surrounding soils or other materials;
c. The mobilizing properties of other
				  materials codisposed with these wastes; and
d. The effectiveness of additional treatment,
				  design, or monitoring techniques.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › WASTE PILE REQUIREMENTS › Section 33.1-24-05-137 - Action leakage rate

Current through Supplement No. 393, July, 2024
1. The department
				  shall approve an action leakage rate for waste pile units subject to subsection
				  2 or 3 of section
				  33.1-24-05-131. The action
				  leakage rate is the maximum design flow rate that the leak detection system can
				  remove without the fluid head on the bottom liner exceeding one foot [.3048
				  meters]. The action leakage rate must include an adequate safety margin to
				  allow for uncertainties in the design (for example, slope, hydraulic
				  conductivity, thickness of drainage material), construction, operation, and
				  location of the leak detection system, waste and leachate characteristics,
				  likelihood and amounts of other sources of liquids in the leak detection
				  system, and proposed response actions (for example, the action leakage rate
				  must consider decreases in the flow capacity of the system over time resulting
				  from siltation and clogging, rib layover and creep of synthetic components of
				  the system, overburden pressures, etc.).
2. To determine if the action leakage rate
				  has been exceeded, the owner or operator must convert the weekly flow rate from
				  the monitoring data obtained under subsection 3 of section
				  33.1-24-05-132 to an average
				  daily flow rate (gallons per acre per day) for each sump. Unless the department
				  approves a different calculation, the average daily flow rate for each sump
				  must be calculated weekly during the active life and closure period.
General Authority:
NDCC 23.1-04-03; S.L.
						2017, ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03,
						23.1-04-05; S.L. 2017, ch. 199, §
						19
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › WASTE PILE REQUIREMENTS › Section 33.1-24-05-138 - Response actions

Current through Supplement No. 393, July, 2024
1. The owner or
				  operator of waste pile units subject to subsection 2 or 3 of section
				  33.1-24-05-131 must have an
				  approved response action plan before receipt of waste. The response action plan
				  must set forth the actions to be taken if the action leakage rate has been
				  exceeded. At a minimum, the response action plan must describe the actions
				  specified in subsection 2.
2. If
				  the flow rate into the leak detection system exceeds the action leakage rate
				  for any sump, the owner or operator must:
a.
				  Notify the department in writing of the exceedance within seven days of the
				  determination;
b. Submit a
				  preliminary written assessment to the department within fourteen days of the
				  determination, as to the amount of liquids, likely sources of liquids, possible
				  location, size, and cause of any leaks, and short-term actions taken and
				  planned;
c. Determine to the extent
				  practicable the location, size, and cause of any leak;
d. Determine whether waste receipt should
				  cease or be curtailed; whether any waste should be removed from the unit for
				  inspection, repairs, or controls; and whether or not the unit should be
				  closed;
e. Determine any other
				  short-term and long-term actions to be taken to mitigate or stop any leaks;
				  and
f. Within thirty days after the
				  notification that the action leakage rate has been exceeded, submit to the
				  department the results of the analyses specified in subdivisions c, d, and e;
				  the results of actions taken; and actions planned. Monthly thereafter, as long
				  as the flow rate in the leak detection system exceeds the action leakage rate,
				  the owner or operator must submit to the department a report summarizing the
				  results of any remedial actions taken and actions planned.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › WASTE PILE REQUIREMENTS › Section 33.1-24-05-139 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › WASTE PILE REQUIREMENTS › Section 33.1-24-05-140 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › WASTE PILE REQUIREMENTS › Section 33.1-24-05-141 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › WASTE PILE REQUIREMENTS › Section 33.1-24-05-142 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › WASTE PILE REQUIREMENTS › Section 33.1-24-05-143 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › INCINERATOR REQUIREMENTS › Section 33.1-24-05-145 - Waste analysis

Current through Supplement No. 393, July, 2024
1. As a portion of
				  the trial burn plan or with the permit application, the owner or operator shall
				  have included an analysis of the waste feed sufficient to provide all
				  information required by subdivision b of subsection 2 of section
				  33.1-24-06-19 or subdivision w
				  of subsection 2 of section
				  33.1-24-06-17. Owners and
				  operators of new hazardous waste incinerators shall provide the information
				  required by subdivision c of subsection 2 of section
				  33.1-24-06-19 or subdivision w
				  of subsection 2 of section
				  33.1-24-06-17 to the greatest
				  extent possible.
2. Throughout
				  normal operation the owner or operator shall conduct sufficient waste analysis
				  to verify that waste feed to the incinerator is within the physical and
				  chemical composition limit specified in the permit (under subsection 2 of
				  section 33.1-24-05-149).
General Authority:
NDCC 23.1-04-03; S.L.
						2017, ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03,
						23.1-04-05; S.L. 2017, ch. 199, §
						19
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › INCINERATOR REQUIREMENTS › Section 33.1-24-05-146 - Designation of principal organic hazardous constituents

Current through Supplement No. 393, July, 2024
1. Principal
				  organic hazardous constituents in the waste feed must be treated to the extent
				  required by the performance standard specified in section
				  33.1-24-05-147.
2. Designation of principal organic hazardous
				  constituents.
a. For each waste feed to be
				  burned, one or more principal organic hazardous constituents will be specified
				  in the facility's permit from among those constituents listed in 33.1-24-02,
				  appendix V. This specification will be based on the degree of difficulty of
				  incineration of the organic constituents in the waste and on their
				  concentration or mass in the waste feed, considering the results of waste
				  analysis and trial burns or alternative data submitted with the facility's
				  permit application. Organic constituents which represent the greatest degree of
				  difficulty of incineration will be those most likely to be designated as
				  principal organic hazardous constituents. Constituents are more likely to be
				  designated as principal organic hazardous constituents if they are present in
				  large quantities or concentrations in the waste.
b. Trial principal organic hazardous
				  constituents will be designated for performance of trial burns in accordance
				  with the procedure for obtaining trial burn permits in subsection 2 of section
				  33.1-24-06-19.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › INCINERATOR REQUIREMENTS › Section 33.1-24-05-147 - Performance standards

Current through Supplement No. 393, July, 2024
An incinerator burning hazardous waste must be designed,
					 constructed, and maintained so that when operated in accordance with operating
					 requirements specified under section
					 33.1-24-05-149 it will meet the
					 following performance standards:
1.
a. Except as provided in subdivision b, an
				  incinerator burning hazardous waste must achieve a destruction and removal
				  efficiency of ninety-nine and ninety-nine one hundredths percent for each
				  principal organic hazardous constituent designated (under section
				  33.1-24-05-146) in its permit
				  for each waste feed. The destruction and removal efficiency is determined for
				  each principal organic hazardous constituent from the following equation:
Click here to view
					 image
where:
Win = mass feed rate of one
					 principal organic constituent in the waste stream feeding the incinerator,
					 and
Wout = mass emission rate of the
					 same principal organic hazardous constituent present in exhaust emissions prior
					 to release to the atmosphere.
b. An incinerator burning wastes F020, F021,
				  F022, F023, F026, or F027 must achieve a destruction and removal efficiency of
				  ninety-nine and nine thousand nine hundred and ninety-nine ten thousandths
				  percent for each principal organic hazardous constituent designated (under
				  section 33.1-24-05-146) in its permit.
				  This performance must be demonstrated on principal organic hazardous
				  constituents that are more difficult to incinerate than tetra-, penta-, and
				  hexachlorodibenzo-p-dioxins and dibenzofurans. Destruction and removal
				  efficiency is determined for each principal organic hazardous constituent from
				  the equation in subdivision a.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › INCINERATOR REQUIREMENTS › Section 33.1-24-05-148 - Hazardous waste incinerator permits

Current through Supplement No. 393, July, 2024
1. The owner or
				  operator of a hazardous waste incinerator may burn only waste specified in the
				  permit and only under operating conditions specified for those wastes under
				  section 33.1-24-05-149, except:
a. In approved trial burns under subsection 2
				  of section
				  33.1-24-06-19; or
b. Under exemptions created by section
				  33.1-24-05-144.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › INCINERATOR REQUIREMENTS › Section 33.1-24-05-149 - Operating requirements

Current through Supplement No. 393, July, 2024
1. An incinerator
				  must be operated in accordance with operating requirements specified in the
				  permit. These will be specified on a case-by-case basis as those demonstrated
				  (in a trial burn or in alternative data as specified in subsection 2 of section
				  33.1-24-05-148 and included with
				  a facility's permit application) to be sufficient to comply with the
				  performance standards of section
				  33.1-24-05-147.
2. Each set of operating requirements will
				  specify the composition of the waste feed (including acceptable variations in
				  the physical or chemical properties of the waste feed which will not affect
				  compliance with the performance requirement of section
				  33.1-24-05-147) to which the
				  operating requirements apply. For each such waste feed, the permit will specify
				  acceptable operating limits including the following conditions:
a. Carbon monoxide level in the stack exhaust
				  gas;
b. Waste feed rate;
c. Combustion temperature;
d. An appropriate indicator of combustion gas
				  velocity;
e. Allowable variation in
				  incinerator system design or operating procedures; and
f. Such operating requirements as are
				  necessary to ensure that the performance standards of section
				  33.1-24-05-147 are
				  met.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › INCINERATOR REQUIREMENTS › Section 33.1-24-05-150 - Monitoring and inspections

Current through Supplement No. 393, July, 2024
1. The owner or
				  operator shall conduct, at a minimum, the following monitoring while
				  incinerating hazardous waste:
a. Combustion
				  temperature, waste feed rate, and the indicator of combustion gas velocity
				  specified in the permit must be monitored on a continuous basis;
b. Carbon monoxide must be monitored on a
				  continuous basis at a point in the incinerator downstream of the combustion
				  zone and prior to release to the atmosphere; and
c. Upon request by the department, sampling
				  and analysis of the waste and exhaust emissions must be conducted to verify
				  that the operating requirements established in the permit achieve the
				  performance standards of section
				  33.1-24-05-147.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › INCINERATOR REQUIREMENTS › Section 33.1-24-05-151 - Closure

Current through Supplement No. 393, July, 2024
At closure the owner or operator shall remove all hazardous
					 waste and hazardous waste residues (including ash, scrubber waters, and
					 scrubber sludges) from the incinerator site.
General Authority:
NDCC 23.1-04-03; S.L.
						2017, ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03,
						23.1-04-05; S.L. 2017, ch. 199, §
						19
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › INCINERATOR REQUIREMENTS › Section 33.1-24-05-152 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › INCINERATOR REQUIREMENTS › Section 33.1-24-05-153 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › INCINERATOR REQUIREMENTS › Section 33.1-24-05-154 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › INCINERATOR REQUIREMENTS › Section 33.1-24-05-155 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › INCINERATOR REQUIREMENTS › Section 33.1-24-05-156 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › INCINERATOR REQUIREMENTS › Section 33.1-24-05-157 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › INCINERATOR REQUIREMENTS › Section 33.1-24-05-158 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › INCINERATOR REQUIREMENTS › Section 33.1-24-05-159 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › LAND TREATMENT REQUIREMENTS › Section 33.1-24-05-160 - Applicability of land treatment requirements

Current through Supplement No. 393, July, 2024
Sections 33.1-24-05-160 through
					 33.1-24-05-175 apply to owners
					 and operators of facilities that treat or dispose of hazardous waste in land
					 treatment units, except as section
					 33.1-24-05-01 provides
					 otherwise.
General Authority:
NDCC 23.1-04-03; S.L.
						2017, ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03,
						23.1-04-05; S.L. 2017, ch. 199, §
						19
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › LAND TREATMENT REQUIREMENTS › Section 33.1-24-05-161 - Treatment program

Current through Supplement No. 393, July, 2024
1. An owner or
				  operator subject to sections
				  33.1-24-05-160 through
				  33.1-24-05-175 shall establish a
				  land treatment program that is designed to ensure that hazardous constituents
				  placed in or on the treatment zone are degraded, transformed, or immobilized
				  within the treatment zone. The department will specify in the facility permit
				  the elements of the treatment program, including:
a. The wastes that are capable of being
				  treated at the unit based on a demonstration under section
				  33.1-24-05-162;
b. Design measures and operating practices
				  necessary to maximize the success of degradation, transformation, and the
				  immobilization processes in the treatment zone in accordance with subsection 1
				  of section
				  33.1-24-05-163; and
c. Unsaturated zone monitoring provisions
				  meeting the requirements of section
				  33.1-24-05-165.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › LAND TREATMENT REQUIREMENTS › Section 33.1-24-05-162 - Treatment demonstration

Current through Supplement No. 393, July, 2024
1. For each waste
				  that will be applied to the treatment zone, the owner or operator shall
				  demonstrate prior to application of the waste that hazardous constituents in
				  the waste can be completely degraded, transformed, or immobilized in the
				  treatment zone.
2. In making this
				  demonstration, the owner or operator may use field tests, laboratory analyses,
				  available data, or, in the case of existing units, operating data. If the owner
				  or operator intends to conduct field tests or laboratory analyses in order to
				  make the demonstration required under subsection 1 the owner or operator shall
				  obtain a treatment or disposal permit under subsection 3 of section
				  33.1-24-06-19. The department
				  will specify in this permit the testing, analytical, design, and operating
				  requirements (including the duration of the tests and analyses, and, in the
				  case of field tests, the horizontal and vertical dimensions of the treatment
				  zone, monitoring procedures, closure and cleanup activities) necessary to meet
				  the requirements in subsection 3.
3. Any field test or laboratory analysis
				  conducted in order to make a demonstration under subsection 1 must:
a. Accurately simulate the characteristics
				  and operating conditions for the proposed land treatment unit including:
(1) The characteristics of the waste
				  (including the presence of constituents in appendix V of 33.1-24-02);
(2) The climate of the area;
(3) The topography of the surrounding
				  area;
(4) The characteristics of
				  the soil in the treatment zone (including depth); and
(5) The operating practices to be used at the
				  unit.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › LAND TREATMENT REQUIREMENTS › Section 33.1-24-05-163 - Design and operating requirements

Current through Supplement No. 393, July, 2024
The department will specify in the facility permit how the
					 owner or operator will design, construct, operate, and maintain the land
					 treatment unit in compliance with this section.
1. The owner or operator shall design,
				  construct, and maintain the unit to maximize the degradation, transformation,
				  and immobilization of hazardous constituents in the treatment zone. The owner
				  or operator shall design, construct, operate, and maintain the unit in
				  accordance with all design and operating conditions that were used in the
				  treatment demonstration under section
				  33.1-24-05-162. At a minimum,
				  the department will specify the following in the facility permit:
a. The rate and method of waste application
				  to the treatment zone;
b. Measures
				  to control soil pH;
c. Measures to
				  enhance microbial or chemical reaction, for example, fertilization, tilling;
				  and
d. Measures to control the
				  moisture content of the treatment zone.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › LAND TREATMENT REQUIREMENTS › Section 33.1-24-05-164 - Food chain crops

Current through Supplement No. 393, July, 2024
The department may allow the growth of food chain crops in
					 or on the treatment zone only if the owner or operator satisfies the conditions
					 of this section. The department will specify in the facility permit the
					 specific food chain crops which may be grown.
1. The owner or operator shall demonstrate
				  that there is no substantial risk to human health caused by the growth of such
				  crops in or on the treatment zone by demonstrating, prior to the planting of
				  such crops, that hazardous constituents other than cadmium:
a. Will not be transferred to the food or
				  feed portions of the crop by plant uptake or direct contact and will not
				  otherwise be ingested by food chain animals, for example, by grazing;
				  or
b. Will not occur in greater
				  concentrations in or on the food or feed portions of crops grown on the
				  treatment zone than in or on identical portions of the same crops grown on
				  untreated soils under similar conditions in the same region.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › LAND TREATMENT REQUIREMENTS › Section 33.1-24-05-165 - Unsaturated zone monitoring

Current through Supplement No. 393, July, 2024
An owner or operator subject to sections
					 33.1-24-05-160 through
					 33.1-24-05-175 shall establish
					 an unsaturated zone monitoring program to discharge the following
					 responsibilities:
1. The owner or
				  operator shall monitor the soil and soil-pore liquid to determine whether
				  hazardous constituents migrate out of the treatment zone.
a. The department will specify the hazardous
				  constituents to be monitored in the facility permit. The hazardous constituents
				  to be monitored are those specified under subsection 2 of section
				  33.1-24-05-161.
b. The department may require monitoring for
				  principal hazardous constituents in lieu of the constituents specified under
				  subsection 2 of section
				  33.1-24-05-161. Principal
				  hazardous constituents are hazardous constituents contained in the waste to be
				  applied at the unit that are the most difficult to treat, considering the
				  combined effects of degradation, transformation, and immobilization. The
				  department will establish principal hazardous constituents if the department
				  finds, based on waste analyses, treatment demonstrations, or other data that
				  effective degradation, transformation, or immobilization of the principal
				  hazardous constituents will assure treatment of at least equivalent levels for
				  the other hazardous constituents in the wastes.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › LAND TREATMENT REQUIREMENTS › Section 33.1-24-05-166 - Recordkeeping

Current through Supplement No. 393, July, 2024
The owner or operator shall include hazardous waste
					 application dates and rates in the operating record required under section
					 33.1-24-05-40.
General Authority:
NDCC 23.1-04-03; S.L.
						2017, ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03,
						23.1-04-05; S.L. 2017, ch. 199, §
						19