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 33.1-20-01.1-03 - Definitions

Current through Supplement No. 393, July, 2024
The terms used throughout this article have the same meaning
				  as in North Dakota Century Code chapter 23.1-08, except:
1. "Acre foot" means the volume of one acre
				[0.40 hectares] of surface area to a depth of one foot [30.5
				centimeters].
2. "Agricultural
				processing operation" means a facility that processes crops, livestock, or
				other agricultural products in preparation for wholesale or retail sale to the
				public such as meat packing, the milling of grain, the selling of livestock by
				licensed livestock auction facilities, or other similar activities.
3. "Agricultural waste" means solid waste
				derived from the production and processing of crops and livestock such as
				manure, spoiled grain, grain screenings, undigested rumen material, livestock
				carcasses, fertilizer, and fertilizer containers, but does not include
				pesticide waste or pesticide containers.
4. "Airport" means a public-use airport open
				to the public without prior permission and without restrictions within the
				physical capacities of available facilities.
5. "Aquifer" means a geological formation,
				group of formations, or portion of formation capable of yielding significant
				quantities of ground water to wells or springs.
6. "Area-capacity curves" means graphic
				curves that readily show the reservoir water surface area, in acres, at
				different elevations from the bottom of the reservoir to the maximum water
				surface, and the capacity or volume, in acre-feet, of the water contained in
				the reservoir at various elevations.
7. "Areas susceptible to mass movement" means
				those areas of influence (i.e., areas characterized as having an active or
				substantial possibility of mass movement) where, because of natural or
				human-induced events, the movement of earthen material at, beneath, or adjacent
				to the solid waste management unit results in the downslope transport of soil
				and rock material by means of gravitational influence. Areas of mass movement
				include landslides, avalanches, debris slides and flows, soil fluctuation,
				block sliding, and rock fall.
8.
				"Beneficial use" means use of a solid waste or residual either in a
				manufacturing process to make a product or as a substitute for a raw material
				or product provided such use of the solid waste does not adversely impact human
				health or the environment. Beneficial use of CCR must meet the conditions in
				subdivisions a through d and beneficial use of other solid wastes or residuals
				must meet conditions in subdivisions a through c.
a. The solid waste or residual must provide a
				functional benefit;
b. The solid
				waste or residual must substitute for the use of a virgin material, conserving
				natural resources that would otherwise need to be obtained through practices,
				such as extraction;
c. The use of
				the solid waste or residual must meet relevant product specifications,
				regulatory standards or design standards when available, and when such
				standards are not available, the solid waste or residual is not used in excess
				quantities; and
d. When
				unencapsulated use of CCR or residual involving placement on the land of twelve
				thousand four hundred tons or more in nonroadway applications, the user shall
				demonstrate and keep records, and provide such documentation upon request, that
				environmental releases to ground water, surface water, soil and air are
				comparable to or lower than those from analogous products made without solid
				waste or residual, or that environmental releases to ground water, surface
				water, soil and air will be at or below relevant regulatory and health-based
				benchmarks for human and ecological receptors during use.