reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-07 - Permitting Procedures › Section 33-24-07-12 - Stays of contested permit conditions

Current through Supplement No. 393, July, 2024
1. Stays.
a. If a request for review of a permit under
				section 33-24-07-14 is granted, the effect
				of the contested permit conditions is stayed and is not subject to judicial
				review pending final department action. If the permit involves a new facility,
				the applicant is without a permit for the proposed new facility pending final
				agency action.
b. Uncontested
				conditions which are not severable from those contested must be stayed together
				with the contested conditions. Stayed provisions of permits for existing
				facilities must be identified by the department. All other provisions of the
				permit for the existing facility remain fully effective and
				enforceable.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-07 - Permitting Procedures › Section 33-24-07-13 - Response to comments

Current through Supplement No. 393, July, 2024
1. At the
				time that a final permit is issued under section
				33-24-07-11, the department shall
				issue a response to comments. This response must:
a. Specify which provisions, if any, of the
				draft permits have been changed in the final permit decision, and the reasons
				for the change; and
b. Briefly
				describe and respond to all significant comments on the draft permit raised
				during the public comment period or during any hearing.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-07 - Permitting Procedures › Section 33-24-07-14 - Appeal of permit

Current through Supplement No. 393, July, 2024
1. Within thirty
				days after a final permit decision (or a decision under subsection 2 of section
				33-24-06-13 to deny a permit for
				the active life of a hazardous waste management facility or unit) has been
				issued under section
				33-24-07-11, any person who filed
				comments on that draft permit or participated in the public hearing may
				petition the department to review any condition of the permit decision. Any
				person who failed to file comments or failed to participate in the public
				hearing on the draft permit may petition for administrative review only to the
				extent of the changes from the draft to the final permit decision. The
				thirty-day period within which a person may request review under this section
				begins with the service of notice of the department's action unless a later
				date is specified in that notice. The petition must include a statement of the
				reasons supporting that review, including a demonstration that any issues being
				raised were raised during the public comment period (including any public
				hearing) to the extent required by these rules and, when appropriate, a showing
				that the condition in question is based on.
a. A finding of fact or conclusion of law
				which is clearly erroneous; or
b.
				An exercise of discretion or an important policy consideration which the
				department should, in the department's discretion, review.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-07 - Permitting Procedures › Section 33-24-07-26 - Public notice requirements at the application stage

Current through Supplement No. 393, July, 2024
1. Applicability. The requirements of this
				section apply to all hazardous waste part B applications seeking initial
				permits for hazardous waste management units. The requirements of this section
				also apply to hazardous waste part B applications seeking renewal of permits
				for such units under section
				33-24-06-02. The requirements of
				this section do not apply to hazardous waste units for which facility owners or
				operators are seeking coverage under a hazardous waste standardized permit (see
				sections 33-24-06-45 through 33-24-06-85). The requirements of this section
				also do not apply to permit modifications under section
				33-24-06-14 or permit applications
				submitted for the sole purpose of conducting postclosure activities or
				postclosure activities and corrective action at a facility.
2. Notification at application submittal.
a. The department shall provide public notice
				as set forth in paragraph 4 of subdivision a of subsection 3 of section
				33-24-07-06, and notice to
				appropriate units of state and local government as set forth in subdivision b
				of subsection 3 of section
				33-24-07-06, that a part B permit
				application has been submitted to the department and is available for
				review.
b. The notice must be
				published within a reasonable period of time after the application is received
				by the department. The notice must include:
(1) The name and telephone number of the
				applicant's contact person;
(2) The
				name and telephone number of the department's contact office, and a mailing
				address to which information, opinions, and inquiries may be directed
				throughout the permit review process;
(3) An address to which people can write in
				order to be put on the facility mailing list;
(4) The location where copies of the permit
				application and any supporting documents can be viewed and copied;
(5) A brief description of the facility and
				proposed operations, including the address or a map (for example, a sketched or
				copied street map) of the facility location on the front page of the notice;
				and
(6) The date that the
				application was submitted.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-07 - Permitting Procedures › Section 33-24-07-27 - Information repository

Current through Supplement No. 393, July, 2024
1. Applicability.
				The requirements of this section apply to all applications seeking hazardous
				waste permits for hazardous waste management units.
2. The department may assess the need, on a
				case-by-case basis, for an information repository. When assessing the need for
				an information repository, the department shall consider a variety of factors,
				including the level of public interest; the type of facility; the presence of
				an existing repository; and the proximity to the nearest copy of the
				administrative record. If the department determines, at any time after
				submittal of a permit application, that there is a need for a repository, then
				the department shall notify the facility that it must establish and maintain an
				information repository. (See subsection 13 of section
				33-24-06-04 for similar provisions
				relating to the information repository during the life of a permit.)
3. The information repository shall contain
				all documents, reports, data, and information deemed necessary by the
				department to fulfill the purposes for which the repository is established. The
				department may limit the contents of the repository.
4. The information repository must be located
				and maintained at a site chosen by the facility. If the department finds the
				site unsuitable for the purposes and persons for which it was established, due
				to problems with the location, hours of availability, access, or other relevant
				considerations, then the department shall specify a more appropriate site.
5. The department shall specify
				requirements for informing the public about the information repository. At a
				minimum, the department shall require the facility to provide a written notice
				about the information repository to all individuals on the facility mailing
				list.
6. The facility owner or
				operator shall be responsible for maintaining and updating the repository with
				appropriate information throughout a time period specified by the department.
				The department may close the repository at its discretion, based on the factors
				in subsection 2.
General Authority: NDCC 23-20.3-03
Law Implemented: NDCC 23-20.3-03, 23-20.3-04,
					 23-20.3-05
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-07 - Permitting Procedures › Section 33-24-07-40 - Standardized permit

Current through Supplement No. 393, July, 2024
The standardized permit is a special form of hazardous waste
				  permit which may consist of two parts--A uniform portion that the department
				  issues in all cases, and a supplemental portion that the department issues at
				  the department's discretion. Standardized permit is defined in section
				  33-24-01-04.
1. The uniform portion of a standardized
				permit consists of terms and conditions, relevant to the unit or units
				operating at the facility, contained in sections 33-24-05-950 through
				33-24-05-1149. If the owner or operator intends to operate under the
				standardized permit, the owner or operator shall comply with these applicable
				terms and conditions.
2. The
				supplemental portion of a standardized permit consists of site specific terms
				and conditions, beyond those of the uniform portion, which the department may
				impose on the facility, as necessary to protect human health and the
				environment. If the department issues a supplemental portion, the owner or
				operator shall comply with the site specific terms and conditions the
				department imposes.
a. When required under
				section 33-24-05-1031, provisions to implement corrective action will be
				included in the supplemental portion.
b. Unless otherwise specified, these
				supplemental permit terms and conditions apply to the facility in addition to
				the terms and conditions of the uniform portion of the standardized permit and
				not in place of any of those terms and conditions.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-07 - Permitting Procedures › Section 33-24-07-41 - Eligibility for a standardized permit

Current through Supplement No. 393, July, 2024
1.
				The owner or operator may be eligible for a standardized permit if the
				facility:
a. Generates hazardous waste and
				then stores or nonthermally treats the hazardous waste on site in containers,
				tanks, or containment buildings; or
b. Receives hazardous waste generated offsite
				by a generator under the same ownership as the receiving facility, and then
				stores or nonthermally treats the hazardous waste in containers, tanks, or
				containment buildings.
c. The
				department will inform the owner or operator of eligibility when a decision is
				made on the facility permit.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-07 - Permitting Procedures › Section 33-24-07-42 - Applying for a standardized permit

Current through Supplement No. 393, July, 2024
1. The
				owner or operator shall follow the requirements in sections 33-24-07-40 through
				33-24-07-54, section
				33-24-07-25, section
				33-24-06-01 and sections
				33-24-06-45 through 33-24-06-85.
2.
				The owner or operator shall submit to the department a written notice of intent
				to operate under the standardized permit and shall include the information and
				certifications required under sections 33-24-06-45 through
				33-24-06-85.
General Authority:
NDCC
					 23-20.3-03
Law Implemented:
NDCC
					 23-20.3-03,
					 23-20.3-04,
					 23-20.3-05
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-07 - Permitting Procedures › Section 33-24-07-43 - Switching from a hazardous waste permit to a standardized permit

Current through Supplement No. 393, July, 2024
If all units in the hazardous waste permit are eligible for
				  the standardized permit, the permittee may request the individual permit be
				  revoked and reissued as a standardized permit, in accordance with section
				  33-24-07-03. If only some of the
				  units in the hazardous waste permit are eligible for the standardized permit,
				  the permittee may request the individual permit be modified to no longer
				  include those units and issue a standardized permit for those units in
				  accordance with section 33-24-07-44.
General Authority:
NDCC
					 23-20.3-03
Law Implemented:
NDCC
					 23-20.3-03,
					 23-20.3-04,
					 23-20.3-05
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-07 - Permitting Procedures › Section 33-24-07-44 - Draft standardized permit

Current through Supplement No. 393, July, 2024
1. The
				department shall:
a. Review the notice of
				intent and supporting information submitted by the facility owner or
				operator.
b. Determine whether the
				facility is or is not eligible to operate under the standardized permit.
(1) If the facility is eligible for the
				standardized permit, the department shall propose terms and conditions, if any,
				to include in a supplemental portion. If the department determines these terms
				and conditions are necessary to protect human health and the environment and
				cannot be imposed, the department tentatively shall deny coverage under the
				standardized permit.
(2) If the
				facility is not eligible for the standardized permit, the department
				tentatively shall deny coverage under the standardized permit. Cause for
				ineligibility may include the following:
(a)
				Failure of the facility owner or operator to submit all the information
				required under section 33-24-06-57.
(b) Information submitted that is required
				under section 33-24-06-57 is determined to be inadequate.
(c) Facility does not meet the eligibility
				requirements (activities are outside the scope of the standardized
				permit).
(d) Demonstrated history
				of significant noncompliance with applicable requirements.
(e) Permit conditions cannot ensure
				protection of human health and the environment.
c. Prepare a draft permit decision within one
				hundred twenty days after receiving the notice of intent and supporting
				documents from a facility owner or operator. A tentative determination under
				this section to deny or grant coverage under the standardized permit, including
				any proposed site specific conditions in a supplemental portion, constitutes a
				draft permit decision. A one time extension of thirty days to prepare the draft
				permit decision is allowed. When the use of the thirty-day extension is
				anticipated, the department should inform the permit applicant during the
				initial one-hundred-twenty-day review period. Reasons for an extension may
				include needing to complete review of submissions with the notice of intent
				(for example, closure plans, waste analysis plans, for facilities seeking to
				manage hazardous waste generated offsite).
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-07 - Permitting Procedures › Section 33-24-07-45 - Final standardized permit

Current through Supplement No. 393, July, 2024
The department shall consider all comments received during
				  the public comment period in making a final permit decision. In preparing a
				  final permit decision, the following provisions apply:
1. Section
				33-24-07-01.
2. Section 33-24-07-48.
3. Subsections 4, 5 and 6 of section
				33-24-07-08.
4. Section
				33-24-07-09; however, in the
				context of the standardized permit, the reference to the public comment period
				is section 33-24-07-48 instead of section
				33-24-07-06.
5. Section
				33-24-07-10; however, in the
				context of the standardized permit, use the following reference: in subdivision
				a of subsection 1 of section
				33-24-07-10 use reference to
				section 33-24-07-44 instead of section
				33-24-07-04; in subdivision c of
				subsection 1 of section 33-02-07-10 use reference to section 33-24-07-48
				instead of section
				33-24-07-06; in subsection 2 of
				section 33-24-07-10 use reference to
				section 33-24-07-47 instead of section
				33-24-07-06.
6. Section
				33-24-07-11; however, in the
				context of the standardized permit, the reference to the public comment period
				is section 33-24-07-48 instead of section
				33-24-07-06.
7. Section
				33-24-07-12.
8. Section 33-24-07-49.
9. Section
				33-24-07-14.
General Authority:
NDCC
					 23-20.3-03
Law Implemented:
NDCC
					 23-20.3-03,
					 23-20.3-04,
					 23-20.3-05
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-07 - Permitting Procedures › Section 33-24-07-46 - Situations requiring an application for an individual permit

Current through Supplement No. 393, July, 2024
1. Cases where the department may determine a
				facility is not eligible for the standardized permit include the following:
a. The facility does not meet the criteria in
				section 33-24-07-41.
b. The
				facility has a demonstrated history of significant noncompliance with rules,
				regulations or permit conditions.
c. The facility has a demonstrated history of
				submitting incomplete or deficient permit application information.
d. The facility has submitted incomplete or
				inadequate materials with the notice of intent.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-07 - Permitting Procedures › Section 33-24-07-47 - Public notice of permit actions and public involvement

Current through Supplement No. 393, July, 2024
1. The department shall provide public notice
				of the department's draft permit decision and shall provide an opportunity for
				the public to submit comments and request a hearing on that decision. The
				public notice must be provided to:
a. The
				applicant;
b. Any other agency that
				the department knows has issued or is required to issue a hazardous waste
				permit for the same facility or activity, including the environmental
				protection agency;
c. Federal and
				state agencies with jurisdiction over fish, shellfish, and wildlife resources
				and over coastal zone management plans, the advisory council on historic
				preservation, state historic preservation officers, including any affected
				states;
d. To everyone on the
				facility mailing list developed according to the requirements in paragraph 4 of
				subdivision a of subsection 3 of section
				33-24-07-06; and
e. To any units of local government having
				jurisdiction over the area where the facility is proposed to be located and to
				each state agency having any authority under state law with respect to the
				construction or operation of the facility.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-07 - Permitting Procedures › Section 33-24-07-48 - Public comment and request for public hearings

Current through Supplement No. 393, July, 2024
1. The public notice issued under section
				33-24-07-47 must allow at least a forty-five day public comment period for
				people to submit written comments on the draft permit decision. The public
				comment period is automatically extended to the close of any public hearing
				under this section. The hearing officer may also extend the comment period by
				so stating at the hearing.
2.
				During the public comment period, any interested person may submit written
				comments on the draft permit and may request a public hearing. A request for a
				public hearing must be in writing and must state the nature of the issues
				proposed to be raised in the hearing.
3. The department shall hold a public hearing
				whenever it receives a written notice of opposition to a standardized permit
				and a request for a hearing within the public comment period under subsection
				1. The department also may hold a public hearing at the department's discretion
				whenever such a hearing might clarify one or more issues involved in the permit
				decision.
4. Whenever possible, the
				department shall schedule a hearing under this section at a location convenient
				to the nearest population center to the facility. The department shall give
				public notice of the hearing at least thirty days before the date set for the
				hearing.
5. The department shall
				give public notice of the hearing according to the methods in subsections 1 and
				2 of section 33-24-07-47. The hearing must be conducted according to the
				procedures in subsections 4, 5 and 6 of section
				33-24-07-08.
6. In their written comments and during the
				public hearing, if held, interested parties may provide comments on the draft
				permit decision. These comments may include the facility's eligibility for the
				standardized permit, the tentative supplemental conditions proposed, and the
				need for additional supplemental conditions.
General Authority:
NDCC
					 23-20.3-03
Law Implemented:
NDCC
					 23-20.3-03,
					 23-20.3-04,
					 23-20.3-05
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-07 - Permitting Procedures › Section 33-24-07-49 - Response to comments

Current through Supplement No. 393, July, 2024
1. At the time a
				final standardized permit is issued, the department shall respond to comments
				received during the public comment period on the draft permit. This response
				must:
a. Specify which additional conditions
				(for example, those in the supplemental portion), if any, have been changed in
				the final permit, and the reasons for the change.
b. Briefly describe and respond to all
				significant comments on the facility's ability to meet the general requirements
				(for example, those terms and conditions in the uniform portion) and on any
				additional conditions necessary to protect human health and the environment
				raised during the public comment period or during the hearing.
c. Make the comments and responses accessible
				to the public.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-07 - Permitting Procedures › Section 33-24-07-50 - Appeal of permit

Current through Supplement No. 393, July, 2024
Any person may petition for administrative review of the
				  department's final permit decision, including the decision that the facility is
				  eligible for the standardized permit, according to the procedures of section
				  33-24-07-14. However, the terms
				  and conditions of the uniform portion of the standardized permit are not
				  subject to administrative review under this provision.
General Authority:
NDCC
					 23-20.3-03
Law Implemented:
NDCC
					 23-20.3-03,
					 23-20.3-04,
					 23-20.3-05
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-07 - Permitting Procedures › Section 33-24-07-51 - Permit changes at the request of the permittee

Current through Supplement No. 393, July, 2024
The permittee may make both routine changes, routine changes
				  with prior department approval, and significant changes. For the purposes of
				  this section:
1. ''Routine changes''
				are any changes to the standardized permit that qualify as a class 1 permit
				modification (without prior department approval) under section
				33-24-06-14, appendix I;
2. ''Routine changes with prior department
				approval'' are for those changes to the standardized permit that would qualify
				as a class 1 modification with prior department approval, or a class 2 permit
				modification under section
				33-24-06-14, appendix I;
				and
3. ''Significant changes'' are
				any changes to the standardized permit which:
a. Qualify as a class 3 permit modification
				under section
				33-24-06-14, appendix I;
b. Are not explicitly identified in section
				33-24-06-14, appendix I;
				or
c. Amend any terms or conditions
				in the supplemental portion of the standardized permit.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-07 - Permitting Procedures › Section 33-24-07-52 - Routine changes

Current through Supplement No. 393, July, 2024
1. The permittee
				may make routine changes to the standardized permit without obtaining approval
				from the department. However, the permittee first must determine whether the
				routine change will amend the information submitted under section 33-24-06-57
				with the notice of intent to operate under the standardized permit.
2. If the routine changes will amend the
				information submitted under section 33-24-06-57 with the notice of intent to
				operate under the standardized permit, then before making the routine changes
				the permittee must:
a. Submit to the
				department the revised information pursuant to subdivision a of subsection 1 of
				section 33-24-06-57; and
b. Provide
				notice of the changes to the facility mailing list and to state and local
				governments in accordance with the procedures in paragraphs 4 through 6 of
				subdivision a of subsection 3 of section
				33-24-07-06.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-07 - Permitting Procedures › Section 33-24-07-53 - Routine changes with prior approval

Current through Supplement No. 393, July, 2024
1. Routine changes to the standardized permit
				with prior department approval may only be made with the prior written approval
				of the department.
2. The permittee
				also must follow the procedures in subdivisions a and b of subsection 2 of
				section 33-24-07-52.
General Authority:
NDCC
					 23-20.3-03
Law Implemented:
NDCC
					 23-20.3-03,
					 23-20.3-04,
					 23-20.3-05
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-07 - Permitting Procedures › Section 33-24-07-54 - Significant changes

Current through Supplement No. 393, July, 2024
1. The permittee
				shall first provide notice of and conduct a public meeting.
a. Public meeting. The permittee shall hold a
				meeting with the public to solicit questions from the community and inform the
				community of the permittee's proposed modifications to the permittee's
				hazardous waste management activities. The permittee must post a sign in sheet
				or otherwise provide a voluntary opportunity for people attending the meeting
				to provide their names and addresses.
b. Public Notice. At least thirty days before
				planning to hold the meeting, the permittee shall issue a public notice in
				accordance with the requirements of subsection 4 of section
				33-24-07-25.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-08 - Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks › Section 33-24-08-01 - Applicability (technical standards and corrective action)

Current through Supplement No. 393, July, 2024
1. The requirements
				of this chapter apply to all owners and operators of an underground storage
				tank system as defined in section
				33-24-08-03,
				except as otherwise provided in subsections 2, 3, and 4. Any underground
				storage tank system listed in subsection 3 must meet the requirements of
				section
				33-24-08-02.
a. Previously deferred underground storage
				tank systems. Airport hydrant fuel distribution systems, underground storage
				tank systems with field-constructed tanks, and underground storage tank systems
				that store fuel solely for use by emergency power generators must meet the
				requirements of this chapter as follows:
(1)
				Airport hydrant fuel distribution systems and underground storage tank systems
				with field-constructed tanks must meet the requirements in sections
				33-24-08-70
				through
				33-24-08-72.
(2) Underground storage tank systems that
				store fuel solely for use by emergency power generators installed on or before
				April 1, 2018, must meet the sections
				33-24-08-30
				through
				33-24-08-35
				requirements on or before April 1, 2021.
(3) Underground storage tank systems that
				store fuel solely for use by emergency power generators installed after April
				1, 2018, must meet all applicable requirements of this chapter at
				installation.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-08 - Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks › Section 33-24-08-02 - Installation requirements for partially excluded underground storage tank systems

Current through Supplement No. 393, July, 2024
1. Owners and
				operators installing an underground storage tank system listed in subsection 3
				of section
				33-24-08-01
				for the purpose of storing regulated substances (whether of single-wall or
				double-wall construction) shall meet the following requirements:
a. Will prevent releases due to corrosion or
				structural failure for the operational life of the underground storage tank
				system;
b. Is cathodically
				protected against corrosion, constructed of noncorrodible material, steel clad
				with a noncorrodible material, or designed in a manner to prevent the release
				or threatened release of any stored substance; and
c. Is constructed or lined with material that
				is compatible with the stored substance.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-08 - Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks › Section 33-24-08-11 - Upgrading of existing underground storage tank systems

Current through Supplement No. 393, July, 2024
Owners and operators must permanently close (in accordance
				  with sections
				  33-24-08-60
				  through
				  33-24-08-64) any
				  underground storage tank system that does not meet the new underground storage
				  tank system performance standards in section
				  33-24-08-10
				  or has not been upgraded in accordance with subsections 2 through 4. This does
				  not apply to previously deferred underground storage tank systems described in
				  sections
				  33-24-08-70
				  to
				  33-24-08-72
				  and where an upgrade is determined to be appropriate by the department.
1.
Alternatives allowed.
All
				existing underground storage tank systems must comply with one of the following
				requirements:
a. New underground storage tank
				system performance standards under section
				33-24-08-10;
b. The upgrading requirements in subsections
				2 through 4; or
c. Closure
				requirements under sections
				33-24-08-60
				through
				33-24-08-64,
				including applicable requirements for corrective action under sections
				33-24-08-50
				through
				33-24-08-57.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-08 - Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks › Section 33-24-08-12 - Notification requirements

Current through Supplement No. 393, July, 2024
1. After May 8,
				1986, an owner must submit notice of a tank system's existence to the
				department within thirty days of bringing the underground storage tank system
				into use . Owners must use the form prescribed in appendix I.
(NOTE: Owners and operators of underground storage tank
				  systems that were in the ground on or after May 8, 1986, unless taken out of
				  operation on or before January 1, 1974, were required to notify the designated
				  state or local agency in accordance with the Hazardous and Solid Waste
				  Amendments of 1984, Public Law 98-616, on a form published by the environmental
				  protection agency on November 8, 1985, (50 Federal Register 46602) unless
				  notice was given pursuant to section 103(c) of the Comprehensive Environmental
				  Response, Compensation, and Liability Act of 1980. Owners and operators who
				  have not complied with the notification requirements may use portions I through
				  VI of the notification form contained in appendix I.)
2. Within thirty days of acquisition, any
				person who assumes ownership of a regulated underground storage tank system,
				except as described in subsection 1, must submit a notice of the ownership
				change to the department, using the form in appendix I, state form in
				accordance with subsection 3.
3.
				Owners required to submit notices under subsections 1 and 2 must provide
				notices to the department for each tank they own. Owners may provide notice for
				several tanks using one notification form, but owners who own tanks located at
				more than one place of operation must file a separate notification form for
				each separate place of operation.
4. Notices required to be submitted under
				subsection 1 must provide all of the information in sections I through VI of
				the prescribed form for each tank for which notice must be given.
5. All owners and operators of new
				underground storage tank systems must certify in the notification form
				compliance with the following requirements:
a.
				Installation of tanks and piping under subsection 6 of section
				33-24-08-10;
b. Cathodic protection of steel tanks and
				piping under subsections 1 and 2 of section
				33-24-08-10;
c. Financial responsibility under sections
				33-24-08-80
				through
				33-24-08-106;
				and
d. Release detection under
				sections
				33-24-08-31
				and
				33-24-08-32.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-08 - Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks › Section 33-24-08-20 - Spill and overfill control

Current through Supplement No. 393, July, 2024
1. Owners and
				operators must ensure that releases due to spilling or overfilling do not
				occur. The owner and operator must ensure that the volume available in the tank
				is greater than the volume of product to be transferred to the tank before the
				transfer is made and that the transfer operation is monitored constantly to
				prevent overfilling and spilling.
(NOTE: The transfer procedures described in National Fire
				  Protection Association Standard 385 "Standard for Tank Vehicles for Flammable
				  and Combustible Liquids" or American Petroleum Institute Recommended Practice
				  1007, "Loading and Unloading of MC 306/DOT 406 Cargo Tank Motor Vehicles" may
				  be used to comply with this subsection. Further guidance on spill and overfill
				  prevention appears in American Petroleum Institute Recommended Practice 1621,
				  "Bulk Liquid Stock Control at Retail Outlets".)
2. The owner and operator must report,
				investigate, and clean up any spills and overfills in accordance with section
				33-24-08-43.
General Authority:
NDCC 23-20.3-03,
					 23-20.3-04.1
Law Implemented:
NDCC
					 23-20.3-04.1
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-08 - Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks › Section 33-24-08-21 - Operation and maintenance of corrosion protection

Current through Supplement No. 393, July, 2024
All owners and operators of metal underground storage tank
				  systems with corrosion protection must comply with the following requirements
				  to ensure that releases due to corrosion are prevented until the underground
				  storage tank system is permanently closed or undergoes a change-in-service
				  pursuant to section
				  33-24-08-61:
1. All corrosion protection systems must be
				operated and maintained to continuously provide corrosion protection to the
				metal components of that portion of the tank and piping that routinely contain
				regulated substances and are in contact with the ground;
2. All underground storage tank systems
				equipped with cathodic protection systems must be inspected for proper
				operation by a qualified cathodic protection tester in accordance with the
				following requirements:
a. Frequency. All
				cathodic protection systems must be tested within six months of installation
				and at least every three years thereafter or according to another reasonable
				timeframe established by the department;
b. Inspection criteria. The criteria that are
				used to determine that cathodic protection is adequate as required by this
				section must be in accordance with a code of practice developed by a nationally
				recognized association;
(NOTE: The following codes of practice may be used to comply
				  with subsection 2: NACE International Test Method TM 0101, "Measurement
				  Techniques Related to Criteria for Cathodic Protection of Underground Storage
				  Tank Systems"; NACE International Test Method TM0497, "Measurement Techniques
				  Related to Criteria for Cathodic Protection on Underground or Submerged
				  Metallic Piping Systems"; Steel Tank Institute Recommended Practice R051,
				  "Cathodic Protection Testing Procedures for STI-P3® USTs"; NACE
				  International Standard Practice SP 0285, "External Control of Underground
				  Storage Tank Systems by Cathodic Protection"; or NACE International Standard
				  Practice SP 0169, "Control of External Corrosion on Underground or Submerged
				  Metallic Piping Systems".)
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-08 - Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks › Section 33-24-08-22 - Compatibility

Current through Supplement No. 393, July, 2024
1. Owners and
				operators must use an underground storage tank system made of or lined with
				materials that are compatible with the substance stored in the underground
				storage tank system.
2. Owners and
				operators must notify the department at least thirty days prior to switching to
				a regulated substance containing greater than ten percent ethanol, greater than
				twenty percent biodiesel, or any other regulated substance identified by the
				department. In addition, owners and operators with underground storage tank
				systems storing these regulated substances must meet one of the following:
a. Demonstrate compatibility of the
				underground storage tank system, including the tank, piping, containment sumps,
				pumping equipment, release detection equipment, spill equipment, and overfill
				equipment. Owners and operators may demonstrate compatibility of the
				underground storage tank system by using one of the following options:
(1) Certification or listing of underground
				storage tank system equipment or components by a nationally recognized,
				independent testing laboratory for use with the regulated substance stored;
				or
(2) Equipment or component
				manufacturer approval. The manufacturer's approval must be in writing, indicate
				an affirmative statement of compatibility, specify the range of biofuel blends
				the equipment or component is compatible with, and be from the equipment or
				component manufacturer; or
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-08 - Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks › Section 33-24-08-24 - Reporting and recordkeeping

Current through Supplement No. 393, July, 2024
Owners and operators of underground storage tank systems must
				  cooperate fully with inspections, monitoring, and testing conducted by the
				  department, as well as requests for document submission, testing, and
				  monitoring by the owner or operator pursuant to North Dakota Century Code
				  section 23-30.3-04.1.
1.
Reporting.
Owners and operators must submit the following
				information to the department:
a. Notification
				for all underground storage tank systems (section
				33-24-08-12),
				which includes certification of installation for new underground storage tank
				systems (subsection 6 of section
				33-24-08-10)
				and notification when any person assumes ownership of an underground storage
				tank system (subsection 2 of section
				33-24-08-12);
b. Notification prior to underground storage
				tank systems switching to certain regulated substances (subsection 2 of section
				33-24-08-22);
c. Reports of all releases including
				suspected releases (section
				33-24-08-40),
				spills and overfills (section
				33-24-08-43),
				and confirmed releases (section
				33-24-08-51);
d. Corrective actions planned or taken
				including initial abatement measures (section
				33-24-08-52),
				initial site characterization (section
				33-24-08-53),
				free product removal (section
				33-24-08-54),
				investigation of soil and ground water cleanup (section
				33-24-08-55),
				and corrective action plan (section
				33-24-08-56);
				and
e. A notification before
				permanent closure or change in service (section
				33-24-08-61).
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-08 - Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks › Section 33-24-08-25 - Periodic testing of spill prevention equipment and containment sumps used for interstitial monitoring of piping and periodic inspection of overfill prevention equipment

Current through Supplement No. 393, July, 2024
1. Owners and
				operators of underground storage tank systems with spill and overfill
				prevention equipment and containment sumps used for interstitial monitoring of
				piping must meet these requirements to ensure the equipment is operating
				properly and will prevent releases to the environment:
a. Spill prevention equipment, such as a
				catchment basin, spill bucket, or other spill containment device, and
				containment sumps used for interstitial monitoring of piping must prevent
				releases to the environment by meeting one of the following:
(1) The equipment is double walled and the
				integrity of both walls is periodically monitored at a frequency not less than
				the frequency of the walkthrough inspections described in section
				33-24-08-26.
				Owners and operators shall begin fulfilling paragraph 2 of subdivision a of
				subsection 1 and conduct a test within thirty days of discontinuing periodic
				monitoring of this equipment; or
(2) The spill prevention equipment and
				containment sumps used for interstitial monitoring of piping are tested at
				least once every three years to ensure the equipment is liquid tight by using
				vacuum, pressure, or liquid testing in accordance with one of the following
				criteria:
(a) Requirements developed by the
				manufacturer;
(NOTE: Owners and operators may use this option only if the
				  manufacturer has developed requirements.)
(b) Code of practice developed by a
				nationally recognized association or independent testing laboratory;
				or
(c) Requirements determined by
				the department to be no less protective of human health and the environment
				than the requirements listed in subparagraphs a and b of paragraph 2 of
				subdivision a of subsection 1.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-08 - Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks › Section 33-24-08-26 - Periodic operation and maintenance walkthrough inspections

Current through Supplement No. 393, July, 2024
1. To properly
				operate and maintain underground storage tank systems, not later than April 1,
				2021, owners and operators shall meet one of the following:
a. Conduct a walkthrough inspection that, at
				a minimum, checks the following equipment as specified below:
(1) Every thirty days (Exception: spill
				prevention equipment at underground storage tank systems receiving deliveries
				at intervals greater than every thirty days may be checked prior to each
				delivery):
(a) Spill prevention equipment -
				Visually check for damage; remove liquid or debris; check for and remove
				obstructions in the fill pipe; check the fill cap to make sure it is securely
				on the fill pipe; and, for double walled spill prevention equipment with
				interstitial monitoring, check for a leak in the interstitial area;
				and
(b) Release detection equipment
				- Check to make sure the release detection equipment is operating with no
				alarms or other unusual operating conditions present, and ensure records of
				release detection testing are reviewed and current; and
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-08 - Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks › Section 33-24-08-31 - Release detection requirements for petroleum underground storage tank systems

Current through Supplement No. 393, July, 2024
Owners and operators of petroleum underground storage tank
				  systems must provide release detection for tanks and piping as follows:
1.
Tanks.
Tanks must be
				monitored for releases as follows:
a. Tanks
				installed on or before September 29, 2018, must be monitored for releases at
				least every thirty days using one of the methods listed in subsections 4
				through 9 of section
				33-24-08-33
				except that:
(1) Underground storage tank
				systems that meet the performance standards in section
				33-24-08-10
				or
				33-24-08-11,
				and the monthly inventory control requirements in subsection 1 or 2 of section
				33-24-08-33,
				may use tank tightness testing (conducted in accordance with subsection 3 of
				section
				33-24-08-33)
				at least every five years until ten years after the tank was installed and
				tanks with capacity of five hundred fifty gallons [2081.98 liters] or less and
				tanks with a capacity of five hundred fifty-one to one thousand gallons which
				meet the tank diameter criteria in subsection 2 of section
				33-24-08-33
				may use manual tank gauging (conducted in accordance with subsection 2 of
				section
				33-24-08-33).
(2) Tanks installed after
				September 29, 2018, must be monitored for releases at least every thirty days
				in accordance with subsection 7 of section
				33-24-08-33.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-08 - Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks › Section 33-24-08-32 - Release detection requirements for hazardous substance underground storage tank systems

Current through Supplement No. 393, July, 2024
Owners and operators of hazardous substance underground
				  storage tank systems must provide containment that meets the following
				  requirements and monitor these systems using subsection 7 of section
				  33-24-08-33
				  at least every thirty days:
1.
				Secondary containment systems must be designed, constructed, and installed:
a. Contain regulated substances leaked from
				the primary containment until they are detected and removed;
b. Prevent the release of regulated
				substances to the environment at any time during the operational life of the
				underground storage tank system; and
c. Be checked for evidence of a release at
				least every thirty days.
(NOTE: The provisions of section
				  33-24-05-106
				  may be used to comply with this subsection for tanks installed on or before
				  April 1, 2018.)