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 DISPOSAL RESTRICTIONS › Section 33.1-24-05-253 - Treatment surface impoundment exemption

Current through Supplement No. 393, July, 2024
1. Wastes which are
				  otherwise prohibited from land disposal under sections
				  33.1-24-05-250 through
				  33.1-24-05-299 may be treated in
				  a surface impoundment or series of impoundments provided that:
a. Treatment of such wastes occurs in the
				  impoundments.
b. The following
				  conditions are met:
(1) Sampling and testing.
				  For wastes with treatment standards in sections
				  33.1-24-05-280 through
				  33.1-24-05-289 and prohibition
				  levels in sections
				  33.1-24-05-266 through
				  33.1-24-05-279, or both, or
				  Resource Conservation and Recovery Act section 3004(d), the residues from
				  treatment are analyzed, as specified in section
				  33.1-24-05-256 or
				  33.1-24-05-272, to determine if
				  the wastes meet the applicable treatment standards or where no treatment
				  standards have been established for the waste, the applicable prohibition
				  levels. The sampling method, specified in the waste analysis plan under section
				  33.1-24-05-04, must be designed
				  such that representative samples of the sludge and the supernatant are tested
				  separately rather than mixed to form homogeneous samples.
(2) Removal. The following treatment residues
				  (including any liquid waste) must be removed at least annually: residues which
				  do not meet the treatment standards promulgated under sections
				  33.1-24-05-280 through
				  33.1-24-05-289; residues which
				  do not meet the prohibition levels established under sections
				  33.1-24-05-266 through
				  33.1-24-05-279 or imposed by
				  statute (where no treatment standards have been established); residues which
				  are from the treatment of wastes prohibited from land disposal under sections
				  33.1-24-05-266 through
				  33.1-24-05-279 (where no
				  treatment standards have been established and no prohibition levels apply); or
				  residues from managing listed wastes which are not delisted under section
				  33.1-24-01-08. If the volume of
				  liquid flowing through the impoundment or series of impoundments annually is
				  greater than the volume of the impoundment or impoundments, this flowthrough
				  constitutes removal of the supernatant for the purpose of this
				  requirement.
(3) Subsequent
				  management. Treatment residues may not be placed in any other surface
				  impoundment for subsequent management.
(4) Recordkeeping. Sampling and testing and
				  recordkeeping provisions of section
				  33.1-24-05-04
				  apply.
c. The impoundment
				  meets the design requirements of subsection 3 of section
				  33.1-24-05-119, regardless the
				  unit may not be new, expanded, or a replacement, and be in compliance with
				  applicable ground water monitoring requirements of sections
				  33.1-24-05-47 through
				  33.1-24-05-58 unless:
(1) Exempted pursuant to subsection 4 or 5 of
				  section 33.1-24-05-119;
(2) Upon application by the owner or
				  operator, the department, after notice and an opportunity to comment, has
				  granted a waiver of the requirements on the basis that the surface impoundment:
(a) Has at least one liner, for which there
				  is no evidence that such liner is leaking;
(b) Is located more than one-quarter mile
				  [402.3 meters] from an underground source of drinking water; and
(c) Is in compliance with generally
				  applicable ground water monitoring requirements for facilities with permits;
				  or
(3) Upon application
				  by the owner or operator, the department, after notice and an opportunity to
				  comment, has granted a modification to the requirements on the basis of a
				  demonstration that the surface impoundment is located, designed, and operated
				  so as to assure that there will be no migration of any hazardous constituent
				  into ground water or surface water at any future time.
d. The owner or operator submits to the
				  department a written certification that the requirements of subdivision c of
				  subsection 1 have been met. The following certification is required:
I certify under penalty of law that the requirements of
					 subdivision c of subsection 1 of section 33.1-24-05-253 have been met for all
					 surface impoundments being used to treat restricted wastes. I believe that the
					 submitted information is true, accurate, and complete. I am aware that there
					 are significant penalties for submitting false information, including the
					 possibility of fine and imprisonment.