North Dakota Administrative Code

The terms used in this chapter have the same meaning as in North Dakota Century Code chapter 43-35, except that: 1 1. "Annular-space: annulus" means the space between a casing and a riser or between the riser and the borehole. 2. "Aquifer" means a water-bearing formation that tra…

1. Prior to the initiation of assessment activities in response to a contaminant release or when prior departmental approval is required, under existing state statute boreholes and monitoring wells must be installed at practicable locations based on plans and specifications appro…

1. This subsection applies to areas not likely having subsurface contamination. a. Whenever feasible, drilling methods should not introduce water or fluids into the borehole and should optimize cuttings control at ground surface. The selected drilling method must reflect the purp…

1. A written log must be kept which records the depth below ground surface of the boundaries of all strata encountered when drilling a borehole. Each stratum encountered must be described using generally accepted geologic terminology. 2. The certified monitoring well contractor m…

1. Riser. a. Specifications. The riser for a monitoring well must retain structural integrity for the duration of the monitoring period under actual subsurface conditions. (1) The riser and couplings must be constructed of materials that neither absorb nor leach chemical constitu…

All monitoring wells must be developed as follows: 1. The waiting period for monitoring well development after completion of well installation shall allow setup of sealants. 2. The monitoring well must be developed utilizing procedures that are compatible with the monitoring obje…

1. The department may require by written notification an owner of the site of a borehole or monitoring well to decommission the borehole or monitoring well when necessary to: a. Eliminate physical hazards on the surface; b. Prevent contamination of ground water; c. Prevent interm…

It is the responsibility of any person or persons operating a water treatment, water distribution and storage, wastewater treatment, or wastewater collection and transfer facility or system to comply with this chapter pursuant to North Dakota Century Code chapter 23.1-07. History…

As used in this chapter, unless the context or subject matter otherwise requires: 1. "Direct responsible charge" means full and active performance of onsite operation of a water or wastewater treatment facility or a water distribution and storage or wastewater collection and tran…

1. The official census must be used to determine the population served by a water treatment facility, water distribution and storage system, wastewater treatment facility, or wastewater collection and transfer system if population equivalent data is not available. 2. The total nu…

Applications for certification must be approved by the department fifteen days prior to the examination on appropriate forms. An application remains valid for a period of six months from the date of submission. History: Effective January 1, 2019; amended effective April 1, 2026. …

1. An examination must be used in determining knowledge, ability, and judgment of the applicant. Examinations may be written, oral, or electronic at the discretion of the department. 2. Examinations must be held at places and times set by the department. At least one examination …

1. Fees for certification are one hundred fifty dollars per examination. 2. Fees for annual renewals are forty dollars per certificate. 3. The certification fee from a qualified applicant is nonrefundable and must be received by the department prior to the examination. Applicants…

1. Upon satisfactory compliance with the certification qualifications, fee, and examination requirements provided herein, the department shall issue a certificate to the applicant. The certificate must indicate the operator certification grade, the class of facility or system the…

Water treatment facilities must be classified in one of five classes. Classifications must be based on population served, design population, type of treatment, raw water quality and volume of water to be treated, and complexity of sludge handling units. Facilities may be classifi…

Water distribution and storage systems must be classified in one of five classes. Classifications must be based on population served, design population, type of distribution and storage system, and the volume of water to be handled. Systems may be classified at the discretion of …

Wastewater treatment facilities must be classified in one of five classes. Classifications must be based on population served, design population, type of treatment, character and volume of wastes to be treated, and the use and nature of the water resources receiving the facility …

Wastewater collection and transfer systems must be classified in one of five classes. Classifications must be based on population served, design population, type of collection and transfer system, and the character and volume of wastes to be handled. Systems may be classified at …

Classification of any treatment facility or distribution and storage or collection and transfer system may be changed at the discretion of the department by reason of changes in any condition or circumstance on which the original classification was based. The department shall pro…

1. Operator certification is mandatory for all persons in direct responsible charge of the operation or maintenance of water treatment facilities, water distribution and storage systems, wastewater treatment facilities, or wastewater collection and transfer systems as required by…

The following grade qualifications are intended to be as nearly compatible as possible to the corresponding facility or system classification. 1. Grade IA. a. Completion of high school or equivalent, and a minimum of six months of acceptable operation of a facility or system of c…

ARTICLE 33.1-19 CERTIFICATION OF WATER AND WASTEWATER SYSTEMS OPERATORS Chapter 33.1-19-01 Certification of Water Treatment Facility Operators, Water Distribution and Storage System Operators, Wastewater Treatment Facility Operators, and Wastewater Collection and Transfer System …

ARTICLE 33.1-19 CERTIFICATION OF WATER AND WASTEWATER SYSTEMS OPERATORS Chapter 33.1-19-01 Certification of Water Treatment Facility Operators, Water Distribution and Storage System Operators, Wastewater Treatment Facility Operators, and Wastewater Collection and Transfer System …

ARTICLE 33.1-19 CERTIFICATION OF WATER AND WASTEWATER SYSTEMS OPERATORS Chapter 33.1-19-01 Certification of Water Treatment Facility Operators, Water Distribution and Storage System Operators, Wastewater Treatment Facility Operators, and Wastewater Collection and Transfer System …

In determining the qualifications of operators desiring to be certified, the following substitutions or equivalents may be used: 1. One year of acceptable operating experience may be considered equivalent to one year of high school. 2. Experience applied to the educational requir…

It is the purpose of this article to provide performance criteria and standards for the management of solid waste in a manner that will control nuisance and litter, protect the public health, safety, and welfare, and prevent or minimize injury of environmental resources from expo…

Any person who operates or proposes to operate any type of solid waste management system, unit, or facility and any person who transports solid waste, is subject to the provisions of this article. This article does not apply to the following: 1. The management of hazardous waste …

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" mean…

1. Any person who owns or operates any premises, business establishment, or industry is responsible for the solid waste management activities, such as storage, transportation, resource recovery, or disposal, of solid waste generated or managed at that person's premises, business …

All household wastes are to be stored in the manner provided by this section. 1. Storage containers. a. Single-use containers. 10 (1) Single-use containers, such as paper or plastic bags, liners, or cartons, must have a maximum capacity of thirty-two gallons [121.1 liters] unless…

1. Vehicles used for the commercial collection and transportation of any residue, sludge, agricultural, inert, industrial waste, or special waste must be loaded and moved in such a manner that the contents will not fall, leak, or spill therefrom. Where spillage does occur, the co…

The management of hazardous waste is regulated under article 33.1-24, except as otherwise provided in this article and section. 1. Containers having hazardous waste in excess of normal household quantities, which are not managed under article 33.1-24, must be marked to designate …

Every person who handles surplus agricultural pesticides and pesticide containers shall comply with this article, section 33.1-15-10-02, and North Dakota Century Code section 4.1-33-17. Surplus pesticides may not be discarded in any manner which endangers humans, animals, and the…

Every person who handles and disposes of asbestos waste shall comply with section 33.1-15-13-02 and this article. History: Effective January 1, 2019. General Authority: NDCC 23.1-08-03; S.L. 2017, ch. 199, § 1 Law Implemented: NDCC 23.1-08-03; S.L. 2017, ch. 199, § 23

Every person who handles and disposes of radioactive waste shall comply with article 33.1-10. Every person who handles and disposes of TENORM shall also comply with the applicable requirements of this article. History: Effective January 1, 2019. General Authority: NDCC 23.1-03-04…

CHAPTER 33.1-20-01.1 GENERAL PROVISIONS Section 33.1-20-01.1-01 Purpose 33.1-20-01.1-02 Applicability 33.1-20-01.1-03 Definitions 33.1-20-01.1-04 Care and Disposal of Solid Waste 33.1-20-01.1-04.1 Storage Containers and Areas 33.1-20-01.1-05 Collection and Transportation Vehicles…

Every person who generates industrial waste or special waste or who operates a landfill for disposal of municipal waste, industrial waste, or special waste shall comply with this article and this section. 1. Industrial waste, except as provided by subsection 3: a. May be codispos…

The department may require the treatment of a solid waste which may have incompatible characteristics with another solid waste prior to or during codisposal or which may produce a constituent in the waste's laboratory extract or leachate that exceeds twenty percent of a toxicity …

All waste, leachate, and water analysis required by article 33.1-20 must be conducted by a laboratory approved by the department's certification procedures. History: Effective January 1, 2019. General Authority: NDCC 23.1-08-03; S.L. 2017, ch. 199, § 1 14 Law Implemented: NDCC 23…

Whereupon written application the department finds that by reason of exceptional circumstances strict conformity with any provisions of this article would cause undue hardship or would be unreasonable, impractical, or not feasible under the circumstances, the department may permi…

Every person who treats or transports solid waste or operates a solid waste management unit or facility is required to have a valid permit issued by the department, unless the activity is an emergency, exemption, or exception as provided in this section. 1. If the department dete…

The owner or operator of the following facilities is deemed to have obtained a permit for a solid waste management facility without making application for it as long as the owner or operator remains in compliance with section 33.1-20-04.1-01 and the rules and requirements provide…

1. Authorization for a general permit: a. The department may issue general permits on a regional or statewide basis for a category of beneficial use, processing, or treatment of solid waste, including recyclable materials, if the following are met: (1) The wastes included in the …

All solid waste management facilities and activities must be performed, constructed, operated, and closed in a manner consistent with the permit application and subject to any modifications specified through permit conditions. History: Effective January 1, 2019; amended effective…

1. Within sixty days of the issuance of a permit for any landfill, surface impoundment, or land treatment unit if not already completed, the owner or operator shall record a notarized affidavit with the county recorder. The affidavit must specify that this facility, as noted in t…

An applicant for a permit for a solid waste management unit or facility shall acquire or possess a right to the use of the property for which a permit is sought, including the access route thereto. After closure, the applicant shall maintain the right of access to the site throug…

1. A permit may be modified, suspended, revoked, or denied by the department for reasons pertaining to: circumstances that do not meet the purpose and provisions of this article, the provisions of the permit, or the plans and specifications submitted as part of the application fo…