North Dakota Administrative Code

In addition to sections 33.1-20-04.1-02, 33.1-20-04.1-03, 33.1-20-04.1-04, and 33.1-20-04.1-05, the owner or operator of a facility which conducts treatment or resource recovery other than processing shall comply with these standards. 1. All liquids must be collected and treated …

1. In addition to sections 33.1-20-04.1-02, 33.1-20-04.1-03, 33.1-20-04.1-04, and 33.1-20-04.1-05, the standards of this section apply to all landfills, surface impoundments closed with solid waste in place, and land treatment units, unless otherwise indicated. 2. Construction an…

New and unique methods developed subsequent to July 1, 2020, which can be utilized without environmental degradation and creation of hazards to public health and safety will be considered by the department. History: Effective January 1, 2019; amended effective July 1, 2020. 13 Ge…

An owner or operator of an inert waste landfill, which does not qualify for a permit by rule, shall comply with this chapter and with sections 33.1-20-04.1-02, 33.1-20-04.1-03, 33.1-20-04.1-04, 33.1-20-04.1-05, and 33.1-20-04.1-09. An inert waste landfill, which is permitted by r…

The owner or operator of an inert waste landfill shall comply with these design, construction, and operating standards. 1. Access to the facility must be controlled by lockable gates and a combination of fencing, natural barriers, or artificial barriers. 2. Disposal of the follow…

Lime sludge from a water treatment plant may be disposed in an inert waste landfill contingent upon departmental approval, which must be based upon factors such as site characteristics, site design, site operation, or permit conditions. History: Effective January 1, 2019. General…

In addition to sections 33.1-20-04.1-05 and 33.1-20-04.1-09, at closure, an owner or operator shall cover an existing unit with a layer of compacted clay-rich earthen material having a thickness of twelve inches [30.5 centimeters] or more and free from cracks and extrusions of so…

Owners or operators of inert waste landfills shall conduct annual postclosure inspections for a period of five years after closure. 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…

The requirements of this chapter and of sections 33.1-20-01.1-08, 33.1-20-04.1-02, 33.1-20-04.1-03, 33.1-20-04.1-04, 33.1-20-04.1-05, and 33.1-20-04.1-09 apply to owners and operators of municipal waste landfills, except that the department may allow alternate performance and des…

The owner or operator of a municipal waste landfill facility shall comply with these design, construction, and operating standards. 1. Access to the facility must be controlled by lockable gates and a combination of fencing, natural barriers, or artificial barriers. The gates mus…

In addition to sections 33.1-20-04.1-05 and 33.1-20-04.1-09, at closure, an owner or operator shall cover an existing unit with a layer of compacted soil material having a thickness of eighteen inches 3 [45.7 centimeters] or more and a hydraulic conductivity of 1 x 10-7 centimete…

In addition to the requirements of section 33.1-20-01.1-11 and chapter 33.1-20-04.1, the owner or operator of an industrial waste landfill or a special waste landfill, excluding CCR landfills subject to chapter 33.1-20-08, shall comply with the design, construction, and operating…

In addition to sections 33.1-20-04.1-05 and 33.1-20-04.1-09, at closure, an owner or operator shall cover an existing unit with a layer of compacted soil material having a thickness of eighteen inches [45.7 centimeters] or more, and a saturated hydraulic conductivity of 1 x 10-7 …

The terms used in this chapter have the same meaning as in North Dakota Century Code section 23.1-08-02 and section 33.1-20-01.1-03, except: 1. "Active facility or active electric utilities or independent power producers" means any facility subject to the requirements of this art…

1. The requirements of this chapter apply to owners and operators of new and existing landfills and surface impoundments, including any lateral expansions of such units that dispose or 3 otherwise engage in solid waste management of CCR generated from the combustion of coal at el…

In addition to the general location standards in section 33.1-20-04.1-01, the CCR unit must meet the following if applicable: 1. Placement above the uppermost aquifer. New CCR landfills, existing and new CCR surface impoundments, and all lateral expansions of CCR units must be co…

1. New CCR landfills and any lateral expansion of a CCR landfill must be designed, constructed, operated, and maintained with the appropriate hydraulic barrier and leachate management system capable of collecting and removing leachate and contaminated surface water within the dis…

1. Air criteria. a. The owner or operator of a CCR landfill, CCR surface impoundment, or any lateral expansion of a CCR unit shall adopt measures that will effectively minimize CCR from becoming airborne at the facility, including CCR fugitive dust originating from CCR units, roa…

1. Applicability. a. Existing CCR landfills, CCR surface impoundments, and lateral expansions of CCR units are subject to the ground water monitoring and corrective action requirements of this section. b. Initial time frames. (1) Existing CCR landfills and existing CCR surface im…

1. Inactive CCR surface impoundments. a. Inactive CCR surface impoundments are subject to all of the requirements of this chapter applicable to existing CCR surface impoundments. b. The owner or operator of an inactive CCR surface impoundment shall include documentation of the re…

1. Recordkeeping requirements. a. Each owner or operator of a CCR unit subject to the requirements of this chapter shall maintain files of all information required by this section in a written operating record at their facility. b. Unless specified otherwise, each file must be re…

In addition to the requirements of section 33.1-20-04.1-09, the owner or operator of a surface impoundment shall comply with the following: 1. Applicability. a. The design, construction, and operating standards of this section are applicable to surface impoundments that store or …

In addition to the requirements of section 33.1-20-04.1-09, at closure, the owner or operator shall complete the following: 1. Remove all standing liquids, waste and waste residues, the liners and leak detection system, and any underlying and surrounding contaminated soil. The si…

The standards of this chapter apply to facilities that engage in land treatment of solid waste. These standards do not apply to the following: 1. Facilities utilizing municipal and domestic sludge; 2. Agricultural waste, including animal manure and agricultural residues, resultin…

1. Owners or operators of land treatment facilities shall meet the location standards of section 33.1-20-04.1-01. 2. Owners or operators of land treatment facilities shall meet the minimum standards for performance of chapter 33.1-20-13, the general facility requirements of secti…

The requirements of this chapter apply to the treatment and disposal of solid wastes which meet the criteria of subsections 1 and 3 of section 33.1-20-01.1-11. History: Effective January 1, 2019. General Authority: NDCC 23.1-08-03; S.L. 2017, ch. 199, § 1 Law Implemented: NDCC 23…

The owner or operator must propose treatment of municipal solid waste incinerator ash for department approval. 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

In addition to the requirements of section 33.1-20-01.1-08 and chapter 33.1-20-04.1, the owner or operator of a landfill shall comply with the performance and design criteria as follows: 1. Any new or lateral expansion of a landfill must be designed with a hydraulic barrier and l…

1. The owner or operator must place intermittent cover on all exposed solid waste according to the approved operation plan. a. Unless specified otherwise in the operation plan, the solid waste must not be left uncovered for more than forty-eight hours. Cover must be provided by a…

The owner or operator shall provide the funds necessary to employ an inspector for conducting onsite inspection services at the facility. The owner or operator shall provide funds by July thirty-first of each year for salary, wages, and operating expenses associated with employin…

Disposal of radioactive waste subject to regulation under chapter 33.1-10-23, meeting the definition of TENORM, into special waste or industrial waste landfills shall comply with the following requirements and limitations: 1. TENORM waste up to, but not exceeding 50.0 picocuries …

Disposal of TENORM waste subject to regulation under article 33.1-10 is prohibited in all municipal solid waste landfills and inert landfills. Disposal of radioactive waste subject to regulation under article 33.1-10, which does not meet the definition of TENORM, or TENORM waste …

Approval for acceptance of TENORM waste by a landfill not previously authorized to accept such waste in its permit shall follow procedures in section 33.1-20-02.1-07. The facility is also subject to applicable approval and licensure requirements of chapter 33.1-10-23. History: Ef…

The leachate collection system and ground water monitoring network shall be analyzed for background concentration of radionuclide parameters prior to receipt of any TENORM waste. Leachate shall be analyzed for radionuclides at the same frequency as ground water samples are collec…

Landfills approved for the disposal of TENORM waste shall file with the department a quarterly summary report stating the date, type, and total quantity by weight in tons, generator, and final disposal facility of each TENORM transferred. Each report shall be filed within thirty …

Landfills approved for the disposal of TENORM waste shall implement a worker training program and safety program to meet the requirements of section 33.1-10-23-27, so that protection of workers complies with radiation protection standards of chapters 33.1-10-04.2 and 33.1-10-10.1…

The records of notice required by section 33.1-20-02.1-05 shall specify that the landfill is approved to accept TENORM waste. The final record of notice shall indicate the total quantity of TENORM waste disposed in the landfill. History: Effective January 1, 2019; amended effecti…

1. As used in this article, "regulated infectious waste" means an infectious waste which is listed in subdivisions a through g of this subsection. Ash from incineration and residues from disinfection processes are not infectious waste once the incineration or the disinfection has…

Every person who collects, stores, transports, treats, or disposes of regulated infectious waste shall comply with these standards of performance. 1. At the point of origin, regulated infectious waste must be separated from other wastes and placed in distinctive containers which …

1. Regulated infectious waste generators shall keep records of the amount of regulated infectious waste sent offsite for treatment. Records may consist of any of the following: copies of regulated infectious waste manifests, invoices, records received from the regulated infectiou…

The department shall require adequate site characterization to ensure that the waters of the state are not or will not be adversely impacted by the solid waste management facility. At a minimum, the site characterization must address the following: 1. Location and water quality o…

1. An owner or operator of a resource recovery unit, a land treatment unit, a surface impoundment, or a landfill, except an inert waste landfill, must incorporate a ground water monitoring system into the design of the facility. An owner or operator of a CCR unit that is subject …

1. All solid waste management systems, operations, units, and facilities must be designed, constructed, operated, maintained, closed, and maintained after closure so as to be in compliance with North Dakota Century Code chapter 61-28, and water quality standards defined in articl…

1. All monitoring wells must be cased in a manner that maintains the integrity of the monitoring well bore hole. This casing must allow collection of representative ground water samples. 5 Wells must be constructed in such a manner as to prevent contamination of the samples, the …

1. Within ninety days of finding that a parameter has been detected at a statistically significant level exceeding the ground water standards established under sections 33.1-20-13-02 and 33.1-20-13-03, the owner or operator shall initiate an assessment of remedial measures. An ow…

1. The requirements of this chapter apply to all new and expanded solid waste disposal facilities and to existing solid waste disposal facilities that have not been closed by April 9, 1994. These requirements do not apply to inert waste landfills. 2. New or expanded facilities mu…

1. Each owner or operator shall prepare separate written closure and postclosure estimates of the costs of hiring a third party to complete identified activities of the facility closure and postclosure plans. a. The initial cost estimates must be in current dollars, and cost esti…

1. Each owner or operator of an applicable solid waste disposal facility shall establish one or more financial assurance mechanisms which together total an amount equal to the closure cost estimate or postclosure cost estimate prepared in accordance with section 33.1-20-14-02. 2.…

1. The closure plan and postclosure plan required by this article must specify the financial assurance mechanisms required by this chapter and, if a trust fund, surety bond, or insurance, the methods and schedules for funding the mechanisms. 2. During the active life of the facil…

1. The department may require an owner or operator to undertake remedial measures, including corrective action, under the provisions of subsection 10 of North Dakota Century Code section 23.1-08-03 and chapter 61-28 when a release occurs. 2. An owner or operator required to under…