North Dakota Administrative Code

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 Section 33.1-24-05-01 Purpose, Scope, and Applicability 33.1-24-05-02 Identification Number…

Sections 33.1-24-05-118 through 33.1-24-05-129 apply to owners and operators of facilities that use surface impoundments to treat, store, or dispose of hazardous waste, except as section 33.1-24-05-01 provides otherwise. History: Effective January 1, 2019. General Authority: NDCC…

1. Any surface impoundment that is not covered by subsection 3 must have a liner for all portions of the impoundment (except for existing portions of such impoundments). The liner 166 must be designed, constructed, and installed to prevent any migration of wastes out of the impou…

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 Section 33.1-24-05-01 Purpose, Scope, and Applicability 33.1-24-05-02 Identification Number…

1. During construction and installation, liners (except in the case of existing portions of surface impoundments exempt from subsection 1 of section 33.1-24-05-119) and cover systems (for example, membranes, sheets, or coatings) must be inspected for uniformity, damage, and imper…

1. A surface impoundment must be removed from service in accordance with subsection 2 when: a. The level of liquids in the impoundment suddenly drops and the drop is not known to be caused by changes in the flows into or out of the impoundment; or b. The dike leaks. 2. When a sur…

subsection 1 of section 33.1-24-05-122, the liner must be constructed of materials that can prevent wastes from migrating into the liner during the active life of the facility. The liner must be: a. Constructed of materials that have appropriate chemical properties and sufficient…

Ignitable or reactive waste may not be placed in a surface impoundment, unless the waste and impoundment satisfy all applicable requirements of sections 33.1-24-05-250 through 33.1-24-05-299; and: 1. The waste is treated, rendered, or mixed before or immediately after placement i…

Incompatible wastes, or incompatible wastes and materials (see appendix III for examples of incompatible wastes and materials), may not be placed in the same surface impoundment, unless the owner or operator complies with subsection 2 of section 33.1-24-05-08. History: Effective …

1. The department shall approve an action leakage rate for surface impoundment units subject to subsection 3 or 4 of section 33.1-24-05-119. The action leakage rate is the maximum design flow rate that the leak detection system can remove without the fluid head on the bottom line…

The owner or operator shall manage all hazardous waste placed in a surface impoundment in accordance with the requirements of sections 33.1-24-05-420 through 33.1-24-05-474. History: Effective January 1, 2019. General Authority: NDCC 23.1-04-03; S.L. 2017, ch. 199, § 1 Law Implem…

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 Section 33.1-24-05-01 Purpose, Scope, and Applicability 33.1-24-05-02 Identification Number…

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 Section 33.1-24-05-01 Purpose, Scope, and Applicability 33.1-24-05-02 Identification Number…

1. Sections 33.1-24-05-130 through 33.1-24-05-143 apply to owners or operators of facilities that store or treat hazardous waste in piles, except as section 33.1-24-05-01 provides otherwise. 2. Sections 33.1-24-05-130 through 33.1-24-05-143 do not apply to owners and operators of…

1. During construction or installation, liners (except in the case of existing portions of piles exempt from subsection 1 of section 33.1-24-05-131) and cover systems (for example, membranes, sheets, or coatings) must be inspected for uniformity, damage, and imperfections, for ex…

Ignitable or reactive waste may not be placed in a waste pile unless the waste or waste pile satisfies all applicable requirements of sections 33.1-24-05-250 through 33.1-24-05-299. 1. The waste is treated, rendered, or mixed before or immediately after placement in the pile so t…

1. Incompatible wastes, or incompatible wastes and materials, may not be placed in the same pile unless subsection 2 of section 33.1-24-05-08 is complied with. 2. A pile of hazardous waste that is incompatible with any waste or other material stored nearby in containers, other pi…

1. At closure, the owner or operator must remove or decontaminate all waste residue, contaminated containment system components (liners, etc.), contaminated subsoils, and structures and equipment contaminated with waste and leachate, and manage them as hazardous waste unless subs…

and F027. 1. Hazardous wastes F020, F021, F022, F023, F026, and F027 must not be placed in waste piles that are not enclosed (as defined in subsection 3 of section 33.1-24-05-130) unless the owner or operator operates the waste pile in accordance with a management plan for these …

1. The department shall approve an action leakage rate for waste pile units subject to subsection 2 or 3 of section 33.1-24-05-131. The action leakage rate is the maximum design flow rate that the leak detection system can remove without the fluid head on the bottom liner exceedi…

1. The owner or operator of waste pile units subject to subsection 2 or 3 of section 33.1-24-05-131 must have an approved response action plan before receipt of waste. The response action plan must set forth the actions to be taken if the action leakage rate has been exceeded. At…

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 Section 33.1-24-05-01 Purpose, Scope, and Applicability 33.1-24-05-02 Identification Number…

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 Section 33.1-24-05-01 Purpose, Scope, and Applicability 33.1-24-05-02 Identification Number…

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 Section 33.1-24-05-01 Purpose, Scope, and Applicability 33.1-24-05-02 Identification Number…

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 Section 33.1-24-05-01 Purpose, Scope, and Applicability 33.1-24-05-02 Identification Number…

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 Section 33.1-24-05-01 Purpose, Scope, and Applicability 33.1-24-05-02 Identification Number…

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 Section 33.1-24-05-01 Purpose, Scope, and Applicability 33.1-24-05-02 Identification Number…

1. Sections 33.1-24-05-144 through 33.1-24-05-159 apply to owners or operators of hazardous waste incinerators, except as section 33.1-24-05-01 provides otherwise. 2. Integration of the maximum achievable control technology standards. a. Except as provided by subdivisions b throu…

1. As a portion of the trial burn plan or with the permit application, the owner or operator shall have included an analysis of the waste feed sufficient to provide all information required by subdivision b of subsection 2 of section 33.1-24-06-19 or subdivision w of subsection 2…

1. Principal organic hazardous constituents in the waste feed must be treated to the extent required by the performance standard specified in section 33.1-24-05-147. 2. Designation of principal organic hazardous constituents. a. For each waste feed to be burned, one or more princ…

An incinerator burning hazardous waste must be designed, constructed, and maintained so that when operated in accordance with operating requirements specified under section 33.1-24-05-149 it will meet the following performance standards: 185 1. a. Except as provided in subdivisio…

1. The owner or operator of a hazardous waste incinerator may burn only waste specified in the permit and only under operating conditions specified for those wastes under section 33.1-24-05-149, except: a. In approved trial burns under subsection 2 of section 33.1-24-06-19; or b.…

1. An incinerator must be operated in accordance with operating requirements specified in the permit. These will be specified on a case-by-case basis as those demonstrated (in a trial burn or in alternative data as specified in subsection 2 of section 33.1-24-05-148 and included …

Facilities must be designed, constructed, maintained, and operated to minimize the possibility of a fire, explosion, or any unplanned sudden or nonsudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water which could threaten human health or…

1. The owner or operator shall conduct, at a minimum, the following monitoring while incinerating hazardous waste: a. Combustion temperature, waste feed rate, and the indicator of combustion gas velocity specified in the permit must be monitored on a continuous basis; b. Carbon m…

At closure the owner or operator shall remove all hazardous waste and hazardous waste residues (including ash, scrubber waters, and scrubber sludges) from the incinerator site. History: Effective January 1, 2019. General Authority: NDCC 23.1-04-03; S.L. 2017, ch. 199, § 1 Law Imp…

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 Section 33.1-24-05-01 Purpose, Scope, and Applicability 33.1-24-05-02 Identification Number…

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 Section 33.1-24-05-01 Purpose, Scope, and Applicability 33.1-24-05-02 Identification Number…

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 Section 33.1-24-05-01 Purpose, Scope, and Applicability 33.1-24-05-02 Identification Number…

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 Section 33.1-24-05-01 Purpose, Scope, and Applicability 33.1-24-05-02 Identification Number…

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 Section 33.1-24-05-01 Purpose, Scope, and Applicability 33.1-24-05-02 Identification Number…

189

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 Section 33.1-24-05-01 Purpose, Scope, and Applicability 33.1-24-05-02 Identification Number…

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 Section 33.1-24-05-01 Purpose, Scope, and Applicability 33.1-24-05-02 Identification Number…

All facilities must be equipped with the following, unless it can be demonstrated to the department that none of the hazards posed by waste handled at the facility could require a particular kind of equipment specified below: 38 1. An internal communications or alarm system capab…

Sections 33.1-24-05-160 through 33.1-24-05-175 apply to owners and operators of facilities that treat or dispose of hazardous waste in land treatment units, except as section 33.1-24-05-01 provides otherwise. History: Effective January 1, 2019. General Authority: NDCC 23.1-04-03;…

1. For each waste that will be applied to the treatment zone, the owner or operator shall demonstrate prior to application of the waste that hazardous constituents in the waste can be completely degraded, transformed, or immobilized in the treatment zone. 2. In making this demons…