North Dakota Administrative Code

The owner or operator must review, and immediately amend the contingency plan, if necessary, whenever: 1. The facility permit is revised; 2. The plan fails in an emergency; 3. The facility changes in its design, construction, operation, maintenance, or other circumstances in a wa…

At least one employee must be either on the facility premises or on call at all times, for example, available to respond to an emergency by reaching the facility within a short period of time, who has the responsibility for coordinating all emergency response measures. This emerg…

1. Whenever there is an imminent or actual emergency situation, the emergency coordinator, or the coordinator's designee when the emergency coordinator is on call, must immediately: a. Activate internal facility alarm or communication systems, where applicable, to notify all faci…

1. Immediately after an emergency, the emergency coordinator must provide for treating, storing, or disposing of recovered waste, contaminated soil or surface water, or any other material that results from a release, fire, or explosion at the facility. 2. The emergency coordinato…

1. The owner or operator must notify the department and other appropriate state and local authorities, that the facility is in compliance with subsection 2 of section 33.1-24-05-997 before operations are resumed in the affected areas of the facility. 2. The owner or operator must…

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…

through 33.1-24-05-299. (5) Will be reclaimed Do not store these Are exempt from Are subject to chapter 215 other than through batteries before you chapters 33.1-24-03 33.1-24-02 and regeneration. reclaim them. (except for section section 33.1-24-03-02), 33.1-24-03-02, and 33.1-2…

before the initial receipt of hazardous wastes. 9. If wastes generated offsite are managed, the waste analysis plan. 10. If waste generated from offsite are managed, documentation showing that the waste generator and the offsite facility are under the same ownership. History: Eff…

section 33.1-24-05-125: (a) The volume, physical, and chemical characteristics of the wastes, including their potential to migrate through soil or to volatilize or escape into the atmosphere. (b) The attenuative properties of underlying and surrounding soils or other materials. (…

those sections. (a) The liner system (except for an existing portion of a surface impoundment). If an exemption from the requirement for a liner system is sought as provided by subsection 2 of section 33.1-24-05-119, submit detailed plans and engineering and hydrogeologic reports…

as provided by subsection 2 of section 33.1-24-05-131, submit detailed plans, and engineering and hydrogeological reports, as appropriate, describing alternate designs and operating practices that will, in conjunction with location aspects, prevent the migration of any hazardous …

demonstration and updated following the treatment demonstration. The land treatment program must address the following items: (a) The wastes to be land treated. (b) Design measures and operating practices necessary to maximize treatment in accordance with subsection 1 of section …

section 33.1-24-05-170: (a) The volume, physical, and chemical characteristics of the wastes, including their potential to migrate through soil or to volatilize or escape into the atmosphere. (b) The attenuative properties of underlying and surrounding soils or other materials. 4…

submitted under subdivision e. (5) Detailed plans and an engineering report describing the final cover which will be applied to each landfill or landfill cell at closure in accordance with subsection 1 of section 33.1-24-05-180 and a description of how each landfill will be maint…

the environmental performance standards of section 33.1-24-05-301 and the department agrees with such demonstration, preliminary hydrologic, geologic, and meteorologic assessments will suffice. (3) Information on the potential pathways of exposure of humans or environmental recep…

application no later than ninety days before the scheduled change along with a written agreement containing a specific date for transfer of remedial action plan responsibility between the owner or operator and the new owner or operator. 85 b. When a transfer of ownership or opera…

requirements in sections 33.1-24-05-98 and 33.1-24-05-121. h. A description of procedures, structures, or equipment used at the facility to: (1) Prevent hazards in unloading operations, for example, ramps and special forklifts; (2) Prevent runoff from hazardous waste handling are…

submitted under subdivision e; (o) A certification signed by a qualified, professional engineer, stating that the drip pad design meets the requirements of subsections 1 through 6 of section 33.1-24-05-504; and 51 (p) A description of how hazardous waste residues and contaminated…

subdivision c, to be submitted with part B of the permit application. (3) Posttrial burn period. (a) For the period immediately following completion of the trial burn, and only for the minimum period sufficient to allow sample analysis, data computation, and submission of the tri…

the operating requirements provided by subsection 5 of section 33.1-24-05-527. (c) The department will review this statement and any other relevant information submitted with part B of the permit application and specify requirements for this period sufficient to meet the performa…

establish a corrective action program if the owner or operator demonstrates to the department that alternate concentration limits will protect human health and the environment after considering the criteria listed in subsection 2 of section 33.1-24-05-51. An owner or operator who…

protection of human health and the environment. Such permits: a. Must provide for the construction of such facilities as necessary, and for operation of a facility for not longer than one year unless renewed as provided in subsection 4; b. Must provide for the receipt and treatme…

(a) Basic design parameters, dimensions, and materials of construction. (b) How the design promotes drainage or how containers are kept from contact with standing liquids in the containment system. (c) Capacity of the containment system relative to the number and volume of contai…

1. Permit application. Any person who is required to have a permit (including new applicants and permittees with expiring permits) shall complete, sign, and submit an application to the department as described in this section and section 33.1-24-06-17. Persons currently authorize…

1. The conditions of an expired permit (including expired permits issued by the environmental protection agency) continue in force until the effective date of a new permit if: a. The permittee has submitted a timely application which is a complete application for a new permit; an…

1. Applications. All hazardous waste permit applications must be signed as follows: a. For a corporation: by a responsible corporate officer. For the purpose of this section a responsible corporate officer means: (1) A president, secretary, treasurer, or vice president of the cor…

The following conditions apply to all hazardous waste permits. All conditions applicable to permits must be incorporated into the permits either expressly or by reference. If incorporated by reference, a specific citation to this article must be given in the permit. 1. Duty to co…

1. In addition to conditions required in all permits (section 33.1-24-06-04), the department shall establish conditions in permits, as required on a case-by-case basis, under section 33.1-24-06-06 (duration of permits), subsection 1 of section 33.1-24-06-07 (schedules of complian…

1. Hazardous waste permits are effective for a fixed term of five years. Every five years permits must be modified as necessary to assure that the facility continues to comply with the currently applicable requirements of North Dakota Century Code sections 23.1-04-05 and 23.1-04-…

1. The permit may, when appropriate, specify a schedule of compliance leading to compliance with North Dakota Century Code chapter 23.1-04 and its regulations. a. Time for compliance. Any schedules of compliance under this section must require compliance as soon as possible. b. I…

All permits shall specify: 1. Requirements concerning the proper use, maintenance, and installation, when appropriate, of monitoring equipment or methods (including biological monitoring methods when appropriate); 17 2. Required monitoring including type, intervals, and frequency…

Permits must be issued in a manner and must contain conditions consistent with requirements of other applicable laws of this state and the federal government. History: Effective January 1, 2019. General Authority: NDCC 23.1-04-03; S.L. 2017, ch. 199, § 1 Law Implemented: NDCC 23.…

1. Compliance with a hazardous waste permit. a. Compliance with a hazardous waste permit during its term constitutes compliance, for purposes of enforcement, with North Dakota Century Code chapter 23.1-04 except for those requirements not included in the permit which: (1) Become …

boilers, liquid fuel boilers, and hydrochloric acid production furnaces to minimize emissions from startup, shutdown, and malfunction events. 1. Facilities with existing permits. a. Revisions to permit conditions after documenting compliance with maximum achievable control techno…

1. A permit may be transferred by the permittee to a new owner or operator only if the permit has been modified or revoked and reissued (under subsection 2 or subdivision b of subsection 2 of section 33.1-24-06-12) to identify the new permittee and incorporate such other requirem…

When the department receives any information (for example, inspects the facility, receives information submitted by the permittee as required in the permit (see section 33.1-24-06-04), receives a request for revocation and reissuance under section 33.1-24-07-03 or conducts a revi…

1. Termination of permits. a. The following are causes for terminating a permit during its term, or for denying a permit renewal application: (1) Noncompliance by the permittee with any condition of the permit; (2) The permittee's failure in the application or during the permit i…

1. Class 1 modifications. a. Except as provided in subdivision b, the permittee may put into effect class 1 modifications listed in appendix I of this section under the following conditions: (1) The permittee must notify the department concerning the modification by certified mai…

The department shall submit any reports required under this section to the environmental protection agency regional administrator. For purposes of this section only, hazardous waste permittees includes facilities with operating status defined by subsection 5 of section 33.1-24-06…

modification request during the term of the temporary or automatic authorization provided for in paragraph 1, 2, or 3, such action cancels the temporary or automatic authorization. (4) The following applies: (a) In the case of an automatic authorization under paragraph 3, or a te…

1. Part A of the application must include the following information: a. The activities conducted by the applicant which require it to obtain a hazardous waste permit. b. Name, mailing address, and location of the facility for which the application is submitted. c. Up to four stan…

Notwithstanding any other provision of this chapter or chapter 33.1-24-07, the following are deemed to have a hazardous waste permit if the conditions listed are met: 1. Injection wells. The owner or operator of an injection well disposing of hazardous waste, if the owner or oper…

1. Emergency permits. Notwithstanding any other provisions of this chapter or chapter 33.1-24-07, if the department finds an imminent and substantial endangerment to human health or the environment, the department may issue a temporary emergency permit to a nonpermitted facility …

1. The department may issue a research, development, and demonstration permit for any hazardous waste treatment facility which proposes to utilize an innovative and experimental hazardous waste treatment technology or process for which permit standards for such experimental activ…

The department may assess and collect reasonable fees for activities associated with permit applications, and for the issuance, modification, revocation and reissuance, termination, renewal, and transfer of permits. History: Effective January 1, 2019. General Authority: NDCC 23.1…

CHAPTER 33.1-24-06 PERMITS Section 33.1-24-06-01 Application for a Permit 33.1-24-06-02 Continuation of Expiring Permits 33.1-24-06-03 Signatories to Permit Applications and Reports 33.1-24-06-04 Conditions Applicable to Permits 33.1-24-06-05 Establishing Permit Conditions 33.1-2…

CHAPTER 33.1-24-06 PERMITS Section 33.1-24-06-01 Application for a Permit 33.1-24-06-02 Continuation of Expiring Permits 33.1-24-06-03 Signatories to Permit Applications and Reports 33.1-24-06-04 Conditions Applicable to Permits 33.1-24-06-05 Establishing Permit Conditions 33.1-2…