Current through Supplement No. 394, October, 2024
The department may approve applications for solid waste pilot
projects that meet the requirements of this section.
1. An applicant shall submit a request for a
solid waste pilot project in writing to the department and receive written
approval from the department before commencement of any pilot project
activities. A pilot project must not exceed two years in length. Persons
applying for approval of a pilot project are subject to all local zoning
requirements. The department shall maintain a list of all approved solid waste
pilot projects and their status on the department's website.
2. Request for pilot project. A pilot project
request must include, at a minimum, the following information:
a. General data.
(1) Names, addresses, and telephone numbers
of the owner and/or operator;
(2)
Legal description, physical address, and mailing address of the proposed
site;
(3) Signage to ensure
adequate traffic control and a telephone number to contact in case of an
emergency;
(4) A provision that the
site must be attended or secured during business hours to control public
access, prevent unauthorized vehicles, and illegal dumping of wastes;
and
(5) A site map drawn to a
common, recognized engineering scale illustrating all proposed roads, fencing,
existing and proposed structures, adjacent properties, storm water control and
containment features, and processing and storage areas.
b. Project overview.
(1) Objectives of the proposed pilot
project;
(2) How the pilot project
will integrate with an existing or proposed facility;
(3) The methodology and protocol to be used
for beneficial use or treatment;
(4) What data will be gathered and what level
of results will determine whether the pilot project is successful;
(5) Any analysis to be performed;
and
(6) Pilot project time frame. A
pilot project may not exceed two years in length from department
approval.
c. Operations
data.
(1) A description of all feedstock
types;
(2) A description of any
bulking materials;
(3) A
description of any liquid wastes;
(4) A description of proposed use for
finished materials and disposition of unfinished materials;
(5) Anticipated volume of all solid and
liquid materials to be received and produced during the duration of the pilot
project;
(6) A detailed description
of the beneficial use or treatment operations;
(7) Access control;
(8) Odor management plan;
(9) Fire protection plan that is in
accordance with the local fire codes and requirements;
(10) A description of storm water run-on,
runoff, and containment features supported by calculations demonstrating that
these features are able to control, at a minimum, a twenty-five-year
twenty-four-hour rain event, if precipitation contacts any soluble waste
materials;
(11) Recordkeeping for
all operational activities;
(12) A
description of the work area; and
(13) A contingency plan addressing actions
required in the event unacceptable materials are discovered, contamination or
discharge of waters from the site occurs, or nuisance conditions occur onsite
or offsite.
d.
Environmental issues. If the pilot project operations are not conducted indoors
or in an area sheltered from the weather, an evaluation of the potential for
impacts to ground water and surface water must be provided.
e. Closure plan. A closure plan must be
provided describing the actions necessary to adequately close the facility.
Closure activities must be completed within thirty days after pilot project
completion or termination.
3. Financial assurance. The department may
include a requirement for financial assurance to remove materials remaining
after closure or for emergency response site cleanup, based on the volume,
physical or chemical characteristics, or treatment methods of the materials
covered under the pilot project approval.
4. Interim report. For pilot projects that
are approved for longer than one year, an interim report must be submitted to
the department within thirty days after the first year of the pilot project
approval. The interim report must include, at a minimum, the following
information:
a. A summary of each objective
and whether the objective has been achieved;
b. Identification of anticipated and
unanticipated results;
c.
Identification of any environmental impacts resulting from the pilot
project;
d. Successes and failures;
and
e. Data from test results of
treated or processed material.
5. Project closeout report. A project
closeout report must be submitted to the department within ninety days after
pilot project completion or termination. The closeout report must include, at a
minimum, the following information:
a. A
summary of each objective and whether the objective was achieved;
b. Identification of anticipated and
unanticipated results;
c.
Identification of any environmental impacts resulting from the pilot
project;
d. Successes and
failures;
e. Data from test results
of treated or processed material; and
f. A description of the closure of pilot
project facility.
6.
Conversion to permanent facility. To continue operation of a pilot project as a
permanent approved solid waste management facility, the owner or operator shall
apply for an individual permit or general permit within ninety days of pilot
project completion in accordance with chapter 33.1-20-03.1.
