North Dakota Administrative Code
Title 33.1 - Department of Environmental Quality
Article 33.1-20 - Solid Waste Management and Land Protection
Chapter 33.1-20-04.1 - General Performance Standards
Section 33.1-20-04.1-01 - General location standards

Universal Citation: ND Admin Code ยง 33.1-20-04.1-01

Current through Supplement No. 394, October, 2024

1. No solid waste management facility may be located in areas which result in impacts to human health or environmental resources or in an area which is unsuitable because of reasons of topography, geology, hydrology, or soils.

2. Sites for new, or for lateral expansions of, land treatment units, surface impoundments closed with solid waste in place, municipal waste landfills, industrial waste landfills, and special waste landfills must minimize, control, or prevent the movement of waste or waste constituents with geologic conditions and engineered improvements. Sites should be underlain by materials with low permeability to provide a barrier to contaminant migration. Sites for CCR units subject to chapter 33.1-20-08 must also comply with the location standards of section 33.1-20-08-03.

a. The following geographic areas or conditions must be excluded in the consideration of a site:
(1) Where the waste is disposed within an aquifer;

(2) Within a public water supply designated wellhead protection area;

(3) Within a one hundred-year floodplain;

(4) Where geologic or manmade features, including underground mines, may result in differential settlement and failure of a structure or other improvement on the facility;

(5) On the edge of or within
(a) Channels;

(b) Ravines;

(c) Areas of steep topography whose slope is unstable due to erosion or mass movement;

(6) Within woody draws; or

(7) In areas designated as critical habitats for endangered or threatened species of plant, fish, or wildlife.

b. The following geographic areas or conditions may not be approved by the department as a site unless the applicant demonstrates there are no reasonable alternatives:
(1) Over or immediately adjacent to principal glacial drift aquifers identified by the state engineer;

(2) Closer than one thousand feet [304.8 meters] to a down gradient drinking water supply well;

(3) Closer than two hundred feet [60.96 meters] horizontally from the ordinary high water elevation of any surface water or wetland;

(4) Within final cuts of surface mines; or

(5) Closer than one thousand feet [304.8 meters] to any state or national park.

c. The department may establish alternative criteria based on specific site conditions.

3. No municipal waste landfill or lateral expansion may be located within ten thousand feet [3,048 meters] of any airport runway currently used by turbojet aircraft or five thousand feet [1,524 meters] of any runway currently used by only piston-type aircraft. Owner or operators proposing a new site or lateral expansions for a municipal waste landfill within a five-mile [8.05-kilometer] radius of an airport must notify the affected airport and the federal aviation administration.

4. A minimum horizontal separation of twenty-five feet [7.62 meters] must be maintained between new or lateral expansions of solid waste management units and any aboveground or underground pipeline or transmission line. The owner shall designate the location of all such lines and easements.

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

Disclaimer: These regulations may not be the most recent version. North Dakota may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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