Current through Supplement No. 395, January, 2025
All solid waste management facilities, except those permitted
by rule, shall meet the requirements of this section.
1. The owner or operator of a solid waste
management unit or facility shall prepare and implement a plan of operation
approved by the department as part of the permit. The plan must describe the
facility's operation to operating personnel and the facility must be operated
in accordance with the plan. The plan of operation must be available for
inspection at the request of the department. Each plan of operation must
include, where applicable:
a. A description
of waste acceptance procedures, including categories of solid waste to be
accepted and waste rejection procedures as required by subsection 2 of section
33.1-20-05.1-02 or subsection 8 of section 33.1-20-06.1-02 or subsection 2 of
section 33.1-20-07.1-01 or subsection 4 of section 33.1-20-10-03;
b. A description of waste handling
procedures;
c. A description of
facility inspection activities required by subsection 2, including
frequency;
d. A description of
contingency actions for the following:
(1)
Fire or explosion;
(2)
Leaks;
(3) Ground water
contamination;
(4) Other releases
(for example, dust, debris, leachate, failure of run-on diversion or runoff
containment systems); and
(5) Any
other issues pertinent to the facility.
e. Leachate removal system operation and
maintenance procedures;
f. Safety
procedures;
g. For landfills,
implementation of sequential partial closure;
h. A description of industrial waste or
special waste management procedures, which include:
(1) A procedure for notifying solid waste
generators and haulers of the facility operating requirements and
restrictions;
(2) A procedure for
evaluating waste characteristics, liquid content, the specific analyses that
may be required for specific wastes, and the criteria used to determine when
analyses are necessary, the frequency of testing, and the analytical methods to
be used;
(3) A procedure for
inspecting and for identifying any special management requirements, and the
rationale for accepting or rejecting a waste based on its volume and
characteristics;
(4) Procedures for
managing the following solid waste, as appropriate:
(a) Bulk chemical containers which contain
free product or residue;
(b)
Asbestos;
(c) Waste containing
polychlorinated biphenyls at a concentration less than fifty parts per
million;
(d) Radioactive
waste;
(e) Rendering and
slaughterhouse waste;
(f) Wastes
that could spontaneously combust or that could ignite other waste because of
high temperatures;
(g) Foundry
waste;
(h) Ash from incinerators,
resource recovery facilities, and power plants;
(i) Paint residues, paint filters, and paint
dust;
(j) Sludges, including ink
sludges, lime sludge, wood sludge, and paper sludge;
(k) Fiberglass, urethane, polyurethane, and
epoxy resin waste;
(l) Spent
activated carbon filters;
(m) Oil
and gas exploration and production waste;
(n) Wastes containing free liquids;
(o) Contaminated soil waste from cleanup of
spilled products or wastes; and
(p)
Any other solid waste that the owner or operator plans to handle.
(5) The owner or operator must
describe any solid waste that will not be accepted at the facility;
and
i. The owner or
operator must amend the plan whenever operating procedures, contingency
actions, waste management procedures, or wastes have changed. The owner or
operator shall submit the amended plan to the department for approval or
disapproval.
2. The
owner or operator shall inspect the facility to ensure compliance with this
article, a permit, and approved plans. The owner or operator shall keep an
inspection log including information such as the date of inspection, the name
of the inspector, a notation of observations made, and the date and nature of
any repairs or corrective action taken.
