Current through Supplement No. 394, October, 2024
The owner or operator of a solid waste management facility,
except those permitted by rule in accordance with section 33.1-20-02.1-02,
shall comply with these recordkeeping and reporting requirements:
1. A solid waste management facility may not
accept solid waste until the department has received and approved a report
which includes narrative, drawings, and test results to certify that the
facility has been constructed in accordance with the approved plans and
specifications and as required by the permit.
2. An owner or operator shall keep an
operating record consisting of a copy of each application, plan, report,
notice, drawing, inspection log, test result or other document required by this
article, including those enumerated in the subdivisions of this subsection, or
a permit. The operating record must include any deviations from this article,
the permit, and facility plans where department approval is required. The owner
or operator shall provide a copy of any document in the operating record upon
receiving a request from the department. The operating record must be kept at
the facility, or at a location near the facility within North Dakota and
approved by the department.
a. The permit
preapplication, section 33.1-20-03.1-01.
b. The permit application, section 33.1-20-03.1-02.
c. An amended
permit application, section 33.1-20-03.1-03.
d. The site characterization, section 33.1-20-13-01.
e. Any site
demonstrations, section 33.1-20-04.1-01.
f. Documentation of training, section 33.1-20-04.1-02.
g. The plan of
operation, section 33.1-20-04.1-03.
h. Facility inspection logs, section 33.1-20-04.1-03.
i. Records of
notice, section 33.1-20-02.1-05.
j.
As-built drawings and certifications, subsection 1 and section 33.1-20-04.1-05.
k. The ground
water monitoring plan, all monitoring data, and statistical interpretations,
section 33.1-20-13-02.
l. Records
of the weight or volume of waste, section 33.1-20-04.1-09.
m. The closure plan, sections 33.1-20-04.1-05
and 33.1-20-14-02.
n. The
postclosure plan, sections 33.1-20-04.1-09 and 33.1-20-14-02.
o. The financial assurance instruments for
closure and postclosure, chapter 33.1-20-14.
p. Records of gas monitoring and remediation,
section 33.1-20-06.1-02.
q. The
annual report, subsection 3.
r.
Notices of intent to close and completion of postclosure, sections 33.1-20-04.1-05 and 33.1-20-04.1-09 respectively.
s. The permit and any modifications, sections 33.1-20-02.1-04 and 33.1-20-02.1-07.
3. An owner or operator shall prepare and
submit a searchable electronic copy of an annual report to the department by
March first of each year. The annual report must cover facility activities
during the previous calendar year and must include the following information:
a. Name and address of the
facility;
b. Calendar period
covered by the report;
c. Annual
quantity for each category of solid waste in tons or volume;
d. Identification of occurrences and
conditions that prevented compliance with the permit and this article;
and
e. Other items identified in
the facility plans and permit.
4. An owner or operator required to monitor
ground water pursuant to chapter 33.1-20-13 shall prepare and submit a ground
water annual report to the department by April first of each year. The ground
water annual report must cover ground water analysis for the facility during
the previous calendar year and must include the following information:
a. Name and address of the
facility;
b. Calendar period
covered by the report;
c. A map,
aerial image, or diagram showing the solid waste unit and all background (or
upgradient) and downgradient monitoring wells and the well identification
numbers for the wells that are part of the ground water monitoring program for
the solid waste unit;
d.
Identification of any monitoring wells that were installed or decommissioned
during the preceding year, along with a narrative description of why those
actions were taken;
e. All
monitoring data obtained and a summary including the number of ground water
samples that were collected for analysis for each background (or upgradient)
and downgradient well, the dates the samples were collected, and whether the
sample was required by the detection monitoring or assessment monitoring
programs;
f. Statistical
interpretations;
g. A narrative
discussion of any transition between monitoring programs (e.g., the date and
circumstances for transitioning from detection monitoring to assessment
monitoring in addition to identifying the constituents detected at a
statistically significant increase over background levels);
h. Identification of occurrences and
conditions that prevented compliance with the permit or this article;
and
i. Other items identified in
the facility plans and permit.
General Authority: NDCC 23.1-08-03; S.L. 2017,
ch. 199, § 1
Law Implemented: NDCC 23.1-08-03, 23.1-08-09;
S.L. 2017, ch. 199, § 23
