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 33.1-20-04.1-05 - General closure standards

Universal Citation: ND Admin Code ยง 33.1-20-04.1-05

Current through Supplement No. 394, October, 2024

The requirements of this section apply to all solid waste management facilities, unless otherwise specified.

1. Each owner or operator shall close their facility in a manner that:

a. Minimizes the need for further maintenance; and

b. Controls, minimizes, or eliminates any escape of solid waste constituents, leachate, fugitive emissions, contaminated runoff, or waste decomposition products.

2. Sequential partial closure must be implemented to minimize the working face of a landfill.

3. Closure must be implemented within thirty days after receipt of the final volume of waste and must be completed within one hundred eighty days following the beginning of closure activities, unless otherwise specified and approved under subsection 5. Prior to beginning closure, the owner or operator shall notify the department in writing of the intent to close.

4. The owner or operator of a landfill for which closure is completed in part or whole shall enter into the operating record and submit to the department:

a. As-built drawings showing the topography, pertinent design features, extent of waste, and other appropriate information; and

b. Certification by the owner or operator and a qualified professional engineer that closure has been completed in accordance with the approved closure plan and this article. Closure of a publicly owned inert landfill that receives, on average, less than forty tons [36.3 metric tons] per day does not require certification by a qualified professional engineer unless the total cost of closure is greater than two hundred thousand dollars.

5. Each owner or operator shall prepare and implement a written closure plan approved by the department as part of the permitting process. The closure plan must:

a. Estimate the largest area ever requiring final cover at any time during the active life of the site;

b. Estimate the maximum inventory of solid waste onsite over the active life of the facility;

c. For landfills, describe the final cover and the methods to install the cover;

d. Project time intervals at which sequential partial closure or closure is to be implemented;

e. Describe the resources and equipment necessary for closure; and

f. Identify closure costs estimates and provide financial assurance mechanisms as required by chapter 33.1-20-14.

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

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