Current through Supplement No. 395, January, 2025
This section is applicable to solid waste stored or treated
in piles, composting, sludge piles, scrap tire piles, garbage which is in place
for more than three days, putrescible waste, other than garbage, which is in
place for more than three weeks, and other solid waste which is in place for
more than one month.
1. Vector control
measures must be instituted when necessary to prevent the transmission of
disease and otherwise prevent and reduce hazards created by rats, snakes,
insects, birds, cats, dogs, skunks, and other animals or vermin.
2. An owner and operator of a waste pile,
except composting of grass and leaves, shall:
a. Comply with the general facility standards
of section 33.1-20-04.1-02; and
b.
Maintain the site including the removal of all solid waste, as necessary, and
at closure to a permitted facility, or otherwise manage the waste that is in
keeping with the purpose of this article.
3. Requirements for waste piles likely to
produce a leachate are:
a. Waste piles must be
underlain by concrete, asphalt, clay, or an artificial liner. The liner must be
of sufficient thickness and strength to withstand stresses imposed by waste
handling equipment and the pile;
b.
Runoff and run-on control systems must be designed, installed, and maintained
to handle a twenty-five-year, twenty-four-hour storm event;
c. Based on site and waste characteristics
and the proposed operation, the department may require that waste piles have
the following:
(1) A ground water monitoring
system that complies with chapter 33.1-20-13;
(2) A leachate collection and treatment
system; and
(3) Financial
assurance; and
d. The
department may require that the entire base or liner be inspected for wear and
integrity and repaired or replaced by removing storage waste or otherwise
providing inspection access to the base or liner.
4. An owner or operator of a tire pile shall:
a. Control access to the tire pile by
fencing;
b. Limit piles of scrap
tires to a maximum basal area of ten thousand square feet [929 square meters]
in size, which, along with the fire lane, must be underlain by concrete,
asphalt, clay overlain with gravel, or other appropriate material of sufficient
thickness, strength, and low permeability to withstand stresses imposed by
waste handling equipment, fire control equipment, and to minimize liquid
infiltration in case of a fire;
c.
Limit the height of the tire pile to twenty feet [6.1 meters];
d. Provide for a fifty-foot [15.24-meter]
fire lane around the tire pile;
e.
Provide site access by fire control equipment;
f. Provide run-on and runoff control systems
adequate to control surface water from a twenty-five-year, twenty-four-hour
precipitation event; and
g. Provide
financial assurance adequate to remove stockpiled waste and to remediate
environmental contingencies.
5. An owner or operator of a composting
facility for grass and leaves shall:
a. Direct
surface water or storm water from composting and waste storage areas;
b. Control surface water drainage to prevent
leachate runoff;
c. Store solid
waste separated from compostable material in a manner that controls vectors and
aesthetic degradation, and remove this solid waste from the site to an
appropriate facility at least weekly;
d. Turn the yard waste periodically to aerate
the waste, maintain temperatures, and control odors; and
e. Prevent the occurrence of sharp objects
greater than one inch [2.54 centimeters] in size in finished compost offered
for use.
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