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 33.1-20-04.1-09 - General disposal standards

Universal Citation: ND Admin Code ยง 33.1-20-04.1-09

Current through Supplement No. 394, October, 2024

1. In addition to sections 33.1-20-04.1-02, 33.1-20-04.1-03, 33.1-20-04.1-04, and 33.1-20-04.1-05, the standards of this section apply to all landfills, surface impoundments closed with solid waste in place, and land treatment units, unless otherwise indicated.

2. Construction and operation standards for solid waste management facilities regulated by this section:

a. Every solid waste landfill or facility must have and maintain, or have access to, equipment adequate for the excavation, compaction, covering, surface water management, and monitoring procedures required by approval plans and this article.

b. Roads must be constructed and maintained to provide access to the facility. Access roads must be cleaned and decontaminated as necessary.

c. There must be available an adequate supply of suitable cover material, which, if necessary, must be stockpiled and protected for winter operation.

d. The final cover of all disposal facilities must be designed and constructed in a manner that ensures the quality and integrity of the hydraulic barrier and the protective vegetative cover.

e. The working face or open area of a landfill must be limited in size to as small an area as practicable. Sequential partial closure must be implemented as necessary to keep the disposal area as small as practicable and to close filled areas in a timely manner.

f. All disposal facilities must identify, quantify, remove, stockpile, and maintain suitable plant growth material for later use in closure.

g. Any recycling or salvage activity must be authorized by the owner or operator and must be in a separate area in a manner to avoid injury and interference with the landfill operation.

h. Vehicles, farm machinery, metal appliances, mobile homes, trailers, or other similar items brought to the facility for recycling may be stored temporarily in a separate area.

i. Vector control measures, in addition to the application of cover material, must be instituted whenever necessary to prevent the transmission of disease, prevent bird hazards to aircraft, and otherwise prevent and reduce hazards created by rats, flies, snakes, insects, birds, cats, dogs, and skunks.

j. All domestic animals must be excluded from the facility. Feeding of garbage to animals is prohibited.

k. All earthen material must be maintained onsite unless removal from the site is authorized by the department.

3. Construction and operation standards, excluding inert waste landfills.

a. The landfill must be designed and operated to prevent the run-on and runoff of surface waters resulting from a maximum flow of a twenty-five-year, twenty-four-hour storm.

b. Facilities receiving on average over twenty tons [18.2 metric tons] per day of solid waste shall make provisions for measuring all waste delivered to and disposed in the facility. Weight measurements are preferable; volume measurements (cubic yards) are acceptable.

c. Active areas of the landfill must be surveyed periodically to ensure that filling is proceeding in a manner consistent with the landfill design and that closure grades are not exceeded.

d. All run-on or runoff must be properly controlled to avoid its concentration on or in solid waste and to minimize infiltration into the waste material. Disposal must avoid any areas within the facility where run-on or runoff accumulates.

e. Leachate removal systems must be operated and maintained to assure continued function according to the design efficiency. This must include, where applicable:
(1) Flushing, inspection and, if necessary, repair of collection lines after placement of the first layer of waste in a landfill cell;

(2) Annual sampling and analysis of leachate for the parameters required under the ground water quality monitoring required under section 33.1-20-13-02;

(3) At minimum, semiannual monitoring of leachate head or elevations above the liner;

(4) Annual flushing of leachate collection lines to remove dirt and scale; and

(5) Inclusion of leachate removal system operation, inspection, and maintenance procedures in the operating record.

f. No composite liner may be exposed to freezing more than one winter season, excluding composite liners in surface impoundments. At least three feet [0.91 meters] of solid waste or other material approved by the department must be placed above the upper drainage layer on all lined areas by December first. No disposal may take place after December first in areas that have not met this requirement without first testing the composite liner's integrity and receiving approval from the department.

4. Closure standards, excluding land treatment units.

a. Closed solid waste management units may not be used for cultivated crops, heavy grazing, buildings, or any other use which might disturb the protective vegetative and soil cover.

b. All solid waste management units must be closed with a final cover designed to:
(1) Limit the amount of percolation that may enter the waste to meet the efficiency requirements for that type of solid waste management unit;

(2) Minimize precipitation run-on from adjacent areas;

(3) Minimize erosion and optimize drainage of precipitation falling on the landfill. The grade of slopes may not be less than three percent, nor more than fifteen percent, unless the applicant or permittee provides justification to show steeper slopes are stable and will not result in long-term surface soil loss in excess of two tons [1.82 metric tons] per acre per year. In no instance may slopes exceed twenty-five percent, including exterior slope of any swales or drainage structures; and

(4) Provide a surface drainage system which does not adversely affect drainage from adjacent lands.

c. The final cover must include six inches [15.2 centimeters] or more of suitable plant growth material which must be seeded with shallow rooted grass or native vegetation.

d. The department may allow, on a case-by-case basis, the use of closed inert waste landfill sites for certain beneficial uses that would not pose a threat to human health or the environment.

5. Postclosure standards for solid waste management facilities regulated by this section.

a. During the postclosure period, the owner or operator of a landfill or a surface impoundment closed with solid waste in place shall:
(1) Maintain the integrity and effectiveness of the final cover, including making repairs to the cover to correct effects of settlement, subsidence, and other events, and preventing run-on and runoff from eroding or otherwise damaging the final cover;

(2) Maintain and operate the leachate collection system, if applicable;

(3) Monitor the ground water and maintain the ground water monitoring system, if applicable; and

(4) Operate and maintain the gas control system, if applicable.

b. The owner or operator of a municipal waste landfill, an industrial waste landfill, a special waste landfill, a surface impoundment closed with solid waste remaining in place, or a land treatment facility shall prepare and implement a written postclosure plan approved by the department as a part of the permitting process. The postclosure plan must address facility maintenance and monitoring activities for a postclosure period of thirty years.
(1) Postclosure includes appropriate ground water monitoring; surface water monitoring; gas monitoring; and maintenance of the facility, facility structures, and ground water monitoring systems.

(2) The postclosure plan must provide the name, address, and telephone number of the person or office to contact during the postclosure period; and project time intervals at which postclosure activities are to be implemented, identify postclosure cost estimates, and provide financial assurance mechanisms as required by chapter 33.1-20-14.

(3) The department may require an owner or operator to amend the postclosure plan, including an extension of the postclosure period, and implement the changes. If the permittee demonstrates that the facility is stabilized, the department may authorize the owner or operator to discontinue postclosure activities.

c. Following completion of the postclosure period, the owner or operator shall notify the department verifying that postclosure management has been completed in accordance with the postclosure plan.

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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