North Dakota Administrative Code
Title 33.1 - Department of Environmental Quality
Article 33.1-20 - Solid Waste Management and Land Protection
Chapter 33.1-20-08.1 - Surface Impoundment Provisions
Section 33.1-20-08.1-01 - Performance and design criteria
Universal Citation: ND Admin Code ยง 33.1-20-08.1-01
Current through Supplement No. 394, October, 2024
In addition to the requirements of section 33.1-20-04.1-09, the owner or operator of a surface impoundment shall comply with the following:
1. Applicability.
a. The design, construction, and operating
standards of this section are applicable to surface impoundments that store or
treat solid waste, sludges containing free liquids, free liquids containing
high concentrations of dissolved solids, or liquids derived from processing or
handling solid waste.
b. The
standards of this section are not applicable to the following units:
(1) Surface impoundments which treat
wastewater, the discharge of which is subject to federal, state, or local water
pollution discharge permits;
(2)
Surface impoundments which handle agricultural waste generated by farming
operations;
(3) Lime sludge
settling basins;
(4) Basins used to
collect and store storm water runoff;
(5) Oil and gas exploration and production
waste regulated under North Dakota Century Code section 38-08-04; and
(6) CCR surface impoundments subject to
chapter 33.1-20-08.
2. The owner or operator must design, construct, and operate each surface impoundment so as to:
a. Comply with the surface water and ground
water protection standards of chapter 33.1-20-13;
b. New units must have a compacted soil liner
of a minimum four feet [1.22 meters] of 1 x 10-7
centimeters per second or lesser hydraulic conductivity or any combination of
soil liner thickness, underlying soil thickness and hydraulic conductivity, or
a flexible membrane liner which would control the migration of waste or waste
constituents during the active life of the surface impoundment and, for surface
impoundments closed with solid waste in place, during the postclosure
period;
c. Have dikes designed to
maintain their structural integrity under conditions of a leaking liner and
capable of withstanding erosion; and
d. Have the freeboard equal to or greater
than two feet [61.0 centimeters] to avoid overtopping from wave action or
precipitation.
3. Monitoring and inspection.
a. While a surface
impoundment is in operation, it must be inspected by the owner or operator
monthly and after storms to detect evidence of any of the following:
(1) Deterioration, malfunctions, or improper
operation of control systems;
(2)
Sudden drops in the level of the impoundment's contents; and
(3) Severe erosion, seepage, or other signs
of deterioration in dikes or other containment devices.
b. Prior to placing a surface impoundment
into operation or prior to renewed operation after six months or more during
which the impoundment was not in service, a qualified professional engineer
must certify that the impoundment's dike and liner have structural
integrity.
4. Emergency repairs and contingency plans.
a. When a
malfunction occurs in the waste containment system which can cause a release to
land or water, a surface impoundment must be removed from service and the owner
or operator must take the following actions:
(1) Immediately shut down the flow of
additional waste into the impoundment;
(2) Immediately stop the leak and contain the
waste which has been released;
(3)
Take steps to prevent catastrophic failure;
(4) If a leak cannot be stopped, empty the
impoundment;
(5) Clean up all
released waste and any contaminated materials; and
(6) Notify the department of the problem
within twenty-four hours after detecting the problem.
b. As part of the contingency plan, the owner
or operator must specify a procedure for complying with the requirements of
subdivision a of this subsection.
c. No surface impoundment that has been
removed from service in accordance with the requirements of this section may be
restored to service unless the portion of the impoundment which was failing is
repaired and the following steps are taken:
(1) If the impoundment was removed from
service as the result of actual or imminent dike failure, the owner or operator
must certify the dike's structural integrity; and
(2) If the impoundment was removed from
service as the result of a sudden drop in the liquid level, the following
actions must be taken:
(a) For any existing
portion of the impoundment without a liner, a liner must be installed;
and
(b) For any portion of the
impoundment that is lined, the liner must be repaired and the owner or operator
must certify that the repaired liner meets the design specification approved in
the permit.
d. A surface impoundment, that has been
removed from service in accordance with the requirements of this subsection and
that is not repaired within six months, must be closed in accordance with the
provisions of sections 33.1-20-04.1-05 and 33.1-20-04.1-09.
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
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