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 - Disposal of Coal Combustion Residuals in Landfills and Surface Impoundments
Section 33.1-20-08-03 - Location standards
Universal Citation: ND Admin Code ยง 33.1-20-08-03
Current through Supplement No. 394, October, 2024
In addition to the general location standards in section 33.1-20-04.1-01, the following must be met:
1. Placement above the uppermost aquifer. New CCR landfills, existing and new CCR surface impoundments, and all lateral expansions of CCR units must be constructed with a base that is a minimum of five feet [1.52 meters] above the upper limit of the uppermost aquifer or demonstrate that there will not be an intermittent, recurring, or sustained hydraulic connection between any portion of the base of the landfill and the uppermost aquifer due to normal fluctuations in ground water elevations, including the seasonal high water table.
a.
For a new CCR landfill or surface impoundment or any lateral expansion of a CCR
unit, the demonstration that the unit meets the minimum requirements for
placement above the uppermost aquifer must be included with the application for
a new permit or permit modification. For an existing CCR surface impoundment,
the demonstration must be included with the application for a permit
modification that meets the requirements of this chapter within twenty-four
months of July 1, 2020, as required by subsection 9 of section
33.1-20-08-02.
b. The demonstration
is considered complete when the demonstration is approved by the department and
placed in the facility's operating record.
c. An owner or operator of an existing CCR
surface impoundment who fails to make the demonstration shall begin closure as
required by subparagraph a of paragraph 1 of subdivision b of subsection 2 of
section 33.1-20-08-07.
d. An owner
or operator of a new CCR landfill, new CCR surface impoundment, or any lateral
expansion of a CCR unit who fails to make the demonstration is prohibited from
placing CCR in the CCR unit.
2. Wetlands.
a. New CCR landfills, existing and new CCR
surface impoundments, and all lateral expansions of CCR units must not be
located in wetlands unless the owner or operator demonstrates no later than the
date specified in subdivision b that the CCR unit meets the following
requirements:
(1) Where applicable under
section 404 of the Clean Water Act or applicable state wetlands laws, a clear
and objective rebuttal of the presumption that an alternative to the CCR unit
is reasonably available that does not involve wetlands.
(2) The construction and operation of the CCR
unit will not cause or contribute to any of the following:
(a) A violation of any applicable state or
federal water quality standard;
(b)
A violation of any applicable toxic effluent standard or prohibition under
section 307 of the Clean Water Act; or
(c) Jeopardize the continued existence of
endangered or threatened species or result in the destruction or adverse
modification of a critical habitat, protected under the Endangered Species Act
of 1973.
(3) The CCR
unit will not cause or contribute to a significant degradation of wetlands by
addressing all of the following factors:
(a)
Erosion, stability, and migration potential of native wetland soils, muds, and
deposits used to support the CCR unit;
(b) Erosion, stability, and migration
potential of dredged and fill materials used to support the CCR unit;
(c) The volume and chemical nature of the
CCR;
(d) Impacts on fish, wildlife,
and other aquatic resources and their habitat from release of CCR;
(e) The potential effects of catastrophic
release of CCR to the wetland and the resulting impacts on the environment;
and
(f) Any additional factors, as
necessary, to demonstrate that ecological resources in the wetland are
sufficiently protected.
(4) To the extent required under section 404
of the Clean Water Act or applicable state wetlands laws, steps have been taken
to attempt to achieve no net loss of wetlands, as defined by acreage and
function, by first avoiding impacts to wetlands to the maximum extent
reasonable as required by paragraphs 1 through 3 of subdivision a of subsection
2 of section 33.1-20-08-08, then minimizing unavoidable impacts to the maximum
extent reasonable, and finally offsetting remaining unavoidable wetland impacts
through all appropriate and reasonable compensatory mitigation actions (e.g.,
restoration of existing degraded wetlands or creation of man-made wetlands);
and
(5) Sufficient information is
available to make a reasoned determination with respect to the demonstrations
listed in paragraphs 1 through 4.
b. The owner or operator of the CCR unit
shall complete the demonstrations required by subdivision a by the date
specified in either paragraph 1 or 2.
(1) For
an existing CCR surface impoundment, the owner or operator shall include the
demonstration with the application for a permit modification that meets the
requirements of this chapter within twenty-four months of July 1, 2020, as
required by subsection 9 of section 33.1-20-08-02.
(2) For a new CCR landfill, new CCR surface
impoundment, or any lateral expansion of a CCR unit, the owner or operator
shall include the demonstration with the application for a new permit or permit
modification.
(3) The demonstration
is considered complete when the demonstration is approved by the department and
placed in the facility's operating record.
(4) An owner or operator of an existing CCR
surface impoundment who fails to make the demonstration showing compliance with
the requirements of subdivision a by the date specified in paragraph 1 is
subject to the closure requirements of paragraph 1 of subdivision b of
subsection 2 of section 33.1- 20-08-07.
(5) For owners or operators of new and
lateral expansions of existing CCR units that fail to demonstrate compliance,
waste is prohibited from being placed into the CCR unit.
3. Fault areas.
a. New CCR landfills, existing and new CCR
surface impoundments, and all lateral expansions of CCR units must not be
located within two hundred feet [60 meters] of the outermost damage zone of a
fault that has had displacement in Holocene time unless the owner or operator
demonstrates by the dates specified in subdivision c that an alternative
setback distance of less than two hundred feet [60 meters] will prevent damage
to the structural integrity of the CCR unit.
b. The owner or operator of the CCR unit must
obtain a certification from a qualified professional engineer or a qualified
environmental professional stating that the demonstration meets the
requirements of subdivision a.
c.
The owner or operator of the CCR unit shall complete the demonstration required
by subdivision a by the date specified in either paragraph 1 or 2.
(1) For an existing CCR surface impoundment,
the owner or operator shall include the demonstration with the application for
a permit modification that meets the requirements of this chapter within
twenty-four months of July 1, 2020, as required by subsection 9 of section
33.1-20-08-02.
(2) For a new CCR
landfill, new CCR surface impoundment, or any lateral expansion of a CCR unit,
the owner or operator shall include the demonstration with the application for
a new permit or permit modification.
(3) The demonstration is considered complete
when the demonstration is approved by the department and placed in the
facility's operating record.
(4) An
owner or operator of an existing surface impoundment who fails to make the
demonstration showing compliance with the requirements of subdivision a by the
date specified in paragraph 1 is subject to the closure requirements of
paragraph 1 of subdivision b of subsection 2 of section
33.1-20-08-07.
(5) For owners or
operators of new and lateral expansions of existing CCR units that fail to
demonstrate compliance, waste is prohibited from being placed into the CCR
unit.
4. Seismic impact zones.
a. New CCR landfills,
existing and new CCR surface impoundments, and all lateral expansions of CCR
units must not be located in seismic impact zones unless the owner or operator
demonstrates by the dates specified in subdivision c that all structural
components, including liners, leachate collection and removal systems, and
surface water control systems, are designed to resist the maximum horizontal
acceleration in lithified earth material for the site.
b. The owner or operator of the CCR unit
shall obtain a certification from a qualified professional engineer or a
qualified environmental professional stating that the demonstration meets the
requirements of subdivision a.
c.
The owner or operator of the CCR unit shall complete the demonstration required
by subdivision a by the date specified in either paragraph 1 or 2.
(1) For an existing CCR surface impoundment,
the owner or operator shall include the demonstration with the application for
a permit modification that meets the requirements of this chapter within
twenty-four months of July 1, 2020, as required by subsection 9 of section
33.1-20-08-02.
(2) For a new CCR
landfill, new CCR surface impoundment, or any lateral expansion of a CCR unit,
the owner or operator shall include the demonstration with the application for
a new permit or permit modification.
(3) The demonstration is considered complete
when the demonstration is approved by the department and placed in the
facility's operating record.
(4) An
owner or operator of an existing surface impoundment who fails to make the
demonstration showing compliance with the requirements of subdivision a of this
subsection by the date specified in paragraph 1 is subject to the closure
requirements of paragraph 1 of subdivision b of subsection 2 of section
33.1-20-08-07.
(5) For owners or
operators of new and lateral expansions of existing CCR units that fail to
demonstrate compliance, waste is prohibited from being placed into the CCR
unit.
5. Unstable areas.
a. An existing or new CCR
landfill, existing or new CCR surface impoundment, or any lateral expansions of
an existing CCR unit must not be located in an unstable area unless the owner
or operator demonstrates that recognized and generally accepted good
engineering practices have been incorporated into the design of the CCR unit to
ensure that the integrity of the structural components of the CCR unit will not
be disrupted.
b. The owner or
operator shall consider all of the following factors, at a minimum, when
determining whether an area is unstable:
(1)
Onsite or local soil conditions that may result in significant differential
settling;
(2) Onsite or local
geologic or geomorphologic features; and
(3) Onsite or local human-made features or
events (both surface and subsurface)
c. The owner or operator of the CCR unit
shall obtain a certification from a qualified professional engineer or a
qualified environmental professional stating that the demonstration meets the
requirements of subdivision a.
d.
The owner or operator of the CCR unit shall complete the demonstration required
by subdivision a by the date specified in either paragraph 1 or 2.
(1) For an existing CCR landfill or surface
impoundment, the demonstration must be included with the application for a
permit modification that meets the requirements of this chapter within
twenty-four months of July 1, 2020, as required by subsection 9 of section
33.1-20-08-02.
(2) For a new CCR
landfill or surface impoundment or any lateral expansion of a CCR landfill or
surface impoundment, the demonstration must be included with the application
for a new permit or permit modification.
(3) The demonstration is considered complete
when the demonstration is approved by the department and placed in the
facility's operating record.
(4)
For owners or operators of an existing CCR surface impoundment or CCR landfill
that fails to demonstrate compliance by the date required in paragraph 1, the
CCR landfill is subject to the requirements in paragraph 1 of subdivision b of
subsection 2 of section 33.1-20-08-07 or paragraph 1 of subdivision d of
subsection 2 of section 33.1-20-08-07, respectively.
(5) For owners or operators of new CCR units
and lateral expansions of existing CCR units that fail to demonstrate
compliance, waste is prohibited from being placed into the CCR
landfill.
General Authority: NDCC 23.1-08-03
Law Implemented: NDCC 23.1-08-03, 23.1-08-04
Disclaimer: These regulations may not be the most recent version. North Dakota may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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