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 33.1-20-08-08 - Recordkeeping, notification, and posting of information to the internet
Universal Citation: ND Admin Code ยง 33.1-20-08-08
Current through Supplement No. 394, October, 2024
1. Recordkeeping requirements.
a. Each owner or operator of a CCR unit
subject to the requirements of this chapter shall maintain files of all
information required by this section in a written operating record at their
facility.
b. Unless specified
otherwise, each file must be retained for at least five years following the
date of each occurrence, measurement, maintenance, corrective action, report,
record, or study.
c. An owner or
operator of more than one CCR unit subject to the provisions of this chapter
may comply with the requirements of this section in one recordkeeping system
provided the system identifies each file by the name of each CCR unit. The
files may be maintained on microfilm, on a computer, on computer disks, on a
storage system accessible by a computer, on magnetic tape disks, or on
microfiche.
d. The owner or
operator of a CCR unit subject to this chapter shall submit to the department
any demonstration or documentation required by this chapter, if
requested.
e. Location standards.
The owner or operator of a CCR unit subject to this chapter shall place the
demonstrations documenting whether or not the CCR unit is in compliance with
the requirements under subsections 1 through 5 of section 33.1-20-08-03, as
they become available, in the facility's operating record.
f. Design criteria. The owner or operator of
a CCR unit subject to this chapter shall place the following information, as it
becomes available, in the facility's operating record:
(1) The design and construction
certifications as required by subdivisions b and c of subsection 1 of section 33.1-20-08-04.
(2) The
documentation of liner type as required by paragraph 1 of subdivision a of
subsection 2 of section 33.1-20-08-04.
(3) The design and construction
certifications as required by paragraphs 2 and 3 of subdivision b of subsection
2 of section 33.1-20-08-04.
(4)
Documentation prepared by the owner or operator stating that the permanent
identification marker was installed as required by paragraph 1 of subdivision a
of subsection 3 of section 33.1-20-08-04.
(5) The initial and periodic hazard potential
classification assessments as required by paragraph 2 of subdivision a of
subsection 3 of section 33.1-20-08-04.
(6) The emergency action plan, and any
amendment of the emergency action plan, as required by paragraph 3 of
subdivision a of subsection 3 of section 33.1-20-08-04, except that only the
most recent emergency action plan must be maintained in the facility's
operating record and publicly accessible CCR website.
(7) Documentation prepared by the owner or
operator recording the annual face-to-face meeting or exercise between
representatives of the owner or operator of the CCR unit and the local
emergency responders as required by item 5 of subparagraph a of paragraph 3 of
subdivision a of subsection 3 of section 33.1-20-08-04.
(8) Documentation prepared by the owner or
operator recording all activations of the emergency action plan as required by
subparagraph e of paragraph 3 of subdivision a of subsection 3 of section 33.1-20-08-04.
(9) The history of
construction, including design and construction plans, and any revisions of it,
as required by subdivision c of subsection 3 of section 33.1-20-08-04, except
that these files must be maintained until the CCR unit completes closure of the
unit in accordance with subsection 3 of section 33.1-20-08-07.
(10) The initial and periodic structural
stability assessments as required by subdivision d of subsection 3 of section 33.1-20-08-04.
(11) Documentation
detailing the corrective measures taken to remedy the deficiency or release as
required by paragraph 2 of subdivision d of subsection 3 of section 33.1-20-08-04.
(12) The initial and
periodic safety factor assessments as required by paragraph 2 of subdivision e
of subsection 3 of section 33.1-20-08-04.
g. Operating criteria. The owner or operator
of a CCR unit subject to this chapter must place the following information, as
it becomes available, in the facility's operating record:
(1) The CCR fugitive dust control plan, and
any subsequent amendment of the plan, required by subdivision b of subsection 1
of section 33.1-20-08-05, except that only the most recent control plan must be
maintained in the facility's operating record and publicly accessible CCR
website.
(2) The annual CCR
fugitive dust control report required by subdivision c of subsection 1 of
section 33.1-20-08-05.
(3) The
initial and periodic run-on and run-off control system plans as required by
subdivision c of subsection 2 of section 33.1-20-08-05.
(4) The initial and periodic inflow design
flood control system plan as required by subdivision c of subsection 3 of
section 33.1-20-08-05.
(5)
Documentation recording the results of each impoundment inspection and
instrumentation monitoring by a qualified person as required by subdivision a
of subsection 4 of section 33.1-20-08-05.
(6) The periodic impoundment inspection
report as required by paragraph 2 of subdivision b of subsection 4 of section 33.1-20-08-05.
(7) Documentation
detailing the corrective measures taken to remedy the deficiency or release as
required by paragraph 5 of subdivision b of subsection 4 of section 33.1-20-08-05 and by paragraph 5 of subdivision b of subsection 5 of section 33.1-20-08-05.
(8) Documentation
recording the results of the weekly landfill inspection by a qualified person
as required by subdivision a of subsection 5 of section 33.1-20-08-05.
(9) The periodic landfill
inspection report as required by paragraph 2 of subdivision b of subsection 5
of section 33.1-20-08-05.
h. Ground water monitoring and corrective
action. The owner or operator of a CCR unit subject to this chapter shall place
the following information, as it becomes available, in the facility's operating
record:
(1) The annual ground water monitoring
and corrective action report as required by subdivision e of subsection 1 of
section 33.1-20-08-06.
(2)
Documentation of the design, installation, development, and decommissioning of
any monitoring wells; piezometers; and other measurement, sampling, and
analytical devices as required by paragraph 1 of subdivision e of subsection 2
of section 33.1-20-08-06.
(3) The
ground water monitoring system certification as required by subdivision f of
subsection 2 of section 33.1-20-08-06.
(4) The selection of a statistical method
certification as required by paragraph 6 subdivision f of subsection 3 of
section 33.1-20-08-06.
(5) Within
thirty days of establishing an assessment monitoring program, the notification
as required by paragraph 3 subdivision e of subsection 4 of section 33.1-20-08-06.
(6) The results of
appendices I and II to this chapter constituent concentrations as required by
paragraph 1 subdivision d of subsection 5 of section 33.1-20-08-06.
(7) Within thirty days of returning to a
detection monitoring program, the notification as required by subdivision e of
subsection 5 of section 33.1-20-08-06.
(8) Within thirty days of detecting one or
more constituents in appendix II to this chapter at statistically significant
levels above the ground water protection standard, the notifications as
required by subdivision g of subsection 5 of section 33.1-20-08-06.
(9) The completed assessment of corrective
measures as required by subdivision d of subsection 6 of section 33.1-20-08-06.
(10) Documentation
prepared by the owner or operator recording the public meeting for the
corrective measures assessment as required by subdivision e of subsection 6 of
section 33.1-20-08-06.
(11) The
semiannual report describing the progress in selecting and designing the remedy
and the selection of remedy report as required by subdivision a of subsection 7
of section 33.1-20-08-06, except that the selection of remedy report must be
maintained until the remedy has been completed.
(12) Within thirty days of completing the
remedy, the notification as required by subdivision e of subsection 8 of
section 33.1-20-08-06.
i. Closure and postclosure care. The owner or
operator of a CCR unit subject to this chapter shall place the following
information, as it becomes available, in the facility's operating record:
(1) The notification of intent to initiate
closure of the CCR unit as required by paragraph 1 of subdivision b of
subsection 1 of section 33.1-20-08-07 and subdivision g of subsection 3 of
section 33.1-20-08-07.
(2) The
annual progress reports of closure implementation as required by paragraph 2 of
subdivision d of subsection 4 of section 33.1-20-08-07.
(3) The notification of closure completion as
required by subdivision h of subsection 3 of section 33.1-20-08-07.
(4) The written closure plan, and any
amendment of the plan, as required by subdivision b of subsection 3 of section 33.1-20-08-07, except that only the most recent closure plan must be maintained
in the facility's operating record and publicly accessible CCR
website.
(5) The written
demonstrations, including the certification required by paragraph 3 of
subdivision e of subsection 3 of section 33.1-20-08-07, for a time extension
for initiating closure as required by subparagraph c of paragraph 3 of
subdivision e of subsection 3 of section 33.1-20-08-07.
(6) The written demonstrations, including the
certification required by paragraph 4 of subdivision f of subsection 3 of
section 33.1-20-08-07, for a time extension for initiating closure as required
by subparagraph d of paragraph 2 of subdivision f of subsection 3 of section 33.1-20-08-07.
(7) The notification
of intent to close a CCR unit as required by subdivision g of subsection 3 of
section 33.1-20-08-07.
(8) The
notification of completion of closure of a CCR unit as required by subdivision
h of subsection 3 of section 33.1-20-08-07.
(9) The notification recording a notation on
the deed as required by subdivision i of subsection 3 of section 33.1-20-08-07.
(10) The
notification of intent to comply with the alternative closure requirements as
required by paragraph 1 of subdivision d of subsection 4 of section 33.1-20-08-07.
(11) The annual progress
reports under the alternative closure requirements as required by paragraph 2
of subdivision d of subsection 4 of section 33.1-20-08-07.
(12) The written postclosure plan, and any
amendment of the plan, as required by subdivision d of subsection 5 of section 33.1-20-08-07, except that only the most recent closure plan must be maintained
in the facility's operating record and publicly accessible CCR
website.
(13) The notification of
completion of postclosure care period as required by subdivision e of
subsection 5 of section 33.1-20-08-07.
j. Retrofit criteria. The owner or operator
of a CCR unit subject to this chapter shall place the following information, as
it becomes available, in the facility's operating record:
(1) The written retrofit plan, and any
amendment of the plan, as required by paragraph 2 of subdivision j of
subsection 3 of section 33.1-20-08-07, except that only the most recent
retrofit plan must be maintained in the facility's operating record and
publicly accessible CCR website.
(2) The notification of intent that the
retrofit activities will proceed in accordance with the alternative procedures
as required by paragraph 1 of subdivision d of subsection 4 of section 33.1-20-08-07.
(3) The annual
progress reports required under the alternative requirements as required by
paragraph 2 of subdivision d subsection 4 of section 33.1-20-08-07.
(4) The written demonstrations, including the
certification in paragraph 4 of subdivision f of subsection 3 of section 33.1-20-08-07, for a time extension for completing retrofit activities as
required by paragraph 3 of subdivision j of subsection 3 of section 33.1-20-08-07.
(5) The notification
of intent to initiate retrofit of a CCR unit as required by paragraph 5 of
subdivision j of subsection 3 of section 33.1-20-08-07.
(6) The notification of completion of
retrofit activities as required by paragraph 6 of subdivision j of subsection 3
of section 33.1-20-08-07.
2. Record submission requirements.
a. The submittals required under subdivision
e of this subsection must be sent to the department before the close of
business on the day the submittal is required to be completed. For purposes of
this section, before the close of business means the submittal must be
postmarked or sent by electronic mail. If a deadline falls on a weekend or
state holiday, the deadline is automatically extended to the next business
day.
b. If any CCR unit is located
in part within Indian country, notifications of submittals required by this
section must be sent to the appropriate tribal authority.
c. Submittals may be combined as long as the
deadline requirement for each submittal is met. Submittals may be included in a
permit application, plan of operation, ground water monitoring plan, corrective
action plan, report, or application for modification of any of these documents,
as applicable.
d. Unless otherwise
required in this section, the submittals specified in this section must be sent
to the department within thirty days of placing in the facility's operating
record. If the department does not approve any of the documents, the owner or
operator of the CCR unit shall modify the document and resubmit it to the
department for approval. The final approved document must be placed in the
facility operating record and on the publicly accessible CCR website within
thirty days of approval by the department and the unapproved document must be
removed.
e. All documents, plans,
assessments, demonstrations, certifications, and reports placed in the facility
operating record and on the publicly accessible CCR website, as specified in
subdivisions e through j of subsection 1, must be submitted to the department,
except:
(1) Documentation of the permanent
identification marker specified under paragraph 4 of subdivision f of
subsection 1.
(2) Documentation of
the results of each weekly impoundment inspection by a qualified person as
specified under paragraph 5 of subdivision g of subsection 1.
(3) Documentation of the results of each
weekly landfill inspection by a qualified person as specified under paragraph 8
of subdivision g of subsection 1.
(4) Documentation of the design,
installation, development, and decommissioning of any monitoring wells;
piezometers; and other measurement, sampling, and analytical devices as
specified under paragraph 2 of subdivision h of subsection 1.
(5) The results of appendices I and II to
this chapter constituent concentrations as specified under paragraph 6 of
subdivision h of subsection 1.
(6)
Documentation prepared by the owner or operator recording the public meeting
for the corrective measures assessment specified under paragraph 11 of
subdivision h of subsection 1.
3. Publicly accessible internet site requirements.
a. Each owner or operator of a
CCR unit subject to the requirements of this chapter shall maintain a publicly
accessible internet site (CCR website) containing the information specified in
subdivision e. The owner's or operator's website must be titled "CCR Rule
Compliance Data and Information". The website must ensure that all information
required to be posted is immediately available to anyone visiting the site,
without requiring any prerequisite, such as registration or a requirement to
submit a document request. All required information must be clearly
identifiable and must be able to be printed immediately and downloaded by
anyone accessing the site. If the owner or operator changes the web address
(i.e., uniform resource locator) at any point, the owner or operator must
notify the United States environmental protection agency (EPA) via the "contact
us" form on EPA's CCR website and the department within fourteen days of making
the change. The facility's CCR website also must have a "contact us" form or a
specific electronic mail address posted on the website for the public to use to
submit questions and issues relating to the availability of information on the
website.
b. An owner or operator of
more than one CCR unit subject to the provisions of this chapter may comply
with the requirements of this section by using the same Internet site for
multiple CCR units provided the CCR website clearly delineates information by
the name or identification number of each unit.
c. Unless otherwise required in this chapter,
the information required to be posted to the CCR website must be made available
to the public for as long as it is required to be in the facility operating
record.
d. Unless otherwise
required in this chapter, the information must be posted to the CCR website
within thirty days of placing the pertinent information required by subsection
1 in the operating record.
e. Each
owner or operator shall place on the facility's publicly accessible CCR website
all documents, plans, assessments, demonstrations, certifications, and reports
placed in the facility operating record and approved by the department as
specified in subdivisions e through j of subsection 1, except:
(1) Documentation of the permanent
identification marker specified under paragraph 4 of subdivision f of
subsection 1.
(2) Documentation of
the results of each weekly impoundment inspection by a qualified person as
specified under paragraph 5 of subdivision g of subsection 1.
(3) Documentation of the results of each
weekly landfill inspection by a qualified person as specified under paragraph 8
of subdivision g of subsection 1.
(4) Documentation of the design,
installation, development, and decommissioning of any monitoring wells,
piezometers and other measurement, sampling, and analytical devices as
specified under paragraph 2 of subdivision h of subsection 1.
(5) The results of appendices I and II to
this chapter constituent concentrations as specified under paragraph 6 of
subdivision h of subsection 1.
(6)
Documentation prepared by the owner or operator recording the public meeting
for the corrective measures assessment specified under paragraph 10 of
subdivision h of subsection 1.
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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