North Dakota Administrative Code
Title 33.1 - Department of Environmental Quality
Article 33.1-20 - Solid Waste Management and Land Protection
Chapter 33.1-20-09 - Land Treatment Provisions
Section 33.1-20-09-02 - Land treatment standards

Current through Supplement No. 394, October, 2024

1. Owners or operators of land treatment facilities shall meet the location standards of section 33.1-20-04.1-01.

2. Owners or operators of land treatment facilities shall meet the minimum standards for performance of 33.1-20-13, the general facility requirements of section 33.1-20-04.1-02, and the general disposal standards of section 33.1-20-04.1-09.

3. Owners or operators of land treatment facilities shall design these facilities to meet the following requirements:

a. Provide waste storage facilities, if appropriate, that meet the requirements of this article;

b. Collect and treat all runoff from a twenty-five-year, twenty-four-hour storm, and divert all run-on for the maximum flow of a twenty-five-year, twenty-four-hour storm around the active area;

c. Avoid standing water on the active area;

d. Avoid slopes and other features that will lead to soil and waste erosion, unless contour plowing or other measures are taken to avoid erosion; and

e. Control access to the site by fencing or other means.

4. Owners and operators of land treatment facilities shall maintain and operate these facilities in compliance with these following requirements:

a. Land treatment of garbage or regulated infectious waste is prohibited;

b. Analyze solid waste according to departmentally approved methods;

c. Avoid applying waste at rates greater than ten times agronomic rates using the proposed cover crop, or depths greater than would allow for tilling the soil by tracked vehicles;

d. Provide tilling of soils during the growing season and after each application of waste to maintain aerobic soil conditions;

e. Amend the soil and soil nutrients as necessary to promote efficient biological breakdown of waste materials;

f. Avoid applying waste to any active area having standing water; and

g. Avoid food chain crops during the active life of the facility and after closure until demonstrated to be safe. Specific approval in writing from the department is required for any land treatment disposal facility that is used to raise food crops after closure.

5. All owners or operators of land treatment facilities shall close these facilities in accordance with section 33.1-20-04.1-05.

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

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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