Current through Supplement No. 394, October, 2024
1. Within ninety days of finding that a
parameter has been detected at a statistically significant level exceeding the
ground water standards established under sections 33.1-20-13-02 and
33.1-20-13-03, the owner or operator shall initiate an assessment of remedial
measures. An owner or operator of a CCR unit that is subject to the provisions
of chapter 33.1-20-08 is exempt from the requirements of this section. The
assessment must:
a. Be completed within a
reasonable time period, unless otherwise specified by permit or the
department;
b. Include an
evaluation of the nature and extent of the release of the constituents
including pathways to human and environmental receptors;
c. For municipal landfills, include ground
water sampling and analysis for all parameters listed in appendix 1 of this
chapter. The department may delete any of the appendix 1 parameters if it can
be shown that the removed constituents are not reasonably expected to be in or
derived from the waste within the leaking facility;
d. Include an analysis of the effectiveness
of potential remedial measures in meeting all requirements of subsection 2 and
include the following:
(1) The performance,
reliability, ease of implementation, and potential impacts of each potential
remedial measure;
(2) The time
required to begin and complete each potential remedial measure;
(3) The costs of implementation of each
potential remedial measure; and
(4)
The permit requirements or other environmental or public health requirements
that may substantially affect implementation of each potential remedial
measure; and
e. When
requested by the department, the owner or operator must discuss results of the
assessment of remedial measures, prior to selection of a corrective action
remedy, in a public meeting with interested and affected persons.
2. Based on the results of the
assessment of remedial measures conducted under subsection 1, the owner or
operator must select a corrective action remedy within thirty days which, at
minimum, meets the following standards:
a. Is
protective of human health and environmental resources;
b. Attains the ground water protection
standards under sections 33.1-20-13-02 and 33.1-20-13-03;
c. Controls the sources of release so as to
reduce or eliminate, to the maximum extent practicable, further releases of
constituents that may pose a threat to human health or environmental resources;
and
d. Complies with this article
and other applicable environmental statutes and rules.
3. When selecting a corrective action remedy
under subsection 2, the owner or operator shall consider these factors:
a. The short-term and long-term effectiveness
of the potential remedial measure considering:
(1) Magnitude of reducing exposure to
constituents;
(2) Likelihood of
further releases;
(3) Practical
capability of technologies; and
(4)
Time until the standards are achieved.
b. The ease or difficulty of implementing the
potential remedial measure considering:
(1)
Availability of equipment and specialists;
(2) Long-term management needs such as
monitoring, operation, and maintenance; and
(3) Need to coordinate with and obtain
necessary approvals or permits from other agencies.
c. The need for interim measures to control
the sources of the release and to protect human health and environmental
resources.
d. The schedules for
initiating, conducting, and completing the potential remedial
measure.
e. Practical capability of
the owner or operator.
4. The owner or operator shall provide the
department with a document fully describing the remedial measures assessment
under subsection 1 and the selected corrective action remedy under subsections
2 and 3.
5. Upon selection of the
corrective action remedy under subsection 2 and with the concurrence of the
department, the owner or operator shall establish and implement the remedy.
a. During implementation, the owner or
operator shall monitor the effectiveness of the remedy.
b. Implementation shall be considered
complete when all actions and standards required to complete the remedy have
been satisfied and approved by the department.
c. Upon completion of a corrective action
remedy, the owner or operator shall place in the operating record a
certification that the corrective action remedy has been completed. Within
fourteen days of completion of the certification, the owner or operator shall
notify the department that the certification has been placed in the operating
record.
General Authority: NDCC 23.1-08-03,
23.1-11-11, 61-28-04, 61-28-05;
S.L.
2017, ch. 199,
§
1
Law Implemented: NDCC 23.1-08-03, 23.1-11-02,
23.1-11-06, 23.1-11-08, 61-28-04;
S.L.
2017, ch. 199,
§§
23,
26
