Current through Supplement No. 395, January, 2025
A miscellaneous unit must be located, designed,
constructed, operated, maintained, and closed in a manner that will ensure
protection of human health and the environment. Permits for miscellaneous units
are to contain such terms and provisions as necessary to protect human health
and the environment, including as appropriate, design and operating
requirements, detection and monitoring requirements, and requirements for
responses to releases of hazardous waste or hazardous constituents from the
unit. Permit terms and provisions must include those requirements of sections
33.1-24-05-89 through
33.1-24-05-190, sections
33.1-24-05-400 through
33.1-24-05-474, 33.1-24-06, 40
CFR part 63, subpart EEE, and 40 CFR part 146 that are appropriate for the
miscellaneous unit being permitted. Protection of human health and the
environment includes:
1. Prevention of
any releases that may have adverse effects on human health or the environment
due to migration of waste constituents in the ground water or subsurface
environment, considering:
a. The volume and
physical and chemical characteristics of the waste in the unit, including its
potential for migration through soil, liners, or other containing
structures;
b. The hydrologic and
geologic characteristics of the unit and the surrounding area;
c. The existing quality of ground water,
including other sources of contamination and their cumulative impact on the
ground water;
d. The quantity and
direction of ground water flow;
e.
The proximity to and withdrawal rates of current and potential ground water
users;
f. The patterns of land use
in the region;
g. The potential for
deposition or migration of waste constituents into subsurface physical
structures, and into the root zone of food chain crops and other
vegetation;
h. The potential for
health risks caused by human exposure to waste constituents; and
i. The potential for damage to domestic
animals, wildlife, crops, vegetation, and physical structures caused by
exposure to waste constituents.
2. Prevention of any releases that may have
adverse effects on human health or the environment due to migration of waste
constituents in surface water, or wetlands or on the soil surface considering:
a. The volume and physical and chemical
characteristics of the waste in the unit;
b. The effectiveness and reliability of
containing, confining, and collecting systems in structures in preventing
migration;
c. The hydrologic
characteristics of the unit and the surrounding area, including the topography
of the land around the unit;
d. The
patterns of precipitation in the region;
e. The quantity, quality, and direction of
ground water flow;
f. The proximity
of the unit to surface waters;
g.
The current and potential uses of nearby surface waters and any water quality
standards established for those surface waters;
h. The existing quality of surface waters and
surface soils, including other sources of contamination and their cumulative
impact on surface waters and surface soils;
i. The patterns of land use in the
region;
j. The potential for health
risks caused by human exposure to waste constituents; and
k. The potential for damage to domestic
animals, wildlife, crops, vegetation, and physical structures caused by
exposure to waste constituents.
3. Prevention of any release that may have
adverse effects on human health or the environment due to migration of waste
constituents in the air, considering:
a. The
volume and physical and chemical characteristics of the waste in the unit,
including its potential for the emission and dispersal of gases, aerosols, and
particulate;
b. The effectiveness
and reliability of systems and structures to reduce or prevent emissions of
hazardous constituents to the air;
c. The operating characteristics of the
unit;
d. The atmospheric,
meteorologic, and topographic characteristics of the unit and the surrounding
area;
e. The existing quality of
the air, including other sources of contamination and their cumulative impact
on the air;
f. The potential for
health risks caused by human exposure to waste constituents; and
g. The potential for damage to domestic
animals, wildlife, crops, vegetation, and physical structures caused by
exposure to waste constituents.
General Authority: NDCC 23.1-04-03; S.L.
2017, ch. 199, § 1
Law Implemented: NDCC 23.1-04-03,
23.1-04-05; S.L. 2017, ch. 199, §
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