N.D. Admin. Code 33.1-20-04.1-03

Current through Supplement No. 395, January, 2025

Section 33.1-20-04.1-03 - [Effective 10/1/2024] Plan of operation

All solid waste management facilities, except those permitted by rule in accordance with section 33.1-20-02.1-02, shall meet the requirements of this section.

1. The owner or operator of a solid waste management unit or facility shall prepare and implement a plan of operation approved by the department as part of the permit. The plan must describe the facility's operation to operating personnel and the facility must be operated in accordance with the plan. The plan of operation must be available for inspection at the request of the department. Each plan of operation must include, if applicable:

a. A description of waste acceptance procedures, including categories of solid waste to be accepted and waste rejection procedures as required by subsection 2 of section 33.1-20-05.1-02 or subsection 8 of section 33.1-20-06.1-02 or subsection 2 of section 33.1-20-07.1-01 or subsection 4 of section 33.1-20-10-03;

b. A description of waste handling procedures;

c. A description of facility inspection activities required by subsection 2, including frequency;

d. A description of contingency actions for the following:

(1) Fire or explosion;

(2) Leaks;

(3) Ground water contamination;

(4) Other releases (for example, dust, debris, leachate, failure of run-on diversion or runoff containment systems); and

(5) Any other issues pertinent to the facility.

e. Leachate removal system operation and maintenance procedures;

f. Safety procedures;

g. For landfills, implementation of sequential partial closure;

h. A description of industrial waste or special waste management procedures, which include:

(1) A procedure for notifying solid waste generators and haulers of the facility operating requirements and restrictions;

(2) A procedure for evaluating waste characteristics, liquid content, the specific analyses that may be required for specific wastes, and the criteria used to determine when analyses are necessary, the frequency of testing, and the analytical methods to be used;

(3) A procedure for inspecting and for identifying any special management requirements, and the rationale for accepting or rejecting a waste based on its volume and characteristics;

(4) Procedures for managing the following solid waste, as appropriate:

(a) Bulk chemical containers which contain free product or residue;

(b) Asbestos;

(c) Waste containing polychlorinated biphenyls at a concentration less than fifty parts per million;

(d) Radioactive waste;

(e) Rendering and slaughterhouse waste;

(f) Wastes that could spontaneously combust or that could ignite other waste because of high temperatures;

(g) Foundry waste;

(h) Ash from incinerators, resource recovery facilities, and power plants;

(i) Paint residues, paint filters, and paint dust;

(j) Sludges, including ink sludges, lime sludge, wood sludge, and paper sludge;

(k) Fiberglass, urethane, polyurethane, and epoxy resin waste;

(l) Spent activated carbon filters;

(m) Oil and gas exploration and production waste;

(n) Wastes containing free liquids;

(o) Contaminated soil waste from cleanup of spilled products or wastes; and

(p) Any other solid waste that the owner or operator plans to handle.

(5) A description of any solid waste that will not be accepted at the facility; and

i. The owner or operator shall amend the plan whenever operating procedures, contingency actions, waste management procedures, or wastes have changed. The owner or operator shall submit the amended plan to the department for approval or disapproval.

2. The owner or operator shall inspect the facility to ensure compliance with this article, a permit, and approved plans. The owner or operator shall keep an inspection log including information such as the date of inspection, the name of the inspector, a notation of observations made, and the date and nature of any repairs or corrective action taken.

N.D. Admin Code 33.1-20-04.1-03

Adopted by Administrative Rules Supplement 370, October 2018, effective 1/1/2019.

Amended by Administrative Rules Supplement 2020-377, July 2020, effective 7/1/2020.

Amended by Administrative Rules Supplement 2024-394, October 2024, effective 10/1/2024.

General Authority: NDCC 23.1-08-03; S.L. 2017, ch. 199, § 1

Law Implemented: NDCC 23.1-08-03, 23.1-08-09; S.L. 2017, ch. 199, § 23