N.D. Admin. Code 33.1-20-04.1-07

Current through Supplement No. 395, January, 2025

Section 33.1-20-04.1-07 - [Effective 10/1/2024] Piles used for storage and treatment - Standards

This section is applicable to solid waste stored or treated in piles, composting, sludge piles, scrap tire piles, garbage which is in place for more than three days, putrescible waste, other than garbage, which is in place for more than three weeks, and other solid waste which is in place for more than one month.

1. Vector control measures must be instituted when necessary to prevent the transmission of disease and otherwise prevent and reduce hazards created by rats, snakes, insects, birds, cats, dogs, skunks, and other animals or vermin.

2. An owner and operator of a waste pile, except composting of grass and leaves, shall:

a. Comply with the general facility standards of section 33.1-20-04.1-02; and

b. Maintain the site including the removal of all solid waste, as necessary, and at closure to a permitted facility, or otherwise manage the waste that is in keeping with the purpose of this article.

3. Requirements for waste piles likely to produce a leachate are:

a. Waste piles must be underlain by concrete, asphalt, clay, or an artificial liner. The liner must be of sufficient thickness and strength to withstand stresses imposed by waste handling equipment and the pile;

b. Runoff and run-on control systems must be designed, installed, and maintained to handle a twenty-five-year, twenty-four-hour storm event;

c. Based on site and waste characteristics and the proposed operation, the department may require that waste piles have the following:

(1) A ground water monitoring system that complies with chapter 33.1-20-13;

(2) A leachate collection and treatment system; and

(3) Financial assurance; and

d. The department may require that the entire base or liner be inspected for wear and integrity and repaired or replaced by removing storage waste or otherwise providing inspection access to the base or liner.

4. An owner or operator of a tire pile shall:

a. Control access to the tire pile by fencing;

b. Limit piles of scrap tires to a maximum basal area of ten thousand square feet [929 square meters] in size, which, along with the fire lane, must be underlain by concrete, asphalt, clay overlain with gravel, or other appropriate material of sufficient thickness, strength, and low permeability to withstand stresses imposed by waste handling equipment, fire control equipment, and to minimize liquid infiltration in case of a fire;

c. Limit the height of the tire pile to twenty feet [6.1 meters];

d. Provide for a fifty-foot [15.24-meter] fire lane around the tire pile;

e. Provide site access by fire control equipment;

f. Provide run-on and runoff control systems adequate to control surface water from a twenty-five-year, twenty-four-hour precipitation event; and

g. Provide financial assurance adequate to remove stockpiled waste and to remediate environmental contingencies.

5. An owner or operator of a composting facility for grass and leaves shall:

a. Direct surface water or storm water from composting and waste storage areas;

b. Control surface water drainage to prevent leachate runoff;

c. Store solid waste separated from compostable material in a manner that controls vectors and aesthetic degradation, and remove this solid waste from the site to an appropriate facility at least weekly;

d. Turn the yard waste periodically to aerate the waste, maintain temperatures, and control odors; and

e. Prevent the occurrence of sharp objects greater than one inch [2.54 centimeters] in size in finished compost offered for use.

N.D. Admin Code 33.1-20-04.1-07

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

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; S.L. 2017, ch. 199, § 23