Section 33.1-20-10-03 - Waste disposalIn addition to the requirements of section 33.1-20-01.1-08 and chapter 33.1-20-04.1, the owner or operator of a landfill shall comply with the performance and design criteria as follows:
1. Any new or lateral expansion of a landfill must be designed with a hydraulic barrier and leachate management system. a. Synthetic liners, leachate detection systems, and leachate removal systems must be compatible with solid waste disposed and the waste's leachate.b. Leachate removal and management systems must be capable of collecting and removing leachate and contaminated surface water.c. Synthetic liners and leachate removal systems must withstand all physical and chemical stresses during the operating period and through the postclosure period.d. The synthetic liners and leachate removal systems must have a collection efficiency of ninety-seven percent or better of precipitation falling on the fill area before closure and must be capable of removing leachate to limit the hydraulic head above the upper liner, exclusive of collection sumps, to twelve inches [30.5 centimeters] or less within thirty-six hours of a precipitation event.e. A composite liner is required which includes at a minimum from bottom to top: (1) At least three feet [91.4 centimeters] of recompacted clay with a hydraulic conductivity not to exceed 1 x 10-7 centimeters per second;(2) A synthetic flexible membrane liner at least sixty mil thick;(3) A secondary drainage layer with a hydraulic conductivity of 1 x 10-3 centimeters per second or greater throughout and with sufficient thickness to provide a transmissivity of 3 x 10-2 centimeters squared per second or greater;(4) A synthetic flexible membrane liner at least eighty mil thick; and(5) A drainage layer with a hydraulic conductivity of 1 x 10-3 centimeters per second or greater and with sufficient thickness to provide a transmissivity of 3 x 10-2 centimeters squared per second or greater.2. The facility must include a leachate detection and removal system and an onsite leachate management system or offsite leachate management. a. The amount of leachate collected for onsite or offsite management must be measured and recorded.b. The quality of the leachate must be periodically evaluated on a schedule proposed by the facility owner and approved by the department.c. The department may require the construction of onsite surface impoundments to achieve the equivalent or better design standards of onsite landfills, based on site specific factors such as hydrogeological characteristics, anticipated leachate quality, anticipated static head or expected duration of use.d. The department may require an owner or operator to control wildlife access to onsite surface impoundments based upon leachate quality and site circumstances.3. Runoff must be contained, collected, and transferred to an onsite surface impoundment, unless another management method is approved by the department.4. Solid waste disposal in landfills must be limited to those wastes identified in the permit application, waste acceptance plan, or permit. Regulated infectious waste, used oil as a free liquid which can be recovered or recycled, and hazardous waste may not be accepted for disposal at the landfill. TENORM waste may only be accepted under the provisions of chapter 33.1-20-11.5. All solid wastes deposited at the landfill must be placed, spread, or compacted to minimize or prevent settlement and to promote drainage of surface water. The sequence and direction of below-grade operations must be conducted to prevent surface water from entering the active fill area.6. On all areas of the landfill where final cover or additional solid waste will not be placed within one month, eight inches [20.3 centimeters] or more of compacted clay-rich soil material, similar material, or a synthetic cover must be placed to prevent ponding of surface water, to minimize infiltration of surface water, and to control windblown dust.7. The composite liner in combination with the final cover after closure must achieve an efficiency of at least ninety-nine and nine-tenths percent or better for collection or rejection of the precipitation that falls on the landfill.N.D. Admin Code 33.1-20-10-03
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.General Authority: NDCC 23.1-03-04, 23.1-08-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-03-03, 23.1-03-04, 23.1-08-03; S.L. 2017, ch. 199, §§ 18, 23