Section 69-05.2-19-04 - Performance standards - Waste materials - Disposal of noncoal wastes1. All noncoal waste materials disposed of within a permit area and that are required to be permitted under solid waste management rules of the state department of health must be disposed of according to those rules and this chapter. Before disposal operations begin, the commission must be advised of plans to develop or modify a noncoal waste disposal site.2. Noncoal wastes including concrete products, plastic material, abandoned mining machinery, wood materials, and other nonhazardous materials generated during mining and noncoal waste materials from activities outside the permit area, such as municipal wastes, must be placed and stored in a controlled manner in a designated approved portion of the permit area. Placement and storage of all types of noncoal wastes, including any hazardous materials, must ensure that leachate and surface runoff do not degrade surface or ground water, fires are prevented, and that the area remains stable and suitable for reclamation and revegetation compatible with the natural surroundings. Any wastes containing asbestos may not be disposed of in the permit area unless specific approval is obtained from the state department of health. Solvents, grease, lubricants, paints, flammable liquids, and other combustible materials must be disposed off the permit area except for land treatments of small spills as approved by the state department of health.3. Disposal sites in the permit area must be designed and constructed to ensure that leachate and drainage from the noncoal waste areas does not degrade surface or underground water. Wastes must be routinely compacted and covered to prevent combustion and windborne waste. When disposal is completed, two feet [60.96 centimeters] of cover or a greater thickness required by the commission must be placed over the site, slopes stabilized, suitable plant growth material respread and revegetation accomplished. Site operation must comply with all local and state requirements.4. At no time may any solid waste material be deposited at embankment or impoundment sites, nor may any excavation for solid waste disposal be located within eight feet [2.44 meters] of any coal or commercial leonardite outcrop or coal or commercial leonardite storage area.N.D. Admin Code 69-05.2-19-04
Effective August 1, 1980; amended effective June 1, 1983; May 1,1990; June 1, 1997; May 1, 1999.Amended by Administrative Rules Supplement 2016-362, October 2016, effective 10/1/2016.General Authority: NDCC 38-14.1-03
Law Implemented: NDCC 38-14.1-24