Section 33-24-05-61 - Closure plan - Amendment of plan1.Written plan.a. The owner or operator of a hazardous waste management facility shall have a written closure plan. In addition, certain surface impoundments and waste piles from which the owner or operator intends to remove or decontaminate the hazardous waste at partial or final closure are required by paragraph 1 of subdivision a of subsection 3 of section 33-24-05-122 and paragraph 1 of subdivision a of subsection 3 of section 33-24-05-135 to have contingent closure plans. The plan must be submitted with the permit application, in accordance with subdivision m of subsection 2 of section 33-24-06-17, and approved by the department as part of the permit issuance procedure under 33-24-07. In accordance with section 33-24-06-05, the approved closure plan will become a condition of any hazardous waste permit.b. The department's approval of the plan must ensure that the approved closure plan is consistent with sections 33-24-05-60 through 33-24-05-64 and the applicable requirements of sections 33-24-05-47 through 33-24-05-58, 33-24-05-97, 33-24-05-110, 33-24-05-122, 33-24-05-135, 33-24-05-151, 33-24-05-167, 33-24-05-180, 33-24-05-301, and 33-24-05-477. Until final closure is completed and certified in accordance with section 33-24-05-64, a copy of the approved plan and all approved revisions must be furnished to the department upon request, including requests by mail.2.Content of plan. The plan must identify steps necessary to perform partial or final, or both, closure of the facility at any point during its active life. The closure plan must include, at least:a. A description of how each hazardous waste management unit at the facility will be closed in accordance with section 33-24-05-60;b. A description of how final closure of the facility will be conducted in accordance with section 33-24-05-60. The description must identify the maximum extent of the operations which will be unclosed during the active life of the facility;c. An estimate of the maximum inventory of hazardous wastes ever onsite over the active life of the facility and a detailed description of the methods to be used during partial closures and final closure, including, but not limited to, methods for removing, transporting, treating, storing, or disposing of all hazardous wastes, and identification of the types of the offsite hazardous waste management units to be used, if applicable;d. A detailed description of the steps needed to remove or decontaminate all hazardous waste residues and contaminated containment system components, equipment, structures, and soils during partial and final closure, including, but not limited to, procedures for cleaning equipment and removing contaminated soils, methods for sampling and testing surrounding soils, and criteria for determining the extent of decontamination required to satisfy the closure performance standards;e. A detailed description of other activities necessary during the closure period to ensure that all partial closures and final closures satisfy the closure performance standards, including, but not limited to, ground water monitoring, leachate collection, and run-on and runoff control;f. A schedule for closure of each hazardous waste management unit and for final closure of the facility. The schedule must include, at a minimum, the total time required to close each hazardous waste management unit and the time required for intervening closure activities which will allow tracking of the progress of partial and final closure. (For example, in the case of a landfill unit, estimates of the time required to treat or dispose of all hazardous waste inventory and of the time required to place a final cover must be included.);g. For facilities that use trust funds or establish financial assurance under section 33-24-05-77 and that are expected to close prior to the expiration of the permit, an estimate of the expected year of final closure; andh. A closure cost estimate.3.Amendment of plan. The owner or operator must submit a written notification of, or request for, a permit modification to authorize a change in operating plans, facility design, or the approved closure plan in accordance with the applicable procedures in 33-24-06 and 33-24-07. The written notification or request must include a copy of the amended closure plan for review or approval by the department. a. The owner or operator may submit a written notification or request to the department for a permit modification to amend the closure plan at any time prior to the notification of partial or final closure of the facility.b. The owner or operator must submit a written notification of, or request for, a permit modification to authorize a change in the approved closure plan when: (1) Changes in operating plans or facility design affect the closure plan;(2) There is a change in the expected year of closure, if applicable; or(3) In conducting partial or final closure activities, unexpected events require a modification of the approved closure plan.c. The owner or operator shall submit a written request for a permit modification, including a copy of the amended closure plan for approval at least sixty days prior to the proposed change in facility design or operation, or no later than sixty days after an unexpected event has occurred which has affected the closure plan. If an unexpected event occurs during the partial or final closure period, the owner or operator shall request a permit modification no later than thirty days after the unexpected event. An owner or operator of a surface impoundment or waste pile that intends to remove all hazardous waste at closure and is not otherwise required to prepare a contingent closure plan under paragraph 1 of subdivision a of subsection 3 of section 33-24-05-122 or paragraph 1 of subdivision a of subsection 3 of section 33-24-05-135 shall submit an amended closure plan to the department no later than sixty days from the date that the owner or operator or department determines that the hazardous waste management unit must be closed as a landfill, subject to the requirements of section 33-24-05-180, or no later than thirty days from that date if the determination is made during partial or final closure. The department will approve, disapprove, or modify this amended plan in accordance with the procedures in 33-24-06 and 33-24-07. In accordance with section 33-24-06-05, the approved closure plan will become a condition of the hazardous waste permit issued.d. The department may request modifications to the plan under the conditions described in subdivision b. The owner or operator shall submit the modified plan within sixty days of the department's request, or within thirty days if the change in facility conditions occurs during partial or final closure. Any modifications requested by the department will be approved in accordance with procedures in 33-24-06 and 33-24-07.4.Notification of partial closure and final closure.a. The owner or operator shall notify the department in writing at least sixty days prior to the date on which the owner or operator expects to begin closure of a surface impoundment, waste pile, land treatment or landfill unit, or final closure of a facility with such a unit. The owner or operator shall notify the department in writing at least forty-five days prior to the date on which the owner or operator expects to begin final closure of a facility with only treatment or storage tanks, container storage, or incinerator units to be closed. The owner or operator must notify the department in writing at least forty-five days prior to the date which the owner or operator expects to begin partial or final closure of a boiler or industrial furnace, whichever is earlier.b. The date when the owner or operator "expects to begin closure" must be either no later than thirty days after the date on which any hazardous waste management unit receives the known final volume of hazardous wastes or, if there is a reasonable possibility that the hazardous waste management unit will receive additional hazardous waste, no later than one year after the date on which the unit received the most recent volume of hazardous waste. If the owner or operator of a hazardous waste management unit can demonstrate to the department that the hazardous waste management unit or facility has the capacity to receive additional hazardous wastes and the owner or operator has taken and will continue to take, all steps to prevent threats to human health and the environment, including compliance with all applicable permit requirements, the department may approve an extension to this one-year limit. c. If the facility's permit is terminated, or if the facility is otherwise ordered, by judicial decree or final order under North Dakota Century Code section 23-20.3-08, to cease receiving hazardous waste or to close, then the requirements of this subsection do not apply. However, the owner or operator shall close the facility in accordance with the deadlines established in section 33-24-05-62.5.Removal of wastes and decontamination or dismantling of equipment. Nothing in this section precludes the owner or operator from removing hazardous wastes and decontaminating or dismantling equipment in accordance with the approved partial or final closure plan at any time before or after notification of partial or final closure.N.D. Admin Code 33-24-05-61
Effective January 1, 1984; amended effective October 1, 1986; December 1, 1988; December 1, 1991; January 1, 1994; July 1, 1997; December 1, 2003.Amended by Administrative Rules Supplement 2016-359, January 2016, effective 1/1/2016.General Authority: NDCC 23-20.3-03
Law Implemented: NDCC 23-20.3-03, 23-20.3-04