Section 33-24-05-62 - Closure - Time allowed for closure1. Within ninety days after receiving the final volume of hazardous wastes at a hazardous waste management unit or facility, the owner or operator shall treat, remove from the unit or facility, or dispose of onsite, all hazardous wastes in accordance with the approved closure plan. The department may approve a longer period if the owner or operator complies with all applicable requirements for requesting a modification to the permit and demonstrates that one or both of the following subdivisions apply:a. The activities required to comply with this subsection will, of necessity, take longer than ninety days to complete; orb. All of the following apply: (1) The hazardous waste management unit or facility has the capacity to receive additional hazardous waste;(2) There is a reasonable likelihood that the owner or operator or another person will recommence operation of the hazardous waste management unit or the facility within one year;(3) Closure of the hazardous waste management unit or facility would be incompatible with continued operation of the site; and(4) 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.2. The owner or operator shall complete partial and final closure activities in accordance with the approved closure plan and within one hundred eighty days after receiving the final volume of hazardous wastes at the hazardous waste management unit or facility. The department may approve an extension to the closure period if the owner or operator complies with all applicable requirements for requesting a modification to the permit and demonstrates that one or both of the following subdivisions apply: a. The partial or final closure activities will, of necessity, take longer than one hundred eighty days to complete; orb. All of the following apply: (1) The hazardous waste management unit or facility has the capacity to receive additional hazardous waste;(2) There is reasonable likelihood that the owner or operator or another person will recommence operation of the hazardous waste management unit or the facility within one year;(3) Closure of the hazardous waste management unit or facility would be incompatible with continued operation of the site; and(4) The owner or operator has taken and will continue to take all steps to prevent threats to human health and the environment from the unclosed but not operating hazardous waste management unit or facility including compliance with all applicable permit requirements.3. The demonstrations referred to in subsections 1 and 2 must be made as follows: The demonstrations in subsection 1 must be made at least thirty days prior to expiration of the ninety-day period in subsection 1; and the demonstration in subsection 2 must be made at least thirty days prior to the expiration of the one hundred eighty-day period in subsection 2.N.D. Admin Code 33-24-05-62
Effective January 1, 1984; amended effective December 1, 1988; 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