Section 33-24-05-66 - Postclosure care and use of property1. Postclosure care requirements. a. Postclosure care for each hazardous waste management unit subject to the requirements of sections 33-24-05-66 through 33-24-05-69 must begin after completion of closure of the unit and continue for thirty years after that date and must consist of at least the following: (1) Monitoring and reporting in accordance with the requirements of sections 33-24-05-47 through 33-24-05-58, sections 33-24-05-118 through 33-24-05-143, sections 33-24-05-160 through 33-24-05-190, and sections 33-24-05-300 through 33-24-05-309; and(2) Maintenance and monitoring of waste containment systems in accordance with the requirements of sections 33-24-05-47 through 33-24-05-58, sections 33-24-05-118 through 33-24-05-143, sections 33-24-05-160 through 33-24-05-190, and sections 33-24-05-300 through 33-24-05-309.b. Anytime preceding partial closure of a hazardous waste management unit subject to postclosure care requirements or final closure, or anytime during the postclosure period for a particular unit, the department may, in accordance with the permit modification procedures in 33-24-06 and 33-24-07: (1) Shorten the postclosure care period applicable to the hazardous waste management unit, or facility, if all disposal units have been closed, if the department finds that the reduced period is sufficient to protect human health and the environment (for example, leachate or ground water monitoring results, characteristics of the hazardous waste, application of advanced technology or alternative disposal, treatment, or reuse techniques indicate that the hazardous waste management unit or facility is secure); or(2) Extend the postclosure care period applicable to the hazardous waste management unit or facility if the department finds that the extended period is necessary to protect human health or the environment (for example, leachate or ground water monitoring results indicate a potential for migration of hazardous waste at levels which may be harmful to human health or the environment).2. The department may require, at partial and final closure, continuation of any of the security requirements of section 33-24-05-05 during part or all of the postclosure period when: a. Hazardous wastes may remain exposed after completion of partial or final closure; orb. Access by the public or domestic livestock may pose a hazard to human health.3. Postclosure use of property on or in which hazardous wastes remain after partial or final closure must never be allowed to disturb the integrity of the final cover, liners, or any other components of the containment system, or the function of the facility's monitoring systems, unless the department finds that the disturbance: a. Is necessary to the proposed use of the property, and will not increase the potential hazard to human health or the environment; orb. Is necessary to reduce a threat to human health or the environment.4. All postclosure care activities must be in accordance with the provisions of the approved postclosure plan as specified in section 33-24-05-67.N.D. Admin Code 33-24-05-66
Effective January 1, 1984; amended effective December 1, 1988; December 1, 1991; July 1, 1997.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