Section 33-24-05-67 - Postclosure plan - Amendment of plan1. Written plan. The owner or operator of a hazardous waste disposal unit shall have a written postclosure plan. In addition, certain surface impoundments and waste piles from which the owner or operator intends to remove or decontaminate the hazardous wastes at partial or final closure are required by paragraph 2 of subdivision a of subsection 3 of section 33-24-05-122 and paragraph 2 of subdivision a of subsection 3 of section 33-24-05-135 to have contingent postclosure plans. Owners or operators of surface impoundments and waste piles not otherwise required to prepare contingent postclosure plans under paragraph 2 of subdivision a of subsection 3 of section 33-24-05-122 and paragraph 2 of subdivision a of subsection 3 of section 33-24-05-135 shall submit a postclosure plan to the department within ninety 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 sections 33-24-05-66 through 33-24-05-69. The plan must be submitted with the permit application in accordance with 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 postclosure plan will become a condition of any hazardous waste permit issued.2. For each hazardous waste management unit subject to the requirements of this section, the postclosure plan must identify the activities that will be carried on after closure of each disposal unit and the frequency of these activities, and include at least: a. A description of the planned monitoring activities and frequencies at which they will be performed to comply with 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 during the postclosure care period;b. A description of the planned maintenance activities, and frequencies at which they will be performed to ensure: (1) The integrity of the cap and final cover or other 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;(2) The function of the monitoring equipment 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; andc. The name, address, and telephone number of the persons or office to contact about the hazardous waste disposal unit or facility during the postclosure care period.3. Until final closure of the facility, a copy of the approved postclosure plan must be furnished to the department upon request, including request by mail. After final closure has been certified, the person or office specified in subdivision c of subsection 2 shall keep the approved postclosure plan during the remainder of the postclosure period.4. The owner or operator must submit a written notification of, or request for, a permit modification to authorize a change in the approved postclosure plan in accordance with the applicable requirements in 33-24-06 and 33-24-07. The written notification or request must include a copy of the amended postclosure 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 postclosure plan at any time during the active life of the facility or during the postclosure care period.b. The owner or operator must submit a written notification of, or request for, a permit modification to authorize a change in the approved postclosure plan whenever: (1) Changes in operating plans or facility design affect the approved postclosure plan;(2) There is a change in the expected year of final closure, if applicable; or(3) Events which occur during the active life of the facility, including partial and final closures, affect the approved postclosure plan.c. The owner or operator shall submit a written request for a permit modification 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 postclosure plan. 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 submit a contingent postclosure plan under paragraph 2 of subdivision a of subsection 3 of section 33-24-05-122 and paragraph 2 of subdivision a of subsection 3 of section 33-24-05-135 shall submit a postclosure plan to the department no later than ninety days after the date that the owner or operator or department determine that the hazardous waste management unit must be closed as a landfill, subject to the requirements of section 33-24-05-180. The department will approve, disapprove, or modify this plan in accordance with the procedures in 33-24-06 and 33-24-07. In accordance with section 33-24-06-05, the approved postclosure plan will become a permit condition.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 no later than sixty days after the department's request, or no later than ninety days if the unit is a surface impoundment or waste pile not previously required to prepare a contingent postclosure plan. Any modifications requested by the department will be approved, disapproved, or modified in accordance with the procedures in 33-24-06 and 33-24-07.N.D. Admin Code 33-24-05-67
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