N.D. Admin. Code 33-24-05-68

Current through Supplement No. 393, July, 2024

Section 33-24-05-68 - Postclosure notices

1. No later than sixty days after certification of closure of each hazardous waste disposal unit, the owner or operator shall submit to the local zoning authority, or the authority with jurisdiction over local land use, and to the department a record of the type, location, and quantity of hazardous wastes disposed of within each cell or other disposal unit of the facility. For hazardous waste disposed of before January 12, 1981, the owner or operator shall identify the type, location, and quantity of the hazardous wastes to the best of the owner's or operator's knowledge and in accordance with any records the owner or operator has kept.

2. Within sixty days of certification of closure of the first hazardous waste disposal unit and within sixty days of certification of closure of the last hazardous waste disposal unit, the owner or operator shall:

a. Record, in accordance with state law, a notation on the deed to the facility property - or on some other instrument which is normally examined during title search - that will in perpetuity notify any potential purchaser of the property that:

(1) The land has been used to manage hazardous waste;

(2) Use of the land is restricted under sections 33-24-05-59 through 33-24-05-73; and

(3) The survey plat and record of the type, location, and quantity of hazardous wastes disposed of within each cell or other hazardous waste disposal unit of the facility required by section 33-24-05-65 and subsection 1 have been filed with the local zoning authority or the authority with jurisdiction over local land use and with the department; and

b. Submit a certification, signed by the owner or operator, that the owner or operator has recorded the notation specified in subdivision a of subsection 2, including a copy of the document in which the notation has been placed, to the department.

3. If the owner or operator or any subsequent owner or operator of the land upon which a hazardous waste disposal unit is located wishes to remove hazardous wastes and hazardous waste residues, the liner, if any, or contaminated soils, the owner or operator shall request a modification to the postclosure permit in accordance with the applicable requirements in 33-24-06 and 33-24-07. The owner or operator shall demonstrate that the removal of the hazardous waste will satisfy the criteria of subsection 3 of section 33-24-05-66. By removing hazardous waste, the owner or operator may become a generator of hazardous waste and shall manage it in accordance with all applicable requirements of this article. If the owner or operator is granted a permit modification or otherwise granted approval to conduct such removal activities, the owner or operator may request that the department approve either:

a. The removal of the notation on the deed to the facility property or other instrument normally examined during title search; or

b. In addition of a notation to the deed or instrument indicating the removal of the hazardous waste.

N.D. Admin Code 33-24-05-68

Effective January 1, 1984; amended effective December 1, 1988; December 1, 1991.

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