N.D. Admin. Code 33-24-05-475

Current through Supplement No. 393, July, 2024

Section 33-24-05-475 - Applicability to containment buildings

The requirements of sections 33-24-05-475 through 33-24-05-500 apply to owners or operators who store or treat hazardous waste in units designed and operated under section 33-24-05-476. The owner or operator is not subject to the definition of land disposal in Resource Conservation and Recovery Act section 3004(k) provided that the unit:

1. Is a completely enclosed, self-supporting structure that is designed and constructed of manmade materials of sufficient strength and thickness to support themselves, the waste contents, and any personnel and heavy equipment that operate within the unit, and to prevent failure due to pressure gradients, settlement, compression, or uplift, physical contact with the hazardous wastes to which they are exposed; climatic conditions; and the stresses of daily operation, including the movement of heavy equipment within the unit and contact of such equipment with containment walls;

2. Has a primary barrier that is designed to be sufficiently durable to withstand the movement of personnel, wastes, and handling equipment within the unit;

3. If the unit is used to manage liquids, has:

a. A primary barrier designed and constructed of materials to prevent migration of hazardous constituents into the barrier;

b. A liquid collection system designed and constructed of materials to minimize the accumulation of liquid on the primary barrier; and

c. A secondary containment system designed and constructed of materials to prevent migration of hazardous constituents into the barrier, with a leak detection and liquid collection system capable of detecting, collecting, and removing leaks of hazardous constituents at the earliest practicable time, unless the unit has been granted a variance from the secondary containment system requirements under subdivision d of subsection 2 of section 33-24-05-476;

4. Has controls sufficient to prevent fugitive dust emissions to meet the no visible emission standard in paragraph 4 of subdivision a of subsection 3 of section 33-24-05-476; and

5. Is designed and operated to ensure containment and prevent the tracking of materials from the unit by personnel or equipment.

N.D. Admin Code 33-24-05-475

Effective January 1, 1994.

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