Section 33-24-05-477 - Closure and postclosure care1. At closure of a containment building, the owner or operator must remove or decontaminate all waste residues, contaminated containment system components (liners for example)contaminated subsoils, and structures and equipment contaminated with waste and leachate, and manage them as hazardous waste unless subsection 4 of section 33-24-02-03 applies. The closure plan, closure activities, cost estimates for closure, and financial responsibility for containment buildings must meet all of the requirements specified in sections 33-24-05-59 through 33-24-05-88.2. If, after removing or decontaminating all residues and making all reasonable efforts to effect removal or decontamination of contaminated components, subsoils, structures, and equipment as required in subsection 1, the owner or operator finds that not all contaminated subsoils can be practicably removed or decontaminated, the owner or operator must close the facility and perform postclosure care in accordance with the closure and postclosure requirements that apply to landfills (section 33-24-05-180). In addition, for the purposes of closure, postclosure, and financial responsibility, such a containment building is then considered to be a landfill, and the owner or operator must meet all of the requirements for landfills specified in sections 33-24-05-59 through 33-24-05-88.N.D. Admin Code 33-24-05-477
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