Section 33-24-05-506 - Closure1. At closure, the owner or operator must remove or decontaminate all waste residues, contaminated containment system components (pad, liners, etc.), contaminated subsoils, and structures and equipment contaminated with waste and leakage, and manage them as hazardous waste.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 closure and postclosure care requirements that apply to landfills in section 33-24-05-180. For permitted units, the requirement to have a permit continues throughout the postclosure period. In addition, for the purpose of closure, postclosure, and financial responsibility, such a drip pad is then considered to be landfill, and the owner or operator must meet all of the requirements for landfills specified in sections 33-24-05-59 through 33-24-05-88.3. Drip pad: a. The owner or operator of an existing drip pad, as defined in section 33-24-05-501, that does not comply with the liner requirements of subdivision a of subsection 2 of section 33-24-05-504 must: (1) Include in the closure plan for the drip pad under section 33-24-05-61 both a plan for complying with subsection 1 and a contingent plan for complying with subsection 2 in case not all contaminated subsoils can be practicably removed at closure; and(2) Prepare a contingent postclosure plan under section 33-24-05-67 for complying with subsection 2 in case not all contaminated subsoils can be practicably removed at closure.b. The cost estimates calculated under sections 33-24-05-61 and 33-24-05-76 for closure and postclosure care of a drip pad must include the cost of complying with the contingent closure plan and the contingent postclosure plan, but are not required to include the cost of expected closure under subsection 1.N.D. Admin Code 33-24-05-506
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