Section 33-24-05-289 - Alternative land disposal restriction treatment standards for contaminated soil1. Applicability. The generator or treatment, storage, or disposal facility must comply with land disposal restrictions prior to placing soil that exhibits a characteristic of hazardous waste, or exhibited a characteristic of hazardous waste at the time soil that exhibits or exhibited a characteristic of hazardous waste was generated, into a land disposal unit. The following chart describes whether the generator or treatment, storage, or disposal facility must comply with land disposal restrictions prior to placing soil contaminated by listed hazardous waste into a land disposal unit: | If land disposal restrictions | And if land disposal restrictions | And if | Then you |
| Applied to the listed waste when it contaminated the | Apply to the listed waste now. | | Must comply with the land disposal restrictions. |
| soil . Did not apply to the listed waste when it contaminated the soil*. | Apply to the listed waste now. | The soil is determined to contain a listed waste when the soil is first generated. | Must comply with the land disposal restrictions. |
| Did not apply to the listed waste when it contaminated the soil*. | Apply to the listed waste now. | The soil is determined not to contain a listed waste when the soil is first generated. | Need not comply with the land disposal restrictions. |
| Did not apply to the listed waste when it contaminated the soil*. | Do not apply to the listed waste now. | | Need not comply with the land disposal restrictions. |
*For dates of land disposal restriction applicability, see appendix XI to chapter 33-24-05. To determine the date any given listed hazardous waste contaminated any given volume of soil, use the last date any given listed hazardous waste was placed into any given land disposal unit or, in the case of an accidental spill, the date of the spill.
2. Prior to land disposal, contaminated soil identified by subsection 1 as needing to comply with land disposal restrictions must be treated according to the applicable treatment standards specified in subsection 3 or according to the universal treatment standards specified in section 33-24-05-288 applicable to the contaminating listed hazardous waste or the applicable characteristic of hazardous waste if the soil is characteristic, or both. The treatment standards specified in subsection 3 and the universal treatment standards may be modified through a treatment variance approved in accordance with section 33-24-05-284.3. Treatment standards for contaminated soils. Prior to land disposal, contaminated soil identified by subsection 1 as needing to comply with land disposal restrictions must be treated according to all the standards specified in this subsection or according to the universal treatment standards specified in section 33-24-05-288. a. All soils. Prior to land disposal, all constituents subject to treatment must be treated as follows: (1) For nonmetals, except carbon disulfide, cyclohexanone, and methanol, treatment must achieve ninety percent reduction in total constituent concentrations, except as provided by paragraph 3.(2) For metals and carbon disulfide, cyclohexanone, and methanol, treatment must achieve ninety percent reduction in constituent concentrations as measured in leachate from the treated media (tested according to the toxicity characteristic leaching procedure) or ninety percent reduction in total constituent concentrations (when a metal removal treatment technology is used), except as provided by paragraph 3. (3) When treatment of any constituent subject to treatment to a ninety percent reduction standard would result in a concentration less than ten times the universal treatment standard for that constituent, treatment to achieve constituent concentrations less than ten times the universal treatment standard is not required. Universal treatment standards are identified in table "universal treatment standards" in section 33-24-05-288.b. Soils that exhibit the characteristic of ignitability, corrosivity, or reactivity. In addition to the treatment required by subdivision a, prior to land disposal, soils that exhibit the characteristic of ignitability, corrosivity, or reactivity must be treated to eliminate these characteristics.c. Soils that contain nonanalyzable constituents. In addition to the treatment requirements of subdivisions a and b, prior to land disposal, the following treatment is required for soils that contain nonanalyzable constituents: (1) For soil that contains only analyzable and nonanalyzable organic constituents, treatment of the analyzable constituents to the levels specified in subdivisions a and b; or(2) For soil that contains only nonanalyzable constituents, treatment by the method or methods specified in section 33-24-05-282 for the waste contained in the soil.4. Constituents subject to treatment. When applying the soil treatment standards in subsection 3, constituents subject to treatment are any constituents listed in section 33-24-05-288, table "universal treatment standards" that are reasonably expected to be present in any given volume of contaminated soil, except fluoride, selenium, sulfides, vanadium, and zinc, and are present at concentrations greater than ten times the universal treatment standard. Polychlorinated biphenyls are not a constituent subject to treatment in any given volume of soil which exhibits the toxicity characteristic solely because of the presence of metals.5. Management of treatment residuals. Treatment residuals from treating contaminated soil identified by subsection 1 as needing to comply with land disposal restrictions must be managed as follows: a. Soil residuals are subject to the treatment standards of this section;b. Nonsoil residuals are subject to: (1) For soils contaminated by listed hazardous waste, the 33-24 standards applicable to the listed hazardous waste; and(2) For soils that exhibit a characteristic of hazardous waste, if the nonsoil residual also exhibits a characteristic of hazardous waste, the treatment standards applicable to the characteristic hazardous waste.N.D. Admin Code 33-24-05-289
Effective December 1, 2003.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