Section 33-24-05-167 - Closure and postclosure care1. During the closure period the owner or operator shall: a. Continue all operations (including pH control) necessary to maximize degradation, transformation, or immobilization of hazardous constituents within the treatment zone as required under subsection 1 of section 33-24-05-163, except to the extent such measures are inconsistent with subdivision h of this subsection;b. Continue all operations in the treatment zone to minimize runoff of hazardous constituents as required under subsection 2 of section 33-24-05-163;c. Maintain the run-on control system required under subsection 3 of section 33-24-05-163;d. Maintain the runoff management system required under subsection 4 of section 33-24-05-163;e. Control wind dispersal of hazardous waste if required under subsection 6 of section 33-24-05-163;f. Continue to comply with any prohibitions or conditions concerning growth of food chain crops under section 33-24-05-164;g. Continue unsaturated zone monitoring in compliance with section 33-24-05-165, except that soil-pore liquid monitoring may be terminated one year after the last application of waste to the treatment zone if, during that year, the soil-pore liquid monitoring shows that no hazardous constituents are leaching from the treatment zone in the soil-pore water; andh. Establish a vegetative cover on the portion of the facility being closed at such time that the cover will not substantially impede degradation, transformation, or immobilization of hazardous constituents in the treatment zone. The vegetative cover must be capable of maintaining growth without extensive maintenance.2. For the purpose of complying with section 33-24-05-64, when closure is completed the owner or operator may submit to the department certification by an independent qualified soil scientist, in lieu of a qualified professional engineer, that the facility has been closed in accordance with the specifications in the approved closure plan.3. During the postclosure care period the owner or operator shall: a. Continue all operations (including pH control) necessary to enhance degradation and transformation and sustain immobilization of hazardous constituents in the treatment zone to the extent that such measures are consistent with other postclosure care activities;b. Maintain a vegetative cover over closed portions of the facility;c. Maintain the run-on control system required under subsection 3 of section 33-24-05-163;d. Maintain the runoff management system required under subsection 4 of section 33-24-05-163;e. Control wind dispersal of hazardous waste if required under subsection 6 of section 33-24-05-163;f. Continue to comply with any prohibitions or conditions concerning growth of food chain crops under section 33-24-05-164; andg. Continue unsaturated zone monitoring in compliance with section 33-24-05-165 except that soil-pore liquid monitoring may be terminated one year after the last application of waste to the treatment zone if, during that year, the soil-pore liquid monitoring shows that no hazardous constituents are leaching from the treatment zone in the soil-pore water.4. The owner or operator is not subject to regulation under subsection 3 or subdivision h of subsection 1 if the department finds that the level of hazardous constituents in the treatment zone soil does not exceed the background value of those constituents by an amount that is statistically significant when using the test specified in subdivision c . The owner or operator may submit such a demonstration to the department at any time during the closure or postclosure care periods. For purposes of this subsection: a. The owner or operator shall establish background soil values and determine whether there is a statistically significant increase over those values for all hazardous constituents specified in the facility permit under subsection 2 of section 33-24-05-161: (1) Background soil values may be based on a one-time sampling of the background plot having characteristics similar to those of the treatment zone; and(2) The owner or operator shall express background values and values for hazardous constituents in the treatment zone in a form necessary for the determination of statistically significant increases under subdivision c;b. In taking samples used in the determination of background and treatment zone values, the owner or operator shall take samples at a sufficient number of sampling points and at appropriate locations and depths to yield samples that represent the chemical makeup of soil that has not been affected by leakage from the treatment zone and the soil within the treatment zone, respectively; andc. In determining whether a statistically significant increase has occurred, the owner or operator shall compare the value of each constituent in the treatment zone to the background value of that constituent using a statistical procedure that provides reasonable confidence that constituent presence in the treatment zone will be identified. The owner or operator shall use a statistical procedure that: (1) Is appropriate for the distribution of the data used to establish background values; and(2) Provides a reasonable balance between the probability of falsely identifying hazardous constituent presence in the treatment zone and the probability of failing to identify a real presence in the treatment zone.5. During closure or postclosure care, or both, the owner or operator is not subject to regulation under sections 33-24-05-47 through 33-24-05-58 if the department finds that the owner or operator satisfies subsection 4 and if unsaturated zone monitoring under section 33-24-05-165 indicates that hazardous constituents have not migrated beyond the treatment zone during the active life of the land treatment unit.N.D. Admin Code 33-24-05-167
Effective January 1, 1984; amended effective December 1, 1988.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