Section 33-24-05-50 - Hazardous constituents1. The department will specify in the facility permit the hazardous constituents to which the ground water protection standard of section 33-24-05-49 applies. Hazardous constituents are constituents identified in appendix V of 33-24-02 that have been detected in ground water in the uppermost aquifer underlying a regulated unit and that are reasonably expected to be in or derived from waste contained in a regulated unit, unless the department has excluded them under subsection 2.2. The department will exclude an appendix V of 33-24-02 constituent from the list of hazardous constituents specified in the facility permit if the department finds that the constituent is not capable of posing a substantial present or potential hazard to human health or the environment. In deciding whether to grant an exemption, the department will consider the following: a. Potential adverse effects on ground water quality, considering: (1) The physical and chemical characteristics of the waste in the regulated units, including its potential for migration.(2) The hydrogeological characteristics of the facility and surrounding land.(3) The quantity of ground water and the direction of ground water flow.(4) The proximity and withdrawal rates of ground water users.(5) The current and future uses of ground water in the area.(6) The existing quality of ground water, including other sources of contamination and their cumulative impact on the ground water quality.(7) The potential for health risks caused by human exposure to waste constituents.(8) The potential damage to wildlife, crops, vegetation, and physical structures caused by exposure to waste constituents.(9) The persistence and permanence of the potential adverse effect.b. Potential adverse effects on hydraulically connected surface water quality, considering: (1) The volume and physical and chemical characteristics of the waste in the regulated unit.(2) The hydrogeological characteristics of the facility and surrounding land.(3) The quantity and quality of ground water, and the direction of ground water flow.(4) The patterns of rainfall in the region.(5) The proximity of the regulated unit to surface water.(6) The current and future uses of surface water in the area and any water quality standards established for those surface waters.(7) The existing quality of surface water, including other sources of contamination and the cumulative impact on surface water quality.(8) The potential for health risks caused by human exposure to waste constituents.(9) The potential damage to wildlife, crops, vegetation, and physical structures caused by exposure to waste constituents.(10) The persistence and permanence of the potential adverse effects.3. In making any determination under subsection 2 about the use of ground water in the area around the facility, the department will consider any identification of underground sources of drinking water and exempted aquifers made under provisions of the Safe Drinking Water Act and 40 CFR 144.8.N.D. Admin Code 33-24-05-50
Effective January 1, 1984; amended effective July 1, 1997.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