Section 33-24-05-51 - Concentration limits1. The department will specify in the facility permit concentration limits in the ground water for hazardous constituents established under section 33-24-05-50. The concentration of a hazardous constituent:a. May not exceed the background level of that constituent in the ground water at the time that limit is specified in the permit;b. For any of the constituents listed in table 1, may not exceed the respective value given in that table if the background level of the constituent is below the value given in table 1; orc. May not exceed an alternate limit established by the department under subsection 2. Table 1. Maximum Concentration of Constituents for Ground Water Protection
Constituent | Maximum Concentration mg/l |
Arsenic | 0.05 |
Barium | 1.0 |
Cadmium | 0.01 |
Chromium | 0.05 |
Lead | 0.05 |
Mercury | 0.002 |
Selenium | 0.01 |
Silver | 0.05 |
Endrin (1,2,3,4,10, 10-hexachloro-1,7-epoxy-1,4,4a,5,6,7,8,9a-octahydro-1, 4-endo, endo-5, 8-dimenthano naphthalene) | 0.0002 |
Lindane (1,2,3,4,5,6-hexachlorocyclohexane, gamma isomer) | 0.004 |
Methoxychlor (1,1,1-trichloro-2, 2-bis[p-methoxyphenyl] ethane) | 0.1 |
Toxaphene (C10H10Cl8 technical chlorinated camphene, 67-69% chlorine) | 0.005 |
2,4-D (2,4-dichlorophenoxyacetic acid) | 0.1 |
2,4,5-TP silvex (2,4,5-trichlorophen-oxy propionic acid) | 0.01 |
2. The department will establish an alternate concentration limit for a hazardous constituent if the department finds that the constituent will not pose a substantial present or potential hazard to human health or the environment as long as the alternate concentration limit is not exceeded. In establishing alternate concentration limits, the department will consider the following factors:a. Potential adverse effects on ground water quality, considering: (1) The physical and chemical characteristics of the waste in the regulated unit, including the potential for migration.(2) The hydrogeological characteristics of the facility and surrounding land.(3) The quantity of ground water and direction of ground water flow.(4) The proximity and withdrawal rates of ground water users.(5) 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 potential adverse effects.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 waters.(6) The current and future uses of surface waters in the area and any water quality standards established for those surface waters.(7) 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 33-24-05-51
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