Section 33-24-05-551 - Grandfathered corrective action management units (CAMUs)1. To implement remedies under section 33-24-05-58 or Resource Conservation and Recovery Act section 3008(h), or to implement remedies at a permitted facility that is not subject to section 33-24-05-58, the department may designate an area at the facility as a corrective action management unit under the requirements of this section. Corrective action management unit means an area within a facility that is used only for managing remediation wastes for implementing corrective action or cleanup at the facility. A corrective action management unit must be located within the contiguous property under the control of the owner or operator where the wastes to be managed in the corrective action management unit originated. One or more corrective action management units may be designated at a facility. a. Placement of remediation wastes into or within a corrective action management unit does not constitute land disposal of hazardous wastes.b. Consolidation or placement of remediation wastes into or within a corrective action management unit does not constitute creation of a unit subject to minimum technology requirements.2. The department may designate a regulated unit as a corrective action management unit in accordance with the following: a. The department may designate a regulated unit (as defined in subdivision b of subsection 1 of section 33-24-05-47) as a corrective action management unit, or may incorporate a regulated unit into a corrective action management unit, if: (1) The regulated unit is closed or closing, meaning it has begun the closure process under section 33-24-05-62; and(2) Inclusion of the regulated unit will enhance implementation of effective, protective, and reliable remedial actions for the facility.b. The sections 33-24-05-47 through 33-24-05-88 requirements and the unit-specific requirements of sections 33-24-05-01 through 33-24-05-190, 33-24-05-300 through 33-24-05-524, 33-24-05-550 through 33-24-05-559, and 33-24-05-800 through 33-24-05-819 that applied to that regulated unit will continue to apply to that portion of the corrective action management unit after incorporation into the corrective action management unit.3. The department shall designate a corrective action management unit in accordance with the following: a. The corrective action management unit shall facilitate the implementation of reliable, effective, protective, and cost-effective remedies;b. Waste management activities associated with the corrective action management unit shall not create unacceptable risks to humans or to the environment resulting from exposure to hazardous wastes or hazardous constituents;c. The corrective action management unit may include uncontaminated areas of the facility, only if including such areas for the purpose of managing remediation waste is more protective than management of such wastes at contaminated areas of the facility;d. Areas within the corrective action management unit, where wastes remain in place after closure of the corrective action management unit, shall be managed and contained so as to minimize future releases, to the extent practicable;e. The corrective action management unit shall expedite the timing of remedial activity implementation, when appropriate and practicable;f. The corrective action management unit shall enable the use, when appropriate, of treatment technologies (including innovative technologies) to enhance the long-term effectiveness of remedial actions by reducing the toxicity, mobility, or volume of wastes that will remain in place after closure of the corrective action management unit; andg. The corrective action management unit shall, to the extent practicable, minimize the land area of the facility upon which wastes will remain in place after closure of the corrective action management unit.4. The owner or operator shall provide sufficient information to enable the department to designate a corrective action management unit in accordance with the criteria in section 33-24-05-552.5. The department shall specify, in the permit or order, requirements for corrective action management units to include the following:a. The areal configuration of the corrective action management unit.b. Requirements for remediation waste management to include the specification of applicable design, operation, and closure requirements.c. Requirements for ground water monitoring that are sufficient to: (1) Continue to detect and to characterize the nature, extent, concentration, direction, and movement of existing releases of hazardous constituents in ground water from sources located within the corrective action management unit; and(2) Detect and subsequently characterize releases of hazardous constituents to ground water that may occur from areas of the corrective action management unit in which wastes will remain in place after closure of the corrective action management unit.d. Closure and postclosure requirements. (1) Closure of corrective action management units shall:(a) Minimize the need for further maintenance; and(b) Control, minimize, or eliminate, to the extent necessary to protect human health and the environment, for areas where wastes remain in place, postclosure escape of hazardous waste, hazardous constituents, leachate, contaminated runoff, or hazardous waste decomposition products to the ground, to surface waters, or to the atmosphere.(2) Requirements for closure of corrective action management units shall include the following, as appropriate and as deemed necessary by the department for a given corrective action management unit:(a) Requirements for excavation, removal, treatment, or containment of wastes;(b) For areas in which wastes will remain after closure of the corrective action management unit, requirements for capping of such areas; and(c) Requirements for removal and decontamination of equipment, devices, and structures used in remediation waste management activities within the corrective action management unit.(3) In establishing specific closure requirements for corrective action management units under this subsection, the department shall consider the following factors: (a) Corrective action management unit characteristics;(b) Volume of wastes which remain in place after closure;(c) Potential for releases from the corrective action management unit;(d) Physical and chemical characteristics of the waste;(e) Hydrogeological and other relevant environmental conditions at the facility which may influence the migration of any potential or actual releases; and(f) Potential for exposure of humans and environmental receptors if releases were to occur from the corrective action management unit.(4) Postclosure requirements as necessary to protect human health and the environment, to include, for areas where wastes will remain in place, monitoring and maintenance activities, and the frequency with which such activities shall be performed to ensure the integrity of any cap, final cover, or other containment system. 6. The department shall document the rationale for designating corrective action management units and shall make such documentation available to the public.7. Incorporation of a corrective action management unit into an existing permit must be approved by the department according to the procedures for department-initiated permit modifications under section 33-24-06-12, or according to the permit modification procedures of section 33-24-06-14.8. The designation of a corrective action management unit does not change the department's existing authority to address cleanup levels, media-specific points of compliance to be applied to remediation at a facility, or other remedy selection decisions.N.D. Admin Code 33-24-05-551
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