Section 33-24-05-553 - Temporary units (TU)1. For temporary tanks and container storage areas used to treat or store hazardous remediation wastes during remedial activities required under section 33-24-05-58 or Resource Conservation and Recovery Act section 3008(h), or at a permitted facility that is not subject to section 33-24-05-58, the department may designate a unit at the facility, as a temporary unit. A temporary unit must be located within the contiguous property under the control of the owner or operator where the wastes to be managed in the temporary unit originated. For temporary units, the department may replace the design, operating, or closure standard applicable to these units under 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, or the applicable requirements of subsection 5 of section 33-24-06-16, with alternative requirements which protect human health and the environment.2. Any temporary unit to which alternative requirements are applied in accordance with subsection 1 must be: a. Located within the facility boundary; andb. Used only for treatment or storage of remediation wastes.3. In establishing standards to be applied to a temporary unit, the department shall consider the following factors: a. Length of time such unit will be in operation;c. Volumes of wastes to be managed;d. Physical and chemical characteristics of the wastes to be managed in the unit;e. Potential for releases from the unit;f. Hydrogeological and other relevant environmental conditions at the facility which may influence the migration of any potential releases; andg. Potential for exposure of humans and environmental receptors if releases were to occur from the unit.4. The department shall specify in the permit or order the length of time a temporary unit will be allowed to operate, to be no longer than a period of one year. The department shall also specify the design, operating, and closure requirements for the unit.5. The department may extend the operational period of a temporary unit once for no longer than a period of one year beyond that originally specified in the permit or order, if the department determines that:a. Continued operation of the unit will not pose a threat to human health and the environment; andb. Continued operation of the unit is necessary to ensure timely and efficient implementation of remedial actions at the facility.6. Incorporation of a temporary unit or a time extension for a temporary unit into an existing permit must be: a. Approved in accordance with the procedures for department-initiated permit modifications under section 33-24-06-12; orb. Requested by the owner or operator as a class II modification according to the procedures under section 33-24-06-14.7. The department shall document the rationale for designating a temporary unit and for granting time extensions for temporary units and shall make such documentation available to the public.N.D. Admin Code 33-24-05-553
Effective January 1, 1994; amended 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