Section 33-24-05-1031 - Corrective action for solid waste management units1. The owner or operator must institute corrective action as necessary to protect human health and the environment for all releases of hazardous waste or constituents from any solid waste management unit at the facility, regardless of the time at which waste was placed in such unit.2. The department will specify corrective action in the supplemental portion of the standardized permit in accordance with this section and sections 33-24-05-550 through 33-24-05-559. The department will include in the supplemental portion of the standardized permit schedules of compliance for corrective action (where corrective action cannot be completed prior to issuance of the permit) and assurances of financial responsibility for completing corrective action.3. The owner or operator must implement corrective action beyond the facility property boundary, where necessary to protect human health and the environment, unless the owner or operator demonstrates to the satisfaction of the department that, despite the owner's or operator's best efforts, the owner or operator was unable to obtain the necessary permission to undertake such actions. The owner or operator is not relieved of all responsibility to clean up a release that has migrated beyond the facility boundary where offsite access is denied. Onsite measures to address such releases will be determined on a case-by-case basis. The owner or operator must provide assurances of financial responsibility for such corrective action.4. The owner or operator does not have to comply with this section if the owner or operator are the owner or operator of a remediation waste site unless the owner's or operator's site is part of a facility that is subject to a permit for treating, storing, or disposing of hazardous wastes that are not remediation wastes.N.D. Admin Code 33-24-05-1031
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, 23-20.3-05, 23-20.3-07