N.D. Admin. Code 33-24-05-1041

Current through Supplement No. 393, July, 2024

Section 33-24-05-1041 - Closure performance standard

The owner or operator shall close the storage and treatment units in a manner that:

1. Minimizes the need for further maintenance;

2. Controls, minimizes, or eliminates, to the extent necessary to protect human health and the environment, postclosure escape of hazardous waste, hazardous constituents, leachate, contaminated runoff, or hazardous waste decomposition products to the ground or surface waters or to the atmosphere; and

3. Meets the closure requirements of sections 33-24-05-1040 through 33-24-05-1059 and the requirements of sections 33-24-05-1086, 33-24-05-1111, and 33-24-05-1138. If the owner or operator determines that, when applicable, the closure requirements of section 33-24-05-1111 (tanks) or section 33-24-05-1138 (containment buildings) cannot be met, then the owner or operator must close the unit in accordance with the requirements that apply to landfills (section 33-24-05-180). In addition, for the purposes of postclosure and financial responsibility, such a tank system or containment building is then considered to be a landfill, and the owner or operator must apply for a postclosure care permit in accordance with 33-24-06.

N.D. Admin Code 33-24-05-1041

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