Section 33-24-05-1042 - Closure plan1. To close the facility, the owner or operator must follow an approved closure plan, and follow notification requirements.a. The closure plan must be submitted with the notice of intent to operate under a standardized permit. Final issuance of the standardized permit constitutes approval of the closure plan, and the plan becomes a condition of the hazardous waste standardized permit.b. The department's approval of the plan must ensure that the approved plan is consistent with sections 33-24-05-1041 through 33-24-05-1045, 33-24-05-1086, 33-24-05-1111, and 33-24-05-1138.2. Satisfy the requirements for content of a closure plan. The closure plan must identify steps necessary to perform partial or final, or both, closure of the facility. The closure plan must include, at least: a. A description of how each hazardous waste management unit at the facility subject to sections 33-24-05-1040 through 33-24-05-1059 will be closed in accordance with section 33-24-05-1041.b. A description of how final closure of the facility will be conducted in accordance with section 33-24-05-1041. The description must identify the maximum extent of the operations which will be unclosed during the active life of the facility.c. An estimate of the maximum inventory of hazardous wastes ever onsite during the active life of the facility and a detailed description of the methods to be used during partial or final, or both, closure, such as methods for removing, transporting, treating, storing, or disposing of all hazardous wastes, and identification of the types of offsite hazardous waste management units to be used, if applicable.d. A detailed description of the steps needed to remove or decontaminate all hazardous waste residues and contaminated containment system components, equipment, structures, and soils during partial or final closure. These might include procedures for cleaning equipment and removing contaminated soils, methods for sampling and testing surrounding soils, and criteria for determining the extent of decontamination required to satisfy the closure performance standard.e. A detailed description of other activities necessary during the closure period to ensure that partial or final closure satisfies the closure performance standards.f. A schedule for closure of each hazardous waste management unit, and for final closure of the facility. The schedule must include, at a minimum, the total time required to close each hazardous waste management unit and the time required for intervening closure activities that allow tracking of progress of partial or final closure.g. For facilities that use trust funds to establish financial assurance under section 33-24-05-1063 and that are expected to close prior to the expiration of the permit, an estimate of the expected year of final closure.3. The owner or operator may submit a written notification to the department for a permit modification to amend the closure plan at any time prior to the notification of partial or final closure of the facility, following the applicable procedures in section 33-24-07-51. a. Events leading to a change in the closure plan, and requiring a modification, may include: (1) A change in the operating plan or facility design;(2) A change in the expected year of closure, if applicable; or(3) In conducting partial or final closure activities, an unexpected event requiring a modification of the approved closure plan.b. The written notification or request must include a copy of the amended closure plan for review or approval by the department. The department will approve, disapprove, or modify this amended plan in accordance with the procedures in sections 33-24-07-51 and 33-24-06-85.4. Notification before final closure. a. The owner or operator must notify the department in writing at least forty-five days before the date that the owner or operator expects to begin final closure of a treatment or storage tank, container storage area, or containment building.b. The date when the owner or operator expects to begin closure must be no later than thirty days after the date that any hazardous waste management unit receives the known final volume of hazardous wastes.c. If the facility's permit is terminated, or if the facility is otherwise ordered, by judicial decree or final order under North Dakota Century Code section 23-20.3-08, to cease receiving hazardous wastes or to close, then the requirements of this subsection do not apply. However, the owner or operator must close the facility following the deadlines established in section 33-24-05-1045.N.D. Admin Code 33-24-05-1042
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