Section 33-24-05-1045 - Closure - Time allowed for closure1. Within ninety days after the final volume of hazardous waste is sent to a unit, the owner or operator must treat or remove from the unit all hazardous wastes following the approved closure plan.2. The owner or operator must complete final closure activities in accordance with the approved closure plan within one hundred eighty days after the final volume of hazardous wastes is sent to the unit. The department may approve an extension of one hundred eighty days to the closure period if the owner or operator complies with all applicable requirements for requesting a modification to the permit and demonstrates that: a. The final closure activities will take longer than one hundred eighty days to complete due to circumstances beyond the owner's or operator's control, excluding ground water contamination;b. The owner or operator has taken and will continue to take all steps to prevent threats to human health and the environment from the unclosed, but not operating hazardous waste management unit or facility, including compliance with all applicable permit requirements; and c. The demonstration must be made at least thirty days prior to the expiration of the initial one hundred eighty-day period.3. Nothing in this section precludes the owner or operator from removing hazardous wastes and decontaminating or dismantling equipment in accordance with the approved final closure plan at any time before or after notification of final closure.N.D. Admin Code 33-24-05-1045
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