Section 33-24-05-1136 - Detection of releasesThroughout the active life of the containment building, if a condition that could lead to or has caused a release of hazardous waste is detected, the owner or operator must repair the condition promptly, in accordance with the following procedures:
1. Upon detection of a condition that has lead to a release of hazardous waste (for example, upon detection of leakage from the primary barrier), the owner or operator must: a Enter a record of the discovery in the facility operating record;b. Immediately remove the portion of the containment building affected by the condition from service;c. Determine what steps must be taken to repair the containment building, to remove any leakage from the secondary collection system, and to establish a schedule for accomplishing the cleanup and repairs; andd. Within seven days after the discovery of the condition, notify the department of the condition, and within fourteen working days, provide a written notice to the department with a description of the steps taken to repair the containment building, and the schedule for accomplishing the work.2. The department will review the information submitted, make a determination regarding whether the containment building must be removed from service completely or partially until repairs and cleanup are complete, and notify the owner or operator of the determination and the underlying rationale in writing.3. Upon completing all repairs and cleanup, the owner or operator must notify the department in writing and provide a verification, signed by a qualified professional engineer, that the repairs and cleanup have been completed according to the written plan submitted in accordance with subdivision d of subsection 1.N.D. Admin Code 33-24-05-1136
Adopted 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