Section 33-24-05-965 - General inspection requirements1. The owner or operator must inspect the facility for malfunctions and deterioration, operator errors, and discharges that may be causing, or may lead to: a. Release of hazardous waste constituents to the environment; orb. A threat to human health. The owner or operator must conduct these inspections often enough to identify problems in time to correct them before they result in harm to human health or the environment.2. The owner or operator must develop and follow a written schedule for inspecting, monitoring equipment, safety and emergency equipment, security devices, and operating and structural equipment (such as dikes and sump pumps) that are important to preventing, detecting, or responding to environmental or human health hazards. a. The owner or operator must keep this schedule at the facility.b. The schedule must identify the equipment and devices that will be inspected and what problems will be looked for, such as malfunctions or deterioration of equipment, for example, inoperative sump pump or leaking fitting.c. The frequency of inspections may vary for the items on the schedule. However, the frequency should be based on the rate of deterioration of the equipment and the probability of an environmental or human health incident if the deterioration, malfunction, or any operator error goes undetected between inspections. Areas subject to spills, such as loading and unloading areas, must be inspected daily when in use. At a minimum, the inspection schedule must include the items and frequencies required in sections 33-24-05-1084, 33-24-05-1103, 33-24-05-1105, 33-24-05-1133, 33-24-05-403, 33-24-05-422, 33-24-05-423, 33-24-05-428, and 33-24-05-453 through 33-24-05-459, where applicable.3. The owner or operator must remedy any deterioration or malfunction of equipment or structures that the inspection reveals in time to prevent any environmental or human health hazard. Where a hazard is imminent or has already occurred, remedial action must be taken immediately.4. The owner or operator must record all inspections in an inspection log or summary. The owner or operator must keep these records for at least three years from the date of inspection. At a minimum, these records must include the date and time of the inspection, the name of the inspector, a notation of the observations made, and the date and nature of any repairs or other remedial actions.N.D. Admin Code 33-24-05-965
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