Section 33-24-05-122 - Closure and postclosure care1. At closure, the owner or operator shall: a. Remove or decontaminate all waste residues, contaminated containment system components (liners, etc.), contaminated subsoils, and structures and equipment contaminated with waste and leachate, and manage them as hazardous waste unless subsection 4 of section 33-24-02-03 applies; or b. Comply with the following: (1) Eliminate free liquids by removing liquid wastes or solidifying the remaining wastes and waste residues;(2) Stabilize remaining wastes to a bearing capacity sufficient to support final cover; and(3) Cover the surface impoundment with a final cover designed and constructed to: (a) Provide long-term minimization of the migration of liquids through the closed impoundment;(b) Function with minimum maintenance;(c) Promote drainage and minimize erosion or abrasion of the final cover;(d) Accommodate settling and subsidence so that the cover's integrity is maintained; and(e) Have a permeability less than or equal to the permeability of any bottom liner system or natural subsoils present.2. If some waste residues or contaminated materials are left in place at final closure, the owner or operator shall comply with all postclosure requirements contained in sections 33-24-05-66 through 33-24-05-69, including maintenance and monitoring throughout the postclosure care period (specified in the permit under section 33-24-05-66). The owner or operator shall: a. Maintain the integrity and effectiveness of the final cover, including making repairs to the cap as necessary to correct the effects of settling, subsidence, erosion, or other events;b. Maintain and monitor the leak detection system in accordance with paragraph 4 of subdivision b of subsection 3 of section 33-24-05-119, subdivision c of subsection 3 of section 33-24-05-119, and subsection 4 of section 33-24-05-120, and comply with all other applicable leak detection system requirements of sections 33-24-05-118 through 33-24-05-129; c. Maintain and monitor the ground water monitoring system and comply with all other applicable requirements of sections 33-24-05-47 through 33-24-05-58; andd. Prevent run-on and runoff from eroding or otherwise damaging the final cover.3. The owner or operator shall also meet the following requirements: a. If an owner or operator plans to close a surface impoundment in accordance with subdivision a of subsection 1, and the impoundment does not comply with the liner requirements of subsection 1 of section 33-24-05-119 and is not exempt from them in accordance with subsection 2 of that section, then: (1) The closure plan for the impoundment under section 33-24-05-61 must include both a plan for complying with subdivision a of subsection 1 and a contingent plan for complying with subdivision b of subsection 1 in case not all contaminated subsoils can be practicably removed at closure; and(2) The owner or operator shall prepare a contingent postclosure plan under section 33-24-05-67 for complying with subsection 2 in case not all contaminated subsoils can be practicably removed at closure. b. The cost estimates calculated under section 33-24-05-76 for closure and postclosure care of an impoundment subject to this section must include the cost of complying with the contingent closure plan and the contingent postclosure plan, but are not required to include the cost of expected closure under subdivision a of subsection 1.N.D. Admin Code 33-24-05-122
Effective October 1, 1986; amended effective December 1, 1988; July 1, 1997; December 1, 2003.General Authority: NDCC 23-20.3-03
Law Implemented: NDCC 23-20.3-03, 23-20.3-04