Section 33-24-05-135 - Closure and postclosure care1. At closure, the owner or operator must remove or decontaminate all waste residue, 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.2. If, after removing or decontaminating all residues and making all reasonable efforts to affect removal or decontamination of contaminated components, subsoils, structures, and equipment as required in subsection 1, the owner or operator finds that not all contaminated subsoils can be practicably removed or decontaminated, the owner or operator shall close the facility and perform postclosure care in accordance with the closure and postclosure care requirements that apply to landfills (section 33-24-05-180).3. In addition: a. The owner or operator of a waste pile that does not comply with the liner requirements of subdivision a of subsection 1 of section 33-24-05-131 and is not exempt from them in accordance with subsection 3 of section 33-24-05-130 or subsection 6 of section 33-24-05-131, shall: (1) Include in the closure plan for the pile under section 33-24-05-61 both a plan for complying with subsection 1 and a contingent plan for complying with subsection 2 in case not all contaminated subsoil can be practicably removed at closure; and(2) Prepare a contingent postclosure plan under section 33-24-05-67 for complying with subsection 2 in case not all contaminated subsoil can be practicably removed at closure.b. The cost estimates calculated under section 33-24-05-76 for closure and postclosure care of a pile subject to this subsection 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 subsection 1.N.D. Admin Code 33-24-05-135
Effective January 1, 1984; amended effective December 1, 1988.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