Section 33-24-08-54 - Free product removal At sites where investigations under subdivision f of subsection 1 of section 33-24-08-52 indicate the presence of free product, owners and operators must remove free product to the maximum extent practicable as determined by the department while continuing, as necessary, any actions initiated under sections 33-24-08-51 through 33-24-08-53, or preparing for actions required under sections 33-24-08-55 and 33-24-08-56. In meeting the requirements of this section, owners and operators must:
1. Conduct free product removal in a manner that minimizes the spread of contamination into previously uncontaminated zones by using recovery and disposal techniques appropriate to the hydrogeologic conditions at the site, and that properly treats, discharges, or disposes of recovery byproducts in compliance with applicable local, state, and federal regulations; 2. Use abatement of free product migration as a minimum objective for the design of the free product removal systems; 3. Handle any flammable products in a safe and competent manner to prevent fires or explosions; and 4. Unless directed to do otherwise by the department, prepare and submit to the department, within forty-five days after confirming a release, a free product removal report that provides at least the following information: a. The name of the persons responsible for implementing the free product removal measures; b. The estimated quantity, type, and thickness of free product observed or measured in wells, boreholes, and excavations; c. The type of free product recovery system used; d. Whether any discharge will take place onsite or offsite during the recovery operation and where this discharge will be located; e. The type of treatment applied to, and the effluent quality expected from, any discharge; f. The steps that have been or are being taken to obtain necessary permits for any discharge; and g. The disposition of the recovered free product. N.D. Admin Code 33-24-08-54
Effective December 1, 1989.General Authority: NDCC 23-20.3-03, 23-20.3-04.1
Law Implemented: NDCC 23-20.3-04.1