N.D. Admin. Code 33.1-24-06-35

Current through Supplement No. 394, October, 2024

Section 33.1-24-06-35 - Remedial action plans for offsite locations

For offsite locations:

1. The owner or operator may request a remedial action plan for remediation waste management activities at a location removed from the area where the remediation wastes originated if the owner or operator believes such a location would be more protective than the contaminated area or areas in close proximity.

2. If the department determines that an alternative location, removed from the area where the remediation waste originated, is more protective than managing remediation waste at the area of contamination or areas in close proximity, then the department may approve a remedial action plan for this alternative location.

3. The owner or operator must request the remedial action plan, and the department will approve or deny the remedial action plan, according to the procedures and requirements in sections 33.1-24-06-30 through 33.1-24-06-35.

4. A remedial action plan for an alternative location must also meet the following requirements, which the department must include in the remedial action plan for such locations:

a. The remedial action plan for the alternative location must be issued to the person responsible for the cleanup from which the remediation wastes originated;

b. The remedial action plan is subject to the expanded public participation requirements in sections 33.1-24-07-25 through 33.1-24-07-27; and

c. The remedial action plan is subject to the public notice requirements in subsection 3 of section 33.1-24-07-06.

5. These alternative locations are remediation waste management sites and retain the following benefits of remediation waste management sites:

a. Exclusion from facility wide corrective action under section 33.1-24-05-58; and

b. Application of subsection 10 of section 33.1-24-05-01 in lieu of sections 33.1-24-05-02 through 33.1-24-05-36.

N.D. Admin Code 33.1-24-06-35

Adopted by Administrative Rules Supplement 370, October 2018, effective 1/1/2019.

General Authority: NDCC 23.1-04-03; S.L. 2017, ch. 199, § 1

Law Implemented: NDCC 23.1-04-03, 23.1-04-05, 23.1-04-08; S.L. 2017, ch. 199, § 19