Waste treatment

The department may require the treatment of a solid waste which may have incompatible characteristics with another solid waste prior to or during codisposal or which may produce a constituent in the waste's laboratory extract or leachate that exceeds twenty percent of a toxicity standard provided by section 33.1-24-02-14 or ten parts per million polychlorinated biphenols. The department must consider factors such as the site hydrogeological characteristics, toxicity of the waste, anticipated leachate quality, mobility of waste constituents, fate of leachate constituents during migration, potential site capacity, or local uses of waters of the state. 1. Treatment, when performed, must reduce: a. Toxicity of the waste; b. The mobility of constituents contained in or derived from the waste into leachate; or c. Both the toxicity and mobility. 2. When treatment is required, the generator of the solid waste or the owner or operator of the facility at which the waste would be treated must provide a demonstration of the treatment technology for approval by the department. 3. An owner or operator may propose and demonstrate treatment of solid waste so as to remove or separate toxic materials or constituents from the waste prior to disposal. In evaluating the demonstration, the department shall consider such factors as technical feasibility; the proposed management of the removed or separated waste materials or constituents; the physical, chemical, and biological processes affecting fate and transport; relative degree of removal of the toxic materials or constituents; or the resulting characteristics of the waste or leachate. If the treatment achieves leachate concentrations of constituents in or derived from the remaining waste which are less than the standards of article 33.1-16, the department may reduce or waive one or more of the criteria of this article which are enumerated in one or more of the following subdivisions: a. The liner or hydraulic barrier. b. The leachate removal system. c. The site efficiency for collection or rejection of precipitation that falls on the landfill. d. The ground water monitoring plan and system. e. The plan of operation. f. The postclosure plan and postclosure period. g. Recordkeeping and reporting.