Performance and design criteria

The owner or operator of an inert waste landfill shall comply with these design, construction, and operating standards. 1. Access to the facility must be controlled by lockable gates and a combination of fencing, natural barriers, or artificial barriers. 2. Disposal of the following solid waste into inert waste landfills is prohibited: agricultural waste, asbestos waste, municipal waste, commercial waste, industrial waste, special waste, regulated infectious waste, liquid solid waste, hazardous waste, and radioactive waste. 3. All wastes deposited at the site must be spread and periodically compacted to promote drainage of surface water. 4. All wastes must be covered at least two times per year with a minimum of six inches [15.2 centimeters] of suitable earthen material. a. The department may exempt the owner or operator of the landfill from this requirement based on the type and amount of waste received at the landfill and the site location. b. This requirement does not apply to monofills used solely for bottom ash from coal-fired boilers that are not subject to chapter 33.1-20-08. 5. Inert waste permits must be limited to an area no larger than necessary to properly conduct permitted inert waste disposal activities. The department shall take into consideration each applicant's operating needs and conditions when evaluating this requirement in order to best achieve the purposes of this chapter.