Operating criteria

1. Air criteria. a. The owner or operator of a CCR landfill, CCR surface impoundment, or any lateral expansion of a CCR unit shall adopt measures that will effectively minimize CCR from becoming airborne at the facility, including CCR fugitive dust originating from CCR units, roads, and other CCR management and material handling activities. b. The CCR fugitive dust control plan. The owner or operator of the CCR unit shall prepare and operate in accordance with a CCR fugitive dust control plan as specified in paragraphs 1 through 6. This requirement applies in addition to, not in place of, any applicable standards under the Occupational Safety and Health Act. (1) The CCR fugitive dust control plan shall identify and describe the CCR fugitive dust control measures the owner or operator will use to minimize CCR from becoming airborne at the facility. The owner or operator shall select, and include in the CCR fugitive dust control plan, the CCR fugitive dust control measures that are most appropriate for site conditions, along with an explanation of how the measures selected are applicable and appropriate for site conditions. Examples of control measures that may be appropriate include: Locating CCR inside an enclosure or partial enclosure; operating a water spray or fogging system; reducing fall distances at material drop points; using wind barriers, compaction, or vegetative covers; establishing and enforcing reduced vehicle speed limits; paving and sweeping roads; covering trucks transporting CCR; reducing or halting operations during high wind events; or applying a daily cover. (2) If the owner or operator operates a CCR landfill or any lateral expansion of a CCR landfill, the CCR fugitive dust control plan must include procedures to emplace CCR as conditioned CCR. Conditioned CCR means wetting CCR with water to a moisture content that will prevent wind dispersal but will not result in free liquids. In lieu of water, CCR conditioning may be accomplished with an appropriate chemical dust suppression agent. (3) The CCR fugitive dust control plan must include procedures to log citizen complaints received by the owner or operator involving CCR fugitive dust events at the facility. (4) The CCR fugitive dust control plan must include a description of the procedures the owner or operator will follow to periodically assess the effectiveness of the control plan. (5) The owner or operator of an existing CCR unit shall include an initial CCR fugitive dust control plan for the facility with the application for a permit. For new CCR units or lateral expansions of CCR units, the fugitive dust control plan must be included with the application for a new permit or permit modification. The owner or operator has completed the initial CCR fugitive dust control plan if the plan has been approved by the department and placed in the facility's operating record. (6) Amendment of the plan. The owner or operator of a CCR unit subject to the requirements of this section may amend the written CCR fugitive dust control plan at any time with approval by the department, provided the revised plan is placed in the facility's operating record. The owner or operator shall amend the written plan whenever there is a change in conditions that would substantially affect the written plan in effect, such as the construction and operation of a new CCR unit. c. Annual CCR fugitive dust control report. The owner or operator of a CCR unit shall prepare an annual CCR fugitive dust control report that includes a description of the actions taken by the owner or operator to control CCR fugitive dust, a record of all citizen complaints, and a summary of any corrective measures taken. The annual CCR fugitive dust control report must be included with the facility's annual report required by subsection 4 of section 33.1-20-04.1-04. For purposes of this subdivision, the owner or operator has completed the annual CCR fugitive dust control report if the annual report has been submitted to the department and placed in the facility's operating record. 2. Run-on and runoff controls for CCR landfills. a. The owner or operator of an existing or new CCR landfill or any lateral expansion of a CCR landfill shall design, construct, operate, and maintain: (1) A run-on control system to prevent flow onto the active portion of the CCR unit during the peak discharge from a twenty-four-hour, twenty-five-year storm; and (2) A run-off control system from the active portion of the CCR unit to collect and control at least the water volume resulting from a twenty-four-hour, twenty-five-year storm. b. Run-off from the active portion of the CCR unit must be handled in accordance with the surface water requirements in chapters 33.1-16-01 and 33.1-16-02.1. c. Run-on and run-off control system plan: (1) Content of the plan. The owner or operator shall prepare initial and periodic run-on and run-off control system plans for the CCR unit according to the time frames specified in this subsection. These plans must document how the run-on and run-off control systems have been designed and constructed to meet the applicable requirements of this subsection. Each plan must be supported by appropriate engineering calculations. The owner or operator has completed the initial run-on and run-off control system plan if the plan has been approved by the department and placed in the facility's operating record. (2) Amendment of the plan. The owner or operator may amend the written run-on and run-off control system plan at any time provided the revised plan is placed in the facility's operating record. The owner or operator shall amend the written run-on and run-off control system plan whenever there is a change in conditions that would substantially affect the written plan in effect. (3) Time frames for preparing the initial plan. (a) Existing CCR landfills. The owner or operator of the CCR unit shall include the initial run-on and run-off control system plan with the application for a permit. (b) New CCR landfills and any lateral expansion of a CCR landfill. The owner or operator shall include the initial run-on and run-off control system plan with the application for a new permit or permit modification. (4) Frequency for revising the plan. The owner or operator of the CCR unit shall prepare periodic run-on and run-off control system plans required by paragraph 1 every five years. The date of completing the initial plan is the basis for establishing the deadline to complete the first subsequent plan. The owner or operator may complete any required plan prior to the required deadline provided the owner or operator places the completed plan into the facility's operating record within a reasonable amount of time. In all cases, the deadline for completing a subsequent plan is based on the date of completing the previous plan. The owner or operator has completed a periodic run-on and run-off control system plan when the plan has been approved by the department and placed in the facility's operating record. 3. Hydrologic and hydraulic capacity requirements for CCR surface impoundments. a. The owner or operator of an existing or new CCR surface impoundment or any lateral expansion of a CCR surface impoundment shall design, construct, operate, and maintain an inflow design flood control system as specified in paragraphs 1 and 2. (1) The inflow design flood control system must adequately manage flow into the CCR unit during and following the peak discharge of the inflow design flood specified in paragraph 3. (2) The inflow design flood control system must adequately manage flow from the CCR unit to collect and control the peak discharge resulting from the inflow design flood specified in paragraph 3. (3) The inflow design flood is: (a) For a high-hazard potential CCR surface impoundment, as determined under subdivision a of subsection 3 of section 33.1-20-08-04, the probable maximum flood; (b) For a significant-hazard potential CCR surface impoundment, as determined under subdivision a of subsection 3 of section 33.1-20-08- 04, the one thousand-year flood; (c) For a low-hazard potential CCR surface impoundment, as determined under subdivision a of subsection 3 of section 33.1-20-08-04, the one hundred-year flood; or (d) For an incised CCR surface impoundment, the twenty-five-year flood. b. Discharge from the CCR unit must be handled in accordance with the surface water requirements under chapters 33.1-16-01 and 33.1-16-02.1. c. Inflow design flood control system plan: (1) Content of the plan. The owner or operator shall prepare initial and periodic inflow design flood control system plans for the CCR unit according to the time frames specified in this subdivision. These plans must document how the inflow design flood control system has been designed and constructed to meet the requirements of this section. Each plan must be supported by appropriate engineering calculations. The owner or operator of the CCR unit has completed the inflow design flood control system plan when the plan has been approved by the department and placed in the facility's operating record. (2) Amendment of the plan. The owner or operator of the CCR unit may amend the written inflow design flood control system plan at any time provided the revised plan is approved by the department and placed in the facility's operating record. The owner or operator must amend the written inflow design flood control system plan whenever there is a change in conditions that would substantially affect the written plan in effect. (3) Time frames for preparing the initial plan: (a) Existing CCR surface impoundments. The owner or operator of the CCR unit shall include the initial inflow design flood control system plan with the application for a permit. (b) New CCR surface impoundments and any lateral expansion of a CCR surface impoundment. The owner or operator shall include the initial inflow design flood control system plan with the application for a new permit or permit modification. (4) Frequency for revising the plan. The owner or operator shall prepare periodic inflow design flood control system plans every five years. The date of completing the initial plan is the basis for establishing the deadline to complete the first periodic plan. The owner or operator may complete any required plan prior to the required deadline provided the owner or operator places the completed plan into the facility's operating record within a reasonable amount of time. In all cases, the deadline for completing a subsequent plan is based on the date of completing the previous plan. For purposes of this paragraph, the owner or operator has completed an inflow design flood control system plan if the plan has been approved by the department and placed in the facility's operating record. 4. Inspection requirements for CCR surface impoundments. a. Inspections by a qualified person. (1) All CCR surface impoundments and any lateral expansion of a CCR surface impoundment must be examined by a qualified person as follows: (a) Inspect at least once each calendar week for any appearances of actual or potential structural weakness and other conditions which are disrupting or have the potential to disrupt the operation or safety of the CCR unit; (b) Inspect at least once each calendar week the discharge of all outlets of hydraulic structures which pass underneath the base of the surface impoundment or through the dike of the CCR unit for abnormal discoloration, flow, or discharge of debris or sediment; and (c) Monitor at least once each calendar month all CCR unit instrumentation. (d) The results of the inspection by a qualified person must be recorded in the facility's operating record. (2) Time frames for inspections by a qualified person. (a) Existing CCR surface impoundments. The owner or operator of the CCR unit shall initiate the inspections by a qualified person no later than one week after July 1, 2020, for weekly inspections and one month after July 1, 2020, for monthly inspections. (b) New CCR surface impoundments and any lateral expansion of a CCR surface impoundment. The owner or operator of the CCR unit shall initiate the inspections by a qualified person upon initial receipt of CCR by the CCR unit. b. Annual inspections by a qualified professional engineer. (1) If the existing or new CCR surface impoundment or any lateral expansion of the CCR surface impoundment is subject to the periodic structural stability assessment requirements under subdivision d subsection 3 of section 33.1- 20-08-04, the CCR unit must additionally be inspected on a periodic basis by a qualified professional engineer to ensure the design, construction, operation, and maintenance of the CCR unit is consistent with recognized and generally accepted good engineering practices. The inspection, at a minimum, must include: (a) A review of available information regarding the status and condition of the CCR unit, including files available in the operating record (e.g., CCR unit design and construction information, previous periodic structural stability assessments, the results of inspections by a qualified person, and results of previous annual inspections); (b) A visual inspection of the CCR unit to identify signs of distress or malfunction of the CCR unit and appurtenant structures; and (c) A visual inspection of any hydraulic structures underlying the base of the CCR unit or passing through the dike of the CCR unit for structural integrity and continued safe and reliable operation. (2) Inspection report. The qualified professional engineer shall prepare a report following each inspection that addresses: (a) Any changes in geometry of the impounding structure since the previous annual inspection; (b) The location and type of existing instrumentation and the maximum recorded readings of each instrument since the previous annual inspection; (c) The approximate minimum, maximum, and present depth and elevation of the impounded water and CCR since the previous annual inspection; (d) The storage capacity of the impounding structure at the time of the inspection; (e) The approximate volume of the impounded water and CCR at the time of the inspection; (f) Any appearances of an actual or potential structural weakness of the CCR unit, in addition to any existing conditions that are disrupting or have the potential to disrupt the operation and safety of the CCR unit and appurtenant structures; and (g) Any other changes which may have affected the stability or operation of the impounding structure since the previous annual inspection. (3) Time frames for conducting the initial inspection. (a) Existing CCR surface impoundments. The owner or operator of the CCR unit shall complete the initial inspection by a qualified professional engineer no later than one year after July 1, 2020. (b) New CCR surface impoundments and any lateral expansion of a CCR surface impoundment. The owner or operator of the CCR unit shall complete the initial annual inspection by a qualified professional engineer no later than fourteen months following the date of initial receipt of CCR in the CCR unit. (4) Frequency of inspections. (a) Except as provided for in subparagraph b, the owner or operator of the CCR unit shall conduct the inspections required in this section on an annual basis. The date of completing the initial inspection report is the basis for establishing the deadline to complete the first subsequent inspection. Any required inspection may be conducted prior to the required deadline provided the owner or operator places the completed inspection report into the facility's operating record within a reasonable amount of time. In all cases, the deadline for completing subsequent inspection reports is based on the date of completing the previous inspection report. For purposes of this paragraph, the owner or operator has completed an inspection if the inspection report has been submitted to the department and placed in the facility's operating record. (b) In any calendar year in which both the periodic inspection by a qualified professional engineer and the quinquennial (occurring every five years) structural stability assessment by a qualified professional engineer required by subdivision d of subsection 3 of section 33.1-20-08-04 are required to be completed, the annual inspection is not required, provided the structural stability assessment is completed during the calendar year. In the year following the quinquennial structural stability assessment, the deadline for completing the next annual inspection is one year from the date of completing the quinquennial structural stability assessment. (5) If a deficiency or release is identified during an inspection, the owner or operator shall notify the department and remedy the deficiency or release in accordance with applicable requirements in subsections 6 through 8 of section 33.1-20-08-06. 5. Inspection requirements for CCR landfills. a. Inspections by a qualified person. (1) All CCR landfills and any lateral expansion of a CCR landfill must be examined by a qualified person as follows: (a) Inspect weekly for any appearances of actual or potential structural weakness and other conditions that are disrupting or have the potential to disrupt the operation or safety of the CCR unit; and (b) The results of the inspection by a qualified person must be recorded in the facility's operating record. (2) Time frames for inspections by a qualified person. (a) Existing CCR landfills. The owner or operator of the CCR unit shall initiate the inspections by a qualified person no later than one week after July 1, 2020. (b) New CCR landfills and any lateral expansion of a CCR landfill. The owner or operator of the CCR unit shall initiate the inspections by a qualified person upon initial receipt of CCR by the CCR unit. b. Annual inspections by a qualified professional engineer. (1) Existing and new CCR landfills and any lateral expansion of a CCR landfill must be inspected on a periodic basis by a qualified professional engineer to ensure that the design, construction, operation, and maintenance of the CCR unit is consistent with recognized and generally accepted good engineering practices. The inspection must, at a minimum, include: (a) A review of available information regarding the status and condition of the CCR unit, including files available in the operating record (e.g., the results of inspections by a qualified person, and results of previous annual inspections); and (b) A visual inspection of the CCR unit to identify signs of distress or malfunction of the CCR unit. (2) Inspection report. The qualified professional engineer shall prepare a report following each inspection that addresses the following: (a) Any changes in geometry of the structure since the previous annual inspection; (b) The approximate volume of CCR contained in the unit at the time of the inspection; (c) Any appearances of an actual or potential structural weakness of the CCR unit, in addition to any existing conditions that are disrupting or have the potential to disrupt the operation and safety of the CCR unit; and (d) Any other changes which may have affected the stability or operation of the CCR unit since the previous annual inspection. (3) Time frames for conducting the initial inspection. (a) Existing CCR landfills. The owner or operator of the CCR unit shall complete the initial inspection by a qualified professional engineer no later than one year after July 1, 2020. (b) New CCR landfills and any lateral expansion of a CCR landfill. The owner or operator of the CCR unit shall complete the initial annual inspection by a qualified professional engineer no later than fourteen months following the date of initial receipt of CCR in the CCR unit. (4) Frequency of inspections. The owner or operator of the CCR unit shall conduct the inspection required by this subdivision on an annual basis. The date of completing the initial inspection report is the basis for establishing the deadline to complete the first subsequent inspection. Any required inspection may be conducted prior to the required deadline provided the owner or operator places the completed inspection report into the facility's operating record within a reasonable amount of time. In all cases, the deadline for completing subsequent inspection reports is based on the date of completing the previous inspection report. For purposes of this paragraph, the owner or operator has completed an inspection if the inspection report has been submitted to the department and placed in the facility's operating record. (5) If a deficiency or release is identified during an inspection, the owner or operator shall notify the department and remedy the deficiency or release in accordance with applicable requirements in subsections 6 through 8 of section 33.1-20-08-06.