NDAC 33.1-24-05-06
General inspection requirements
Cite as N.D. Admin. Code ยง 33.1-24-05-06
1.
The owner or operator shall inspect the facility for malfunctions and deterioration, operator
errors, and discharges which may be causing or may lead to release of hazardous waste
constituents to the environment, or a threat to human health. The owner or operator shall
conduct these inspections often enough to identify problems in time to correct them before
they harm human health or the environment.
2.
Schedule requirements.
a.
The owner or operator shall develop and follow a written schedule for inspecting all
monitoring equipment, safety, and emergency equipment, security devices, and
operating and structural equipment (such as dikes and sump pumps) that are important
to preventing, detecting, or responding to environmental or human health hazards.
b.
The owner or operator shall keep this schedule at the facility.
c.
The schedule must identify the types of problems, for example, malfunctions or
deterioration, which are to be looked for during the inspection, for example, inoperative
sump pump, leaking fitting, eroding dike, etc.
d.
The frequency of inspection may vary for the items on the schedule. However, the
frequency should be based on the rate of deterioration of the equipment and the
probability of an environmental or human health incident if the deterioration, malfunction,
or operator error goes undetected between inspections. Areas subject to spills, such as
loading and unloading areas, must be inspected daily when in use. At a minimum, the
inspection schedule must include the items and frequencies called for in sections
33.1-24-05-93, 33.1-24-05-106, 33.1-24-05-108, 33.1-24-05-120, 33.1-24-05-132,
33.1-24-05-150, 33.1-24-05-165, 33.1-24-05-178, 33.1-24-05-302, 33.1-24-05-403,
33.1-24-05-422, 33.1-24-05-423, 33.1-24-05-428, and 33.1-24-05-453 through
33.1-24-05-459, where applicable.
3.
The owner or operator shall remedy any deterioration or malfunction of equipment or
structures which the inspection reveals on a schedule which ensures that the problem does
not lead to an environmental or human health hazard. Where a hazard is imminent or has
already occurred, remedial action must be taken immediately.
4.
The owner or operator shall record inspections in an inspection log or summary. The owner or
operator shall keep these records for at least three years from the date of inspection. At a
minimum, these records must include the date and time of the inspection, the name of the
inspector, a notation of the observations made, and the date and nature of any repairs or other
remedial actions.