Applicability of waste pile requirements

1. Sections 33.1-24-05-130 through 33.1-24-05-143 apply to owners or operators of facilities that store or treat hazardous waste in piles, except as section 33.1-24-05-01 provides otherwise. 2. Sections 33.1-24-05-130 through 33.1-24-05-143 do not apply to owners and operators of waste piles that are closed with wastes left in place. Such waste piles are subject to regulation under sections 33.1-24-05-176 through 33.1-24-05-190. 3. The owner or operator of any waste pile that is inside or under a structure that provides protection from precipitation so that neither runoff nor leachate is generated is not subject to regulation under section 33.1-24-05-131 or under sections 33.1-24-05-47 through 33.1-24-05-58, provided that: a. Liquids or materials containing free liquids are not placed in the pile; b. The pile is protected from surface water run-on by the structure or in some other manner; c. The pile is designed and operated to control dispersal of the waste by wind, where necessary, by means other than wetting; and d. The pile will not generate leachate through decomposition or other reactions.