Treatment program

1. An owner or operator subject to sections 33.1-24-05-160 through 33.1-24-05-175 shall establish a land treatment program that is designed to ensure that hazardous constituents placed in or on the treatment zone are degraded, transformed, or immobilized within the treatment zone. The department will specify in the facility permit the elements of the treatment program, including: a. The wastes that are capable of being treated at the unit based on a demonstration under section 33.1-24-05-162; b. Design measures and operating practices necessary to maximize the success of degradation, transformation, and the immobilization processes in the treatment zone in accordance with subsection 1 of section 33.1-24-05-163; and c. Unsaturated zone monitoring provisions meeting the requirements of section 33.1-24-05-165. 2. The department will specify in the facility permit the hazardous constituents that must be degraded, transformed, or immobilized under sections 33.1-24-05-160 through 33.1-24-05-175. Hazardous constituents are constituents identified in appendix V of chapter 33.1-24-02 that are reasonably expected to be in or derived from waste placed in or on the treatment zone. 3. The department will specify the vertical and horizontal dimensions of the treatment zone in the facility permit. The treatment zone is the portion of the unsaturated zone below and including the land surface in which the owner or operator intends to maintain the conditions necessary for effective degradation, transformation, or immobilization of hazardous constituents. The maximum depth of the treatment zone must be: a. No more than one and five-tenths meters [5 feet] from the initial soil surface; and b. More than one meter [3 feet] above the seasonal high-water table.