Treatment surface impoundment exemption

1. Wastes which are otherwise prohibited from land disposal under sections 33.1-24-05-250 through 33.1-24-05-299 may be treated in a surface impoundment or series of impoundments provided that: a. Treatment of such wastes occurs in the impoundments. b. The following conditions are met: (1) Sampling and testing. For wastes with treatment standards in sections 33.1-24-05-280 through 33.1-24-05-289 and prohibition levels in sections 33.1-24-05-266 through 33.1-24-05-279, or both, or Resource Conservation and Recovery Act section 3004(d), the residues from treatment are analyzed, as specified in section 33.1-24-05-256 or 33.1-24-05-272, to determine if the wastes meet the applicable treatment standards or where no treatment standards have been established for the waste, the applicable prohibition levels. The sampling method, specified in the waste analysis plan under section 33.1-24-05-04, must be designed such that representative samples of the sludge and the supernatant are tested separately rather than mixed to form homogeneous samples. (2) Removal. The following treatment residues (including any liquid waste) must be removed at least annually: residues which do not meet the treatment standards promulgated under sections 33.1-24-05-280 through 33.1-24-05-289; residues which do not meet the prohibition levels established under sections 33.1-24-05-266 through 33.1-24-05-279 or imposed by statute (where no treatment standards have been established); residues which are from the treatment of wastes prohibited from land disposal under sections 33.1-24-05-266 through 33.1-24-05-279 (where no treatment standards have been established and no prohibition levels apply); or residues from managing listed wastes which are not delisted under section 33.1-24-01-08. If the volume of liquid flowing through the impoundment or series of impoundments annually is greater than the volume of the impoundment or impoundments, this flowthrough constitutes removal of the supernatant for the purpose of this requirement. (3) Subsequent management. Treatment residues may not be placed in any other surface impoundment for subsequent management. (4) Recordkeeping. Sampling and testing and recordkeeping provisions of section 33.1-24-05-04 apply. c. The impoundment meets the design requirements of subsection 3 of section 33.1-24-05-119, regardless the unit may not be new, expanded, or a replacement, and be in compliance with applicable ground water monitoring requirements of sections 33.1-24-05-47 through 33.1-24-05-58 unless: (1) Exempted pursuant to subsection 4 or 5 of section 33.1-24-05-119; (2) Upon application by the owner or operator, the department, after notice and an opportunity to comment, has granted a waiver of the requirements on the basis that the surface impoundment: (a) Has at least one liner, for which there is no evidence that such liner is leaking; (b) Is located more than one-quarter mile [402.3 meters] from an underground source of drinking water; and (c) Is in compliance with generally applicable ground water monitoring requirements for facilities with permits; or (3) Upon application by the owner or operator, the department, after notice and an opportunity to comment, has granted a modification to the requirements on the basis of a demonstration that the surface impoundment is located, designed, and operated so as to assure that there will be no migration of any hazardous constituent into ground water or surface water at any future time. d. The owner or operator submits to the department a written certification that the requirements of subdivision c of subsection 1 have been met. The following certification is required: I certify under penalty of law that the requirements of subdivision c of subsection 1 of section 33.1-24-05-253 have been met for all surface impoundments being used to treat restricted wastes. I believe that the submitted information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment. 2. Evaporation of hazardous constituents as the principal means of treatment is not considered to be treatment for purposes of an exemption under this section.