Surface impoundment exemptions

1. This section defines additional circumstances under which an otherwise prohibited waste may continue to be placed in a surface impoundment. 2. Wastes that are newly identified or listed under section 3001 after November 8, 1984, and stored in a surface impoundment that is newly subject to article 33.1-24 as a result of the additional identification or listing, may continue to be stored in the surface impoundment for forty-eight months after the promulgation of the additional listing or characteristic, notwithstanding that the waste is otherwise prohibited from land disposal, provided that the surface impoundment is in compliance with the requirements of subsection 5 of section 33.1-24-06-16 (subpart F of part 265 of 40 CFR) within twelve months after promulgation of the new listing or characteristic. 3. Wastes that are newly identified or listed under section 3001 after November 8, 1984, and treated in a surface impoundment that is newly subject to article 33.1-24 as a result of the additional identification or listing, may continue to be treated in that surface impoundment, notwithstanding that the waste is otherwise prohibited from land disposal, provided that surface impoundment is in compliance with the requirements of subsection 5 of section 33.1-24-06-16 (subpart F of part 265 of 40 CFR) within twelve months after the promulgation of the new listing or characteristic. In addition, if the surface impoundment continues to treat hazardous waste after forty-eight months from promulgation of the additional listing or characteristic, it must then be in compliance with section 33.1-24-05-253.