NDAC 33.1-24-05-50
Hazardous constituents
Cite as N.D. Admin. Code § 33.1-24-05-50
1.
The department will specify in the facility permit the hazardous constituents to which the
ground water protection standard of section 33.1-24-05-49 applies. Hazardous constituents
are constituents identified in appendix V of chapter 33.1-24-02 that have been detected in
ground water in the uppermost aquifer underlying a regulated unit and that are reasonably
expected to be in or derived from waste contained in a regulated unit, unless the department
has excluded them under subsection 2.
2.
The department will exclude an appendix V of chapter 33.1-24-02 constituent from the list of
hazardous constituents specified in the facility permit if the department finds that the
constituent is not capable of posing a substantial present or potential hazard to human health
or the environment. In deciding whether to grant an exemption, the department will consider
the following:
a.
Potential adverse effects on ground water quality, considering:
(1)
The physical and chemical characteristics of the waste in the regulated units,
including its potential for migration.
(2)
The hydrogeological characteristics of the facility and surrounding land.
(3)
The quantity of ground water and the direction of ground water flow.
(4)
The proximity and withdrawal rates of ground water users.
(5)
The current and future uses of ground water in the area.
(6)
The existing quality of ground water, including other sources of contamination and
their cumulative impact on the ground water quality.
(7)
The potential for health risks caused by human exposure to waste constituents.
(8)
The potential damage to wildlife, crops, vegetation, and physical structures caused
by exposure to waste constituents.
(9)
The persistence and permanence of the potential adverse effect.
b.
Potential adverse effects on hydraulically connected surface water quality, considering:
(1)
The volume and physical and chemical characteristics of the waste in the regulated
unit.
(2)
The hydrogeological characteristics of the facility and surrounding land.
(3)
The quantity and quality of ground water, and the direction of ground water flow.
(4)
The patterns of rainfall in the region.
(5)
The proximity of the regulated unit to surface water.
(6)
The current and future uses of surface water in the area and any water quality
standards established for those surface waters.
(7)
The existing quality of surface water, including other sources of contamination and
the cumulative impact on surface water quality.
(8)
The potential for health risks caused by human exposure to waste constituents.
(9)
The potential damage to wildlife, crops, vegetation, and physical structures caused
by exposure to waste constituents.
(10)
The persistence and permanence of the potential adverse effects.
3.
In making any determination under subsection 2 about the use of ground water in the area
around the facility, the department will consider any identification of underground sources of
drinking water and exempted aquifers made under provisions of the Safe Drinking Water Act
and 40 CFR 144.8.