NDAC 33.1-24-05-51
Concentration limits
Cite as N.D. Admin. Code § 33.1-24-05-51
1.
The department will specify in the facility permit concentration limits in the ground water for
hazardous constituents established under section 33.1-24-05-50. The concentration of a
hazardous constituent:
a.
May not exceed the background level of that constituent in the ground water at the time
that limit is specified in the permit;
b.
For any of the constituents listed in table 1, may not exceed the respective value given in
that table if the background level of the constituent is below the value given in table 1; or
c.
May not exceed an alternate limit established by the department under subsection 2.
Table 1. Maximum Concentration of Constituents for Ground Water Protection
Constituent
Maximum Concentration
mg/l
Arsenic
0.05
Barium
1.0
Cadmium
0.01
Chromium
0.05
Lead
0.05
Mercury
0.002
Selenium
0.01
Silver
0.05
Endrin (1,2,3,4,10,10-hexachloro-1,7-epoxy-1,4,4a,5,6,7,8,9a-octahydro-1,4-endo, 0.0002
endo-5, 8-dimenthano naphthalene)
Lindane (1,2,3,4,5,6-hexachlorocyclohexane, gamma isomer)
0.004
Methoxychlor (1,1,1-trichloro-2, 2-bis[p-methoxyphenyl] ethane)
0.1
Toxaphene (C10H10Cl8 technical chlorinated camphene, 67-69% chlorine)
0.005
2,4-D (2,4-dichlorophenoxyacetic acid)
0.1
2,4,5-TP silvex (2,4,5-trichlorophen-oxy propionic acid)
0.01
2.
The department will establish an alternate concentration limit for a hazardous constituent if the
department finds that the constituent will not pose a substantial present or potential hazard to
human health or the environment as long as the alternate concentration limit is not exceeded.
In establishing alternate concentration limits, the department will consider the following
factors:
a.
Potential adverse effects on ground water quality, considering:
(1)
The physical and chemical characteristics of the waste in the regulated unit,
including the potential for migration.
(2)
The hydrogeological characteristics of the facility and surrounding land.
(3)
The quantity of ground water and direction of ground water flow.
(4)
The proximity and withdrawal rates of ground water users.
(5)
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 potential adverse effects.
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 waters.
(6)
The current and future uses of surface waters in the area and any water quality
standards established for those surface waters.
(7)
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.