NDAC 33.1-24-05-58
Corrective action for solid waste management units
Cite as N.D. Admin. Code ยง 33.1-24-05-58
1.
The owner or operator of a facility seeking a permit for the treatment, storage, or disposal of
hazardous waste must institute corrective action as necessary to protect human health and
the environment for all releases of hazardous waste or constituents from any solid waste
management unit at the facility, regardless of the time at which waste was placed in such unit.
2.
Corrective action will be specified in the permit in accordance with this section and sections
33.1-24-05-550 through 33.1-24-05-559. The permit will contain schedules of compliance for
such corrective action (where such corrective action cannot be completed prior to issuance of
the permit) and assurances of financial responsibility for completing such corrective action.
3.
The owner or operator must implement corrective actions beyond the facility property
boundary, where necessary to protect human health and the environment, unless the owner or
operator demonstrates to the satisfaction of the department that, despite the owner's or
operator's best efforts, the owner or operator was unable to obtain the necessary permission
to undertake such actions. The owner or operator is not relieved of all responsibility to clean
up a release that has migrated beyond the facility boundary where offsite access is denied.
Onsite measures to address such releases will be determined on a case-by-case basis.
Assurances of financial responsibility for such corrective action must be provided.
4.
This section does not apply to remediation waste management sites unless they are part of a
facility subject to a permit for treating, storing, or disposing of hazardous wastes that are not
remediation wastes.