Remedial action plans - General information

1. General information. a. A remedial action plan is a special form of hazardous waste permit that an owner or operator may obtain, instead of a permit issued under sections 33.1-24-06-01 through 33.1-24-06-15, 33.1-24-06-17, 33.1-24-06-18, subsections 1 through 4 of section 33.1-24-06-19, and section 33.1-24-06-20, to authorize the owner or operator to treat, store, or dispose of hazardous remediation waste (as defined in section 33.1-24-01-04) at a remediation waste management site. A remedial action plan may only be issued for the area of contamination where the remediation wastes to be managed under the remedial action plan originated, or areas in close proximity to the contaminated area, except as allowed in limited circumstances under subsection 1 of section 33.1-24-06-35. b. The requirements in sections 33.1-24-06-01 through 33.1-24-06-15, 33.1-24-06-17, 33.1-24-06-18, subsections 1 through 4 of section 33.1-24-01-19, and section 33.1-24-06-20 do not apply to remedial action plans unless those requirements for traditional hazardous waste permits are specifically required under sections 33.1-24-06-30 through 33.1-24-06-35. c. Notwithstanding any other provision of chapter 33.1-24-06 or 33.1-24-07, any document that meets the requirements in this section constitutes a hazardous waste permit under North Dakota Century Code section 23.1-04-08. d. A remedial action plan may be: (1) A stand-alone document that includes only the information and conditions required by sections 33.1-24-06-30 through 33.1-24-06-35; or (2) Part or parts of another document that includes information or conditions, or both, for other activities at the remediation waste management site, in addition to the information and conditions required by sections 33.1-24-06-30 through 33.1-24-06-35. e. If the owner or operator is treating, storing, or disposing of hazardous remediation wastes as part of a cleanup compelled by federal or state cleanup authorities, the remedial action plan does not affect the owner's or operator's obligations under those authorities in any way. f. If the owner or operator receives a remedial action plan at a facility operating under interim status, the remedial action plan does not terminate interim status. 2. A remedial action plan is necessary when: a. Whenever the owner or operator treats, stores, or disposes of hazardous remediation wastes in a manner that requires a hazardous waste permit, the owner or operator must either obtain: (1) A hazardous waste permit according to sections 33.1-24-06-01 through 33.1-24-06-15, 33.1-24-06-17, 33.1-24-06-18, subsections 1 through 4 of section 33.1-24-06-19, and section 33.1-24-06-20; or (2) A remedial action plan according to sections 33.1-24-06-30 through 33.1-24-06-35. b. Treatment units that use combustion of hazardous remediation wastes at a remediation waste management site are not eligible for remedial action plans under sections 33.1-24-06-30 through 33.1-24-06-35. c. The owner or operator may obtain a remedial action plan for managing hazardous remediation waste at an already permitted hazardous waste facility. The owner or operator must have these remedial action plans approved as a modification to an existing permit according to the requirements of section 33.1-24-06-12 or 33.1-24-06-14 instead of the requirements in sections 33.1-24-06-30 through 33.1-24-06-35. When the owner or operator submits an application for such a modification, however, the information requirements in paragraph 1 of subdivision a of subsection 1, paragraph 4 of subdivision a of subsection 2, and paragraph 4 of subdivision a of subsection 3 of section 33.1-24-06-14 do not apply; instead, the owner or operator must submit the information required under subsection 4 of section 33.1-24-06-31. When the permit is modified, the remedial action plan becomes part of the hazardous waste permit. Therefore, when a permit (including the remedial action plan portion) is modified, revoked and reissued, terminated or when it expires, it will be modified according to the applicable requirements in sections 33.1-24-06-11, 33.1-24-06-12, and 33.1-24-06-14, revoked and reissued according to the applicable requirements in sections 33.1-24-06-12 and 33.1-24-06-13, terminated according to the applicable requirements in section 33.1-24-06-13, and expire according to the applicable requirements in sections 33.1-24-06-02 and 33.1-24-06-06. 3. Rights and obligations under a remedial action plan. The provisions of section 33.1-24-06-10 apply to remedial action plans. (Note: The provisions of subsection 1 of section 33.1-24-06-10 provide the owner or operator assurance that, as long as the owner or operator complies with the remedial action plan, the department will consider the owner or operator in compliance with this article and will not take enforcement actions against the owner or operator. However, the owner or operator should be aware of four exceptions to this provision that are listed in section 33.1-24-06-10.)