N.D. Admin Code 69-05.2-19-02 - Performance standards - Waste materials - Permanent disposal of coal or commercial leonardite wastes
1. All
coal or commercial leonardite processing waste and waste materials from coal or
commercial leonardite utilization processes and coal conversion facilities to
be permanently disposed of within a permit area and that are required to be
permitted under the solid waste management rules of the North Dakota state
department of health must be disposed of according to those rules and this
chapter.
a. The permittee or operator shall
file application for and design the disposal site as required by the state
department of health and concurrently submit a copy of the application to the
commission.
b. The permittee or
operator shall also submit to the commission a permit revision that will
incorporate the disposal activities into the operations and reclamation plan.
The commission will not approve the revision until the state department of
health issues a solid waste permit.
2. Waste materials covered by this section
must be placed only in excavated pit areas approved by the commission. Prior to
disposal, the operator shall demonstrate, using hydrologic, geotechnical,
physical, and chemical analyses, that disposal of these materials will not:
a. Adversely affect ground water quality and
flow;
b. Create public health
hazards; and
c. Cause instability
in the disposal areas.
3. All permanent coal processing waste
disposal facilities must be designed using current, prudent engineering
practices and meet any design criteria established by the commission. A
qualified registered professional engineer, experienced in the design of
similar earth and waste structures, shall certify the design of the disposal
facility.
Notes
General Authority: NDCC 38-14.1-03
Law Implemented: NDCC 38-14.1-24
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