1. 1. Recordkeeping requirements.

1. a. Each owner or operator of a CCR unit subject to the requirements of this chapter shall maintain files of all information required by this section in a written operating record at their facility.

2. b. Unless specified otherwise, each file must be retained for at least five years following the date of each occurrence, measurement, maintenance, corrective action, report, record, or study.

3. c. An owner or operator of more than one CCR unit subject to the provisions of this chapter may comply with the requirements of this section in one recordkeeping system provided the system identifies each file by the name of each CCR unit. The files may be maintained on microfilm, on a computer, on computer disks, on a storage system accessible by a computer, on magnetic tape disks, or on microfiche.

4. d. The owner or operator of a CCR unit subject to this chapter shall submit to the department any demonstration or documentation required by this chapter, if requested.

5. e. Location standards. The owner or operator of a CCR unit subject to this chapter shall place the demonstrations documenting whether or not the CCR unit is in compliance with the requirements under subsections 1 through 5 of section 33.1- 20-08-03, as they become available, in the facility's operating record.

6. f. Design criteria. The owner or operator of a CCR unit subject to this chapter shall place the following information, as it becomes available, in the facility's operating record: 1. (1) The design and construction certifications as required by subdivisions b and c of subsection 1 of section 33.1-20-08-04. 2. (2) The documentation of liner type as required by paragraph 1 of subdivision a of subsection 2 of section 33.1-20-08-04. 3. (3) The design and construction certifications as required by paragraphs 2 and 3 of subdivision b of subsection 2 of section 33.1-20-08-04. 4. (4) Documentation prepared by the owner or operator stating that the permanent identification marker was installed as required by paragraph 1 of subdivision a of subsection 3 of section 33.1-20-08-04. 5. (5) The initial and periodic hazard potential classification assessments as required by paragraph 2 of subdivision a of subsection 3 of section 33.1-20- 08-04. 6. (6) The emergency action plan, and any amendment of the emergency action plan, as required by paragraph 3 of subdivision a of subsection 3 of section 33.1-20- 08-04, except that only the most recent emergency action plan must be maintained in the facility's operating record and publicly accessible CCR website.

1. (7) Documentation prepared by the owner or operator recording the annual face-to-face meeting or exercise between representatives of the owner or operator of the CCR unit and the local emergency responders as required by item 5 of subparagraph a of paragraph 3 of subdivision a of subsection 3 of section 33.1-20-08-04.
2. (8) Documentation prepared by the owner or operator recording all activations of the emergency action plan as required by subparagraph e of paragraph 3 of subdivision a of subsection 3 of section 33.1-20-08-04.
3. (9) The history of construction, including design and construction plans, and any revisions of it, as required by subdivision c of subsection 3 of section 33.1-20-08-04, except that these files must be maintained until the CCR unit completes closure of the unit in accordance with subsection 3 of section 33.1-20-08-07.
4. (10) The initial and periodic structural stability assessments as required by subdivision d of subsection 3 of section 33.1-20-08-04.
5. (11) Documentation detailing the corrective measures taken to remedy the deficiency or release as required by paragraph 2 of subdivision d of subsection 3 of section 33.1-20-08-04.
6. (12) The initial and periodic safety factor assessments as required by paragraph 2 of subdivision e of subsection 3 of section 33.1-20-08-04.g. Operating criteria. The owner or operator of a CCR unit subject to this chapter must place the following information, as it becomes available, in the facility's operating record:- (1) The CCR fugitive dust control plan, and any subsequent amendment of the plan, required by subdivision b of subsection 1 of section 33.1-20-08-05, except that only the most recent control plan must be maintained in the facility's operating record and publicly accessible CCR website.
7. (2) The annual CCR fugitive dust control report required by subdivision c of subsection 1 of section 33.1-20-08-05.
8. (3) The initial and periodic run-on and run-off control system plans as required by subdivision c of subsection 2 of section 33.1-20-08-05.
9. (4) The initial and periodic inflow design flood control system plan as required by subdivision c of subsection 3 of section 33.1-20-08-05.
10. (5) Documentation recording the results of each impoundment inspection and instrumentation monitoring by a qualified person as required by subdivision a of subsection 4 of section 33.1-20-08-05.
11. (6) The periodic impoundment inspection report as required by paragraph 2 of subdivision b of subsection 4 of section 33.1-20-08-05.
12. (7) Documentation detailing the corrective measures taken to remedy the deficiency or release as required by paragraph 5 of subdivision b of subsection 4 of section 33.1-20-08-05 and by paragraph 5 of subdivision b of subsection 5 of section 33.1-20-08-05.

13. (8) Documentation recording the results of the weekly landfill inspection by a qualified person as required by subdivision a of subsection 5 of section 33.1- 20-08-05.

14. (9) The periodic landfill inspection report as required by paragraph 2 of subdivision b of subsection 5 of section 33.1-20-08-05.

15. h. Ground water monitoring and corrective action. The owner or operator of a CCR unit subject to this chapter shall place the following information, as it becomes available, in the facility's operating record:
16. (1) The annual ground water monitoring and corrective action report as required by subdivision e of subsection 1 of section 33.1-20-08-06.
17. (2) Documentation of the design, installation, development, and decommissioning of any monitoring wells; piezometers; and other measurement, sampling, and analytical devices as required by paragraph 1 of subdivision e of subsection 2 of section 33.1-20-08-06.
18. (3) The ground water monitoring system certification as required by subdivision f of subsection 2 of section 33.1-20-08-06.
19. (4) The selection of a statistical method certification as required by paragraph 6 subdivision f of subsection 3 of section 33.1-20-08-06.
20. (5) Within thirty days of establishing an assessment monitoring program, the notification as required by paragraph 3 subdivision e of subsection 4 of section 33.1-20-08-06.
21. (6) The results of appendices I and II to this chapter constituent concentrations as required by paragraph 1 subdivision d of subsection 5 of section 33.1-20-08-06.
22. (7) Within thirty days of returning to a detection monitoring program, the notification as required by subdivision e of subsection 5 of section 33.1-20-08-06.
23. (8) Within thirty days of detecting one or more constituents in appendix II to this chapter at statistically significant levels above the ground water protection standard, the notifications as required by subdivision g of subsection 5 of section 33.1-20-08-06.
24. (9) The completed assessment of corrective measures as required by subdivision d of subsection 6 of section 33.1-20-08-06.
25. (10) Documentation prepared by the owner or operator recording the public meeting for the corrective measures assessment as required by subdivision e of subsection 6 of section 33.1-20-08-06.
26. (11) The semiannual report describing the progress in selecting and designing the remedy and the selection of remedy report as required by subdivision a of subsection 7 of section 33.1-20-08-06, except that the selection of remedy report must be maintained until the remedy has been completed.
27. (12) Within thirty days of completing the remedy, the notification as required by subdivision e of subsection 8 of section 33.1-20-08-06.
28. i. Closure and postclosure care. The owner or operator of a CCR unit subject to this chapter shall place the following information, as it becomes available, in the facility's operating record:

29. (1) The notification of intent to initiate closure of the CCR unit as required by paragraph 1 of subdivision b of subsection 1 of section 33.1-20-08-07 and subdivision g of subsection 3 of section 33.1-20-08-07.

30. (2) The annual progress reports of closure implementation as required by paragraph 2 of subdivision d of subsection 4 of section 33.1-20-08-07.

31. (3) The notification of closure completion as required by subdivision h of subsection 3 of section 33.1-20-08-07.
32. (4) The written closure plan, and any amendment of the plan, as required by subdivision b of subsection 3 of section 33.1-20-08-07, except that only the most recent closure plan must be maintained in the facility's operating record and publicly accessible CCR website.
33. (5) The written demonstrations, including the certification required by paragraph 3 of subdivision e of subsection 3 of section 33.1-20-08-07, for a time extension for initiating closure as required by subparagraph c of paragraph 3 of subdivision e of subsection 3 of section 33.1-20-08-07.
34. (6) The written demonstrations, including the certification required by paragraph 4 of subdivision f of subsection 3 of section 33.1-20-08-07, for a time extension for initiating closure as required by subparagraph d of paragraph 2 of subdivision f of subsection 3 of section 33.1-20-08-07.
35. (7) The notification of intent to close a CCR unit as required by subdivision g of subsection 3 of section 33.1-20-08-07.
36. (8) The notification of completion of closure of a CCR unit as required by subdivision h of subsection 3 of section 33.1-20-08-07.
37. (9) The notification recording a notation on the deed as required by subdivision i of subsection 3 of section 33.1-20-08-07.
38. (10) The notification of intent to comply with the alternative closure requirements as required by paragraph 1 of subdivision d of subsection 4 of section 33.1- 20-08-07.
39. (11) The annual progress reports under the alternative closure requirements as required by paragraph 2 of subdivision d of subsection 4 of section 33.1-20- 08-07.
40. (12) The written postclosure plan, and any amendment of the plan, as required by subdivision d of subsection 5 of section 33.1-20-08-07, except that only the most recent closure plan must be maintained in the facility's operating record and publicly accessible CCR website.
41. (13) The notification of completion of postclosure care period as required by subdivision e of subsection 5 of section 33.1-20-08-07.j. Retrofit criteria. The owner or operator of a CCR unit subject to this chapter shall place the following information, as it becomes available, in the facility's operating record:- (1) The written retrofit plan, and any amendment of the plan, as required by paragraph 2 of subdivision j of subsection 3 of section 33.1-20-08-07, except that only the most recent retrofit plan must be maintained in the facility's operating record and publicly accessible CCR website.
42. (2) The notification of intent that the retrofit activities will proceed in accordance with the alternative procedures as required by paragraph 1 of subdivision d of subsection 4 of section 33.1-20-08-07.

(3) The annual progress reports required under the alternative requirements as required by paragraph 2 of subdivision d subsection 4 of section 33.1-20-08- 07. (4) The written demonstrations, including the certification in paragraph 4 of subdivision f of subsection 3 of section 33.1-20-08-07, for a time extension for completing retrofit activities as required by paragraph 3 of subdivision j of subsection 3 of section 33.1-20-08-07. (5) The notification of intent to initiate retrofit of a CCR unit as required by paragraph 5 of subdivision j of subsection 3 of section 33.1-20-08-07. (6) The notification of completion of retrofit activities as required by paragraph 6 of subdivision j of subsection 3 of section 33.1-20-08-07.

2. Record submission requirements.

a. The submittals required under subdivision e of this subsection must be sent to the department before the close of business on the day the submittal is required to be completed. For purposes of this section, before the close of business means the submittal must be postmarked or sent by electronic mail. If a deadline falls on a weekend or state holiday, the deadline is automatically extended to the next business day. b. If any CCR unit is located in part within Indian country, notifications of submittals required by this section must be sent to the appropriate tribal authority. c. Submittals may be combined as long as the deadline requirement for each submittal is met. Submittals may be included in a permit application, plan of operation, ground water monitoring plan, corrective action plan, report, or application for modification of any of these documents, as applicable. d. Unless otherwise required in this section, the submittals specified in this section must be sent to the department within thirty days of placing in the facility's operating record. If the department does not approve any of the documents, the owner or operator of the CCR unit shall modify the document and resubmit it to the department for approval. The final approved document must be placed in the facility operating record and on the publicly accessible CCR website within thirty days of approval by the department and the unapproved document must be removed. e. All documents, plans, assessments, demonstrations, certifications, and reports placed in the facility operating record and on the publicly accessible CCR website, as specified in subdivisions e through j of subsection 1, must be submitted to the department, except: (1) Documentation of the permanent identification marker specified under paragraph 4 of subdivision f of subsection 1. (2) Documentation of the results of each weekly impoundment inspection by a qualified person as specified under paragraph 5 of subdivision g of subsection 1. (3) Documentation of the results of each weekly landfill inspection by a qualified person as specified under paragraph 8 of subdivision g of subsection 1. (4) Documentation of the design, installation, development, and decommissioning of any monitoring wells; piezometers; and other measurement, sampling, and analytical devices as specified under paragraph 2 of subdivision h of subsection 1. (5) The results of appendices I and II to this chapter constituent concentrations as specified under paragraph 6 of subdivision h of subsection 1.

(6) Documentation prepared by the owner or operator recording the public meeting for the corrective measures assessment specified under paragraph 10 of subdivision h of subsection 1.

3. Publicly accessible internet site requirements.

a. Each owner or operator of a CCR unit subject to the requirements of this chapter shall maintain a publicly accessible internet site (CCR website) containing the information specified in subdivision e. The owner's or operator's website must be titled "CCR Rule Compliance Data and Information". The website must ensure that all information required to be posted is immediately available to anyone visiting the site, without requiring any prerequisite, such as registration or a requirement to submit a document request. All required information must be clearly identifiable and must be able to be printed immediately and downloaded by anyone accessing the site. If the owner or operator changes the web address (i.e., uniform resource locator) at any point, the owner must notify the United States environmental protection agency (EPA) via the "contact us" form on EPA's CCR website and the department within fourteen days of making the change. The facility's CCR website also must have a "contact us" form or a specific electronic mail address posted on the website for the public to use to submit questions and issues relating to the availability of information on the website.

b. An owner or operator of more than one CCR unit subject to the provisions of this chapter may comply with the requirements of this section by using the same Internet site for multiple CCR units provided the CCR website clearly delineates information by the name or identification number of each unit.

c. Unless otherwise required in this chapter, the information required to be posted to the CCR website must be made available to the public for as long as it is required to be in the facility operating record.

d. Unless otherwise required in this chapter, the information must be posted to the CCR website within thirty days of placing the pertinent information required by subsection 1 in the operating record.

e. Each owner or operator shall place on the facility's publicly accessible CCR website all documents, plans, assessments, demonstrations, certifications, and reports placed in the facility operating record and approved by the department as specified in subdivisions e through j of subsection 1, except:

(1) Documentation of the permanent identification marker specified under paragraph 4 of subdivision f of subsection 1.

(2) Documentation of the results of each weekly impoundment inspection by a qualified person as specified under paragraph 5 of subdivision g of subsection 1.

(3) Documentation of the results of each weekly landfill inspection by a qualified person as specified under paragraph 8 of subdivision g of subsection 1.

(4) Documentation of the design, installation, development, and decommissioning of any monitoring wells, piezometers and other measurement, sampling, and analytical devices as specified under paragraph 2 of subdivision h of subsection 1.

(5) The results of appendices I and II to this chapter constituent concentrations as specified under paragraph 6 of subdivision h of subsection 1.

(6) Documentation prepared by the owner or operator recording the public meeting for the corrective measures assessment specified under paragraph 10 of subdivision h of subsection 1.

History: Effective July 1, 2020; amended effective October 1, 2024.

General Authority: NDCC 23.1-08-03

Law Implemented: NDCC 23.1-08-03, 23.1-08-04

Appendix I to Chapter 33.1-20-08 - Constituents for Detection Monitoring

Common name1
Boron
Calcium
Chloride
Fluoride
pH
Sulfate
Total Dissolved Solids (TDS)

Appendix II to Chapter 33.1-20-08 - Constituents for Assessment Monitoring

Common name1
Antimony
Arsenic
Barium
Beryllium
Cadmium
Chromium
Cobalt
Fluoride
Lead
Lithium
Mercury
Molybdenum
Selenium
Thallium
Radium 226 and 228 combined