69-05.2-19-02. Performance standards - Waste materials - Permanent disposal of coal wastes.

1. All coal processing waste and waste materials from coal 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 department of environmental quality 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 department of environmental quality 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 department of environmental quality 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.

History: Effective August 1, 1980; amended effective June 1, 1983; May 1, 1990; June 1, 1997.

General Authority: NDCC 38-14.1-03

Law Implemented: NDCC 38-14.1-24