# Title 33.1 — Department of Environmental Quality

## Article 33.1-20 — Solid Waste Management and Land Protection

## Chapter 33.1-20-11 — Landfill Disposal of Technologically Enhanced Naturally Occurring Radioactive Material Waste

### § 33.1-20-11-01. Radioactive waste disposal.

Disposal of radioactive waste subject to regulation under chapter 33.1-10-23, meeting the definition
of TENORM, into special waste or industrial waste landfills shall comply with the following requirements
and limitations:
1. TENORM waste up to, but not exceeding 50.0 picocuries per gram of radium-226 plus
radium-228, may be disposed in a landfill which complies with chapter 33.1-20-07.1 or chapter
33.1-20-10, except that the accumulated amount must not exceed twenty-five thousand tons
[22,679.22 metric tons] per year or three thousand tons [2,721.55 metric tons] in any one
month unless larger amounts in one month resulting from special cleanup projects are
preapproved by the department. Drums or shipping containers of TENORM waste which are
not of uniform concentration must not exceed an average concentration of 50.0 picocuries per
gram of radium-226 plus radium-228.
2. Equipment contaminated with TENORM which does not exceed a maximum exposure level of
one hundred microroentgen per hour, including background radiation, at any accessible
location may be disposed in a landfill which complies with chapter 33.1-20-07.1 or chapter
33.1-20-10.
3. TENORM waste must be covered by at least one foot of non-TENORM waste or daily cover
material by the end of each operating day. For landfills that operate continuously (twenty-four
hours per day), all TENORM waste shall be covered at least once every twenty-four hour
period.
4. TENORM waste must be disposed at depth greater than ten feet below the surface of the final
landfill cover.
5. For a landfill that is subject to chapter 33.1-20-07.1, if any part of the final cover has slope
greater than fifteen percent, then the final cover must have an additional two feet of low
permeability soil, for a total minimum cover thickness of five feet.
History: Effective January 1, 2019.
General Authority: NDCC 23.1-03-04, 23.1-08-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-03-03, 23.1-03-04, 23.1-08-03; S.L. 2017, ch. 199, §§ 18, 23
### § 33.1-20-11-02. Prohibition.

Disposal of TENORM waste subject to regulation under article 33.1-10 is prohibited in all municipal
solid waste landfills and inert landfills. Disposal of radioactive waste subject to regulation under article
33.1-10, which does not meet the definition of TENORM, or TENORM waste that is greater than 50.0
picocuries per gram of radium-226 plus radium-228 is prohibited in all landfills. If prohibited TENORM
waste is delivered to a landfill for disposal, the waste must be rejected. The owner or operator of the

landfill shall note the source, amount, generator, and other identifying information about the rejected
waste and shall notify the department within five days of the rejection of such material.
History: Effective January 1, 2019.
General Authority: NDCC 23.1-03-04, 23.1-08-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-03-03, 23.1-03-04, 23.1-08-03; S.L. 2017, ch. 199, §§ 18, 23
### § 33.1-20-11-03. Authorization.

Approval for acceptance of TENORM waste by a landfill not previously authorized to accept such
waste in its permit shall follow procedures in section 33.1-20-02.1-07. The facility is also subject to
applicable approval and licensure requirements of chapter 33.1-10-23.
History: Effective January 1, 2019; amended effective July 1, 2020.
General Authority: NDCC 23.1-03-04, 23.1-08-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-03-03, 23.1-03-04, 23.1-08-03; S.L. 2017, ch. 199, §§ 18, 23
### § 33.1-20-11-04. Monitoring.

The leachate collection system and ground water monitoring network shall be analyzed for
background concentration of radionuclide parameters prior to receipt of any TENORM waste. Leachate
shall be analyzed for radionuclides at the same frequency as ground water samples are collected. If
radionuclides are detected in the leachate at a concentration greater than the concentrations listed
below, then the ground water monitoring network must begin analysis for radionuclide parameters.
Radon: 4,000 picocuries per liter (pCi/L).
Combined radium-226 and radium-228: 5 pCi/L.
Alpha particle activity (including radium-226, excluding radon and uranium): 15 pCi/L.
Uranium: 30 micrograms per liter (ug/L).
History: Effective January 1, 2019.
General Authority: NDCC 23.1-03-04, 23.1-08-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-03-03, 23.1-03-04, 23.1-08-03; S.L. 2017, ch. 199, §§ 18, 23
### § 33.1-20-11-05. Reporting.

Landfills approved for the disposal of TENORM waste shall file with the department a quarterly
summary report stating the date, type, and total quantity by weight in tons, generator, and final disposal
facility of each TENORM transferred. Each report shall be filed within thirty days of the end of each
quarter. If no transfers of TENORM have been made during the reporting period, the report must so
indicate.
History: Effective January 1, 2019.
General Authority: NDCC 23.1-03-04, 23.1-08-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-03-03, 23.1-03-04, 23.1-08-03; S.L. 2017, ch. 199, §§ 18, 23
### § 33.1-20-11-06. Worker training and safety.

Landfills approved for the disposal of TENORM waste shall implement a worker training program
and safety program to meet the requirements of section 33.1-10-23-27, so that protection of workers
complies with radiation protection standards of chapters 33.1-10-04.2 and 33.1-10-10.1. The training
and safety program shall be approved by the department prior to receipt of any TENORM waste.
History: Effective January 1, 2019.
General Authority: NDCC 23.1-03-04, 23.1-08-03; S.L. 2017, ch. 199, § 1

Law Implemented: NDCC 23.1-03-03, 23.1-03-04, 23.1-08-03; S.L. 2017, ch. 199, §§ 18, 23
### § 33.1-20-11-07. Record of notice.

The records of notice required by section 33.1-20-02.1-05 shall specify that the landfill is approved
to accept TENORM waste. The final record of notice shall indicate the total quantity of TENORM waste
disposed in the landfill.
History: Effective January 1, 2019; amended effective July 1, 2020.
General Authority: NDCC 23.1-03-04, 23.1-08-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-03-03, 23.1-03-04, 23.1-08-03; S.L. 2017, ch. 199, §§ 18, 23
