# Title 33.1 — Department of Environmental Quality

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

## Chapter 33.1-20-10 — Large Volume Industrial Waste and Municipal Solid Waste Ash Landfills

### § 33.1-20-10-01. Applicability.

The requirements of this chapter apply to the treatment and disposal of solid wastes which meet
the criteria of subsections 1 and 3 of section 33.1-20-01.1-11.
History: Effective January 1, 2019.
General Authority: NDCC 23.1-08-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-08-03; S.L. 2017, ch. 199, § 23
### § 33.1-20-10-02. Municipal solid waste ash treatment.

The owner or operator must propose treatment of municipal solid waste incinerator ash for
department approval.
History: Effective January 1, 2019.
General Authority: NDCC 23.1-08-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-08-03; S.L. 2017, ch. 199, § 23
### § 33.1-20-10-03. Waste disposal.

In addition to the requirements of section 33.1-20-01.1-08 and chapter 33.1-20-04.1, the owner or
operator of a landfill shall comply with the performance and design criteria as follows:
1. Any new or lateral expansion of a landfill must be designed with a hydraulic barrier and
leachate management system.
a. Synthetic liners, leachate detection systems, and leachate removal systems must be
compatible with solid waste disposed and the waste's leachate.
b. Leachate removal and management systems must be capable of collecting and removing
leachate and contaminated surface water.
c. Synthetic liners and leachate removal systems must withstand all physical and chemical
stresses during the operating period and through the postclosure period.
d. The synthetic liners and leachate removal systems must have a collection efficiency of
ninety-seven percent or better of precipitation falling on the fill area before closure and
must be capable of removing leachate to limit the hydraulic head above the upper liner,
exclusive of collection sumps, to twelve inches [30.5 centimeters] or less within thirty-six
hours of a precipitation event.
e. A composite liner is required which includes at a minimum from bottom to top:
(1) At least three feet [91.4 centimeters] of recompacted clay with a hydraulic
conductivity not to exceed 1 x 10-7 centimeters per second;
(2) A synthetic flexible membrane liner at least sixty mil thick;

(3) A secondary drainage layer with a hydraulic conductivity of 1 x 10-3 centimeters per
second or greater throughout and with sufficient thickness to provide a
transmissivity of 3 x 10-2 centimeters squared per second or greater;
(4) A synthetic flexible membrane liner at least eighty mil thick; and
(5) A drainage layer with a hydraulic conductivity of 1 x 10-3 centimeters per second or
greater and with sufficient thickness to provide a transmissivity of 3 x 10-2
centimeters squared per second or greater.
2. The facility must include a leachate detection and removal system and an onsite leachate
management system or offsite leachate management.
a. The amount of leachate collected for onsite or offsite management must be measured
and recorded.
b. The quality of the leachate must be periodically evaluated on a schedule proposed by the
facility owner and approved by the department.
c. The department may require the construction of onsite surface impoundments to achieve
the equivalent or better design standards of onsite landfills, based on site specific factors
such as hydrogeological characteristics, anticipated leachate quality, anticipated static
head or expected duration of use.
d. The department may require an owner or operator to control wildlife access to onsite
surface impoundments based upon leachate quality and site circumstances.
3. Runoff must be contained, collected, and transferred to an onsite surface impoundment,
unless another management method is approved by the department.
4. Solid waste disposal in landfills must be limited to those wastes identified in the permit
application, waste acceptance plan, or permit. Regulated infectious waste, used oil as a free
liquid which can be recovered or recycled, and hazardous waste may not be accepted for
disposal at the landfill. TENORM waste may only be accepted under the provisions of chapter
33.1-20-11.
5. All solid wastes deposited at the landfill must be placed, spread, or compacted to minimize or
prevent settlement and to promote drainage of surface water. The sequence and direction of
below-grade operations must be conducted to prevent surface water from entering the active
fill area.
6. On all areas of the landfill where final cover or additional solid waste will not be placed within
one month, eight inches [20.3 centimeters] or more of compacted clay-rich soil material,
similar material, or a synthetic cover must be placed to prevent ponding of surface water, to
minimize infiltration of surface water, and to control windblown dust.
7. The composite liner in combination with the final cover after closure must achieve an
efficiency of at least ninety-nine and nine-tenths percent or better for collection or rejection of
the precipitation that falls on 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

### § 33.1-20-10-04. Landfill cover and closure.

1. The owner or operator must place intermittent cover on all exposed solid waste according to
the approved operation plan.
a. Unless specified otherwise in the operation plan, the solid waste must not be left
uncovered for more than forty-eight hours. Cover must be provided by additional waste
or with a suitable material proposed by the landfill owner and approved by the
department.
b. The cover materials used and cover depth must be sufficient to cover the solid waste
completely.
2. The final cover at closure must be eight feet [2.74 meters] or more, and meet the requirement
of subsection 7 of section 33.1-20-10-03. In addition, the final cover must include, at a
minimum from bottom to top:
a. A barrier layer consisting of at least twenty-four inches [61.0 centimeters] of compacted
earthen materials with a hydraulic conductivity no greater than 1 x 10-7 centimeters per
second;
b. A synthetic flexible membrane liner which is at least sixty mil thick;
c. A drainage layer consisting of at least six inches [15.2 centimeters] with a transmissivity
of 3 x 10-2 centimeters squared per second or greater;
d. A layer which is at least thirty-six inches [91.4 centimeters] thick to protect the synthetic
liner and barrier layer from freezing, the upper twelve inches [30.5 centimeters] of this
layer must be suitable as a plant root zone; and
e. A top layer at least six inches [15.2 centimeters] thick consisting of suitable plant growth
material.
History: Effective January 1, 2019.
General Authority: NDCC 23.1-08-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-08-03; S.L. 2017, ch. 199, § 23
### § 33.1-20-10-05. Facility inspector.

The owner or operator shall provide the funds necessary to employ an inspector for conducting
onsite inspection services at the facility. The owner or operator shall provide funds by July thirty-first of
each year for salary, wages, and operating expenses associated with employing an inspector for the
facility.
History: Effective January 1, 2019.
General Authority: NDCC 23.1-08-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-01-06, 23.1-08-03; S.L. 2017, ch. 199, § 23
