# Title 33.1 — Department of Environmental Quality

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

## Chapter 33.1-20-13 — Water Protection Provisions

### § 33.1-20-13-01. Site characterization.

The department shall require adequate site characterization to ensure that the waters of the state
are not or will not be adversely impacted by the solid waste management facility. At a minimum, the site
characterization must address the following:
1. Location and water quality of lakes, rivers, streams, springs, or wetlands within one mile
[1.61 kilometers] of the site boundary based on available data;
2. Domestic and livestock wells within one mile [1.61 kilometers] of the site boundary.
Information collected should include the location, water quality, depth to water, well depth,
screened intervals, yields, and the aquifers tapped;
3. Site location in relation to the one hundred-year floodplain;
4. Depth to the thicknesses of the uppermost aquifers;
5. Hydrologic properties of the uppermost aquifers beneath the proposed facility, including
existing water quality, flow directions, flow rates, porosity, coefficient of storage, hydraulic
conductivity, and potentiometric surface or water table; and
6. An evaluation of the potential for impacts to surface and ground water quality from the
proposed facility.
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, 23.1-08-13; S.L. 2017, ch. 199, § 23
### § 33.1-20-13-02. Ground water quality monitoring.

1. An owner or operator of a resource recovery unit, a land treatment unit, a surface
impoundment, or a landfill, except an inert waste landfill, must incorporate a ground water
monitoring system into the design of the facility. An owner or operator of a CCR unit that is
subject to the provisions of chapter 33.1-20-08 is exempt from the requirements of this
section. If the owner or operator demonstrates to the department that there is no potential for
migration of solid waste constituents to the uppermost aquifer during the life of the solid waste
management unit and the postclosure period, the department may suspend this requirement.
The demonstration must be based upon factors such as the site characterization, the solid
waste characteristics and constituents, the potential capacity of the unit or facility, and the
physical, chemical, and biological processes affecting contaminant fate and transport.
2. Ground water monitoring systems must be designed to effectively detect the migration of
contamination. At a minimum, a water quality monitoring system shall:
a. Include one ground water monitoring well located upgradient of the solid waste
management unit, and at least two wells located downgradient of the unit. The monitoring
wells should be installed at appropriate locations and depths to yield ground water from

the uppermost aquifer and all hydraulically connected aquifers below the solid waste
management units on the facility;
b. Represent the elevation of ground water in each well immediately prior to purging so that
the owner or operator may determine the rate and direction of ground water flow each
time ground water is sampled;
c. Represent the quality of ground water that has not been affected by spills or leakage
from solid waste management units;
d. Represent the quality of ground water to ensure detection of contamination passing the
compliance boundary;
e. Ground water samples at municipal waste landfills must not be filtered prior to analysis;
and
f. The frequency and number of samples collected must be consistent with statistical
procedures for evaluating ground water data. A minimum of four independent samples
from each well must be collected for analysis during the first sampling event for
establishing background data at upgradient (subdivision c) and downgradient
(subdivision d) wells, unless four or more sampling events occur prior to acceptance of
solid waste by the facility. The monitoring frequency must be semiannual during the
active life of the facility and during the postclosure period. The department may specify
an alternate frequency for sampling based upon such factors as site hydrogeological
characteristics, solid waste characteristics, evidence of a spill or leakage, or resource
value of the aquifer.
3. Additional wells may be required in complicated hydrogeological settings or to define the
extent of contamination detected.
4. A written ground water monitoring plan must be developed for approval by the department and
implemented as part of the permitting process. The plan must include:
a. Number and location of wells;
b. Procedures for decontamination of drilling and sampling equipment;
c. Procedures for sample collection;
d. Sample analytical procedures;
e. Chain of custody control;
f. Parameters for analysis;
g. Quality assurance or quality control procedures;
h. A monitoring schedule;
i. Data statistical methods and analysis procedures; and
j. Reporting of a statistically significant increase over a background value or of an
exceedance of a maximum concentration limit or a water quality standard.
5. Ground water monitoring data obtained under this section must be analyzed within a
reasonable period of time after completing sampling and laboratory analysis to determine
whether or not a statistically significant increase over background values or an exceedance of

a maximum concentration limit or water quality standard has occurred for each parameter
required in the monitoring plan or permit. Statistical methods must, as appropriate:
a. Be appropriate for the distribution of the data and, if inappropriate for a normal theory
test, be transformed or a distribution-free theory test must be used.
b. Control or correct for seasonal and spatial variability in the data.
c. Account for data below the limit of detection that can be reliably achieved by routine
laboratory techniques, using the limit as the lowest concentration level for a chemical
parameter which is below detection.
d. Be protective of human health and environmental resources.
History: Effective January 1, 2019; amended effective July 1, 2020.
General Authority: NDCC 23.1-08-03, 23.1-11-05, 23.1-11-11, 61-28-04, 61-28-05; S.L. 2017, ch. 199,
§ 1
Law Implemented: NDCC 23.1-08-03, 23.1-11-05, 23.1-11-06, 23.1-11-08, 23.1-11-11, 61-28-04; S.L.
2017, ch. 199, §§ 23, 26
### § 33.1-20-13-03. Water quality standards.

1. All solid waste management systems, operations, units, and facilities must be designed,
constructed, operated, maintained, closed, and maintained after closure so as to be in
compliance with North Dakota Century Code chapter 61-28, and water quality standards
defined in articles 33.1-16 and 33.1-17. Compliance with these standards is enforceable at the
compliance boundary of the facility.
2. Whenever ground water monitoring is required, the department must specify in the facility
permit the specific elements of ground water monitoring, including indicator parameters which
are constituents in or derived from solid waste, the maximum concentration limits in ground
water for each parameter not otherwise defined by subsection 1, and the compliance
boundary, considering:
a. The physical and chemical characteristics of the waste, including the potential for
migration in surface water, in the unsaturated zone beneath the facility, and in ground
water;
b. The hydrogeological characteristics of the site and the surrounding land;
c. The existing quality and quantity of ground water, other possible sources of
contamination, and the direction of ground water flow;
d. The detectability of the indicator parameters or constituents in surface water or in ground
water; or
e. The proximity of the facility to surface waters; and
f. Appropriate parameters from the list in table 1.
3. The compliance boundary shall be located on land owned by the owner of the facility and no
more than five hundred feet [152.4 meters] from a landfill or landfill disposal cell.

TABLE 1 List of Parameters for Assessing Ground Water Quality
a. Parameters measured in the field:
(1) Appearance (including color, foaming, and odor)
(2) pH1
(3) Specific conductance2
(4) Temperature
(5) Water elevation3
b. General geochemical parameters:
(1) Ammonia nitrogen (11) Chloride
(2) Total hardness (12) Fluoride
(3) Iron (13) Nitrate + Nitrite, as N
(4) Calcium (14) Total phosphorus
(5) Magnesium (15) Sulfate
(6) Manganese (16) Sodium
(7) Potassium (17) Total dissolved solids (TDS)
(8) Total alkalinity (18) Total suspended solids (TSS)
(9) Bicarbonate (19) Cation/anion balance
(10) Carbonate
c. Heavy metals:
Group A: Group B:
(1) Arsenic (9) Antimony
(2) Barium (10) Beryllium
(3) Cadmium (11) Cobalt
(4) Chromium (12) Copper
(5) Lead (13) Nickel
(6) Mercury (14) Thallium
(7) Selenium (15) Vanadium
(8) Silver (16) Zinc
d. Total organic carbon (TOC)
e. Chemical oxygen demand (COD)
f. Naturally occurring radionuclides:
(1) Radon
(2) Radium
(3) Uranium
g. Volatile organic compounds, both halogenated and nonhalogenated:
Halogenated:
Acrylonitrile 1,1-Dichloroethylene
Allyl chloride 1,2-Dichloropropane
Bromochloromethane cis-1,3-Dichloropropene
Bromodichloromethane cis-1,2-Dichloroethylene
Bromoform trans-1,2-Dichloroethylene
Bromomethane trans-1,3-Dichloropropene

Carbon disulfide trans-1,4-Dichloro-2-butene
Carbon tetrachloride Dichlorofluoromethane
Chlorobenzene Dichloromethane (methylene chloride)
(monochlorobenzene) 1,3-Dichloropropene
Chlorodibromomethane 2,3-Dichloro-1-propene
Chloroethane Pentachloroethane
Chloroform 1,1,1,2-Tetrachloroethane
Chloromethane 1,1,2,2-Tetrachloroethane
Dibromomethane Tetrachloroethylene
1,2-Dibromo-3-chloropropane 1,1,1-Trichloroethane
1,2-Dibromoethane 1,1,2-Trichloroethane
Dichloroacetonitrile Trichloroethylene
1,2-Dichlorobenzene Trichlorofluoromethane
1,3-Dichlorobenzene 1,2,3-Trichloropropane
1,4-Dichlorobenzene 1,1,2-Trichlorotrifluoroethane
Dichlorodifluoromethane Vinyl acetate
1,1-Dichloroethane Vinyl chloride
1,2-Dichloroethane
Nonhalogenated:
Acetone Methyl isobutyl ketone
Benzene Pyrene
Cumene Styrene
Ethylbenzene Tetrahydrofuran
Ethyl ether Toluene
Methyl butyl ketone m-Xylene
Methyl ethyl ketone o-Xylene
Methyl iodide p-Xylene
h. Pesticides:
Aldrin Endrin
Chlordane Heptachlor
Chloroform Lindane
4,4 DDT Methyl bromide
Dibenzofuran Methyl methacrylate
Dieldrin Methylene bromide
Dimethoate Naphthalene
Endosulfan Parathion
1 Two measurements: in field, and immediately upon sample's arrival in laboratory.
2 As measured in field.
3 As measured to the nearest 0.01 foot in field before pumping or bailing.
History: Effective January 1, 2019; amended effective July 1, 2020.
General Authority: NDCC 23.1-08-03, 23.1-11-05, 23.1-11-11, 61-28-04, 61-28-05; S.L. 2017, ch. 199,
§ 1
Law Implemented: NDCC 23.1-08-03, 23.1-11-05, 23.1-11-06, 23.1-11-08, 23.1-11-11, 61-28-04; S.L.
2017, ch. 199, §§ 23, 26
### § 33.1-20-13-04. Monitoring well construction.

1. All monitoring wells must be cased in a manner that maintains the integrity of the monitoring
well bore hole. This casing must allow collection of representative ground water samples.

Wells must be constructed in such a manner as to prevent contamination of the samples, the
sampled strata, and between aquifers and water bearing strata.
2. All soil borings or ground water monitoring wells must be completed by a driller licensed in
North Dakota and must meet design and construction requirements as stipulated in North
Dakota Century Code chapter 43-35 and article 33.1-18.
History: Effective January 1, 2019.
General Authority: NDCC 23.1-08-03, 43-35-19, 43-35-19.1, 43-35-19.2; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-08-03, 43-35-19, 43-35-19.1, 43-35-19.2; S.L. 2017, ch. 199, §§ 23,
45, 46, 47
### § 33.1-20-13-05. Assessment monitoring, remedial measures, and corrective action.

1. Within ninety days of finding that a parameter has been detected at a statistically significant
level exceeding the ground water standards established under sections 33.1-20-13-02 and
33.1-20-13-03, the owner or operator shall initiate an assessment of remedial measures. An
owner or operator of a CCR unit that is subject to the provisions of chapter 33.1-20-08 is
exempt from the requirements of this section. The assessment must:
a. Be completed within a reasonable time period, unless otherwise specified by permit or
the department;
b. Include an evaluation of the nature and extent of the release of the constituents including
pathways to human and environmental receptors;
c. For municipal landfills, include ground water sampling and analysis for all parameters
listed in appendix 1 of this chapter. The department may delete any of the appendix 1
parameters if it can be shown that the removed constituents are not reasonably expected
to be in or derived from the waste within the leaking facility;
d. Include an analysis of the effectiveness of potential remedial measures in meeting all
requirements of subsection 2 and include the following:
(1) The performance, reliability, ease of implementation, and potential impacts of each
potential remedial measure;
(2) The time required to begin and complete each potential remedial measure;
(3) The costs of implementation of each potential remedial measure; and
(4) The permit requirements or other environmental or public health requirements that
may substantially affect implementation of each potential remedial measure; and
e. When requested by the department, the owner or operator must discuss results of the
assessment of remedial measures, prior to selection of a corrective action remedy, in a
public meeting with interested and affected persons.
2. Based on the results of the assessment of remedial measures conducted under subsection 1,
the owner or operator must select a corrective action remedy within thirty days which, at
minimum, meets the following standards:
a. Is protective of human health and environmental resources;
b. Attains the ground water protection standards under sections 33.1-20-13-02 and
33.1-20-13-03;

c. Controls the sources of release so as to reduce or eliminate, to the maximum extent
practicable, further releases of constituents that may pose a threat to human health or
environmental resources; and
d. Complies with this article and other applicable environmental statutes and rules.
3. When selecting a corrective action remedy under subsection 2, the owner or operator shall
consider these factors:
a. The short-term and long-term effectiveness of the potential remedial measure
considering:
(1) Magnitude of reducing exposure to constituents;
(2) Likelihood of further releases;
(3) Practical capability of technologies; and
(4) Time until the standards are achieved.
b. The ease or difficulty of implementing the potential remedial measure considering:
(1) Availability of equipment and specialists;
(2) Long-term management needs such as monitoring, operation, and maintenance;
and
(3) Need to coordinate with and obtain necessary approvals or permits from other
agencies.
c. The need for interim measures to control the sources of the release and to protect
human health and environmental resources.
d. The schedules for initiating, conducting, and completing the potential remedial measure.
e. Practical capability of the owner or operator.
4. The owner or operator shall provide the department with a document fully describing the
remedial measures assessment under subsection 1 and the selected corrective action remedy
under subsections 2 and 3.
5. Upon selection of the corrective action remedy under subsection 2 and with the concurrence
of the department, the owner or operator shall establish and implement the remedy.
a. During implementation, the owner or operator shall monitor the effectiveness of the
remedy.
b. Implementation shall be considered complete when all actions and standards required to
complete the remedy have been satisfied and approved by the department.
c. Upon completion of a corrective action remedy, the owner or operator shall place in the
operating record a certification that the corrective action remedy has been completed.
Within fourteen days of completion of the certification, the owner or operator shall notify
the department that the certification has been placed in the operating record.
History: Effective January 1, 2019; amended effective July 1, 2020.
General Authority: NDCC 23.1-08-03, 23.1-11-11, 61-28-04, 61-28-05; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-08-03, 23.1-11-02, 23.1-11-06, 23.1-11-08, 61-28-04; S.L. 2017,
ch. 199, §§ 23, 26


Appendix I to Section 33.1-20-13-05 - List of Hazardous Inorganic and Organic Constituents
Acenaphthene Chrysene
Acenaphtylene Cobalt
Acetone Copper
Acetonitrile; Methyl cyanide m-Cresol; 3-methylphenol
Acetophenone o-Cresol; 2-Methylphenol
2-Acetylaminofluorene; 2-AAF p-Cresol; 4-Methylphenol
Acrolein Cyanide
Acrylonitrile 2,4-D; 2,4-Dichlorophenoxyacetic acid
Aldrin 4,4'-DDD
Allyl chloride 4,4'-DDE
4-Aminobiphenyl 4,4'-DDT
Anthracene Diallate
Antimony Dibenz[a,h]anthracene
Arsenic Dibenzofuran
Barium Dibromochloromethane; Chlorodibromomethane
Benzene 1,2-Dibromo-3-chloropropane; DBCP
Benzo[a]anthracene; Benzanthracene 1,2-Dibromoethane; Ethylene dibromide; EDB
Benzo[b]fluoranthene Di-n-butyl phthalate
Benzo[k]fluoranthene o-Dichlorobenzene; 1,2-Dichlorobenzene
Benzo[ghi]perylene m-Dichlorobenzene; 1,3-Dichlorobenzene
Benzo[a]pyrene p-Dichlorobenzene; 1,4-Dichlorobenzene
Benzyl alcohol 3,3'-Dichlorobenzidine
Beryllium trans-1,4-Dichloro-2-butene
alpha-BHC Dichlorodifluoromethane; CFC 12
beta-BHC 1,1-Dichloroethane; Ethyldidene chloride
delta-BHC 1,2-Dichloroethane; Ethylene dichloride
gamma-BHC;Lindane 1,1-Dichloroethylene; 1,1-Dichloroethene
Bis(2-chloroethoxy)methane Vinylidene chloride cis-1,2-Dichloroethylene;
Bis(2-chloroethyl)ether; Dichloroethyl ether cis-1,2-Dichloroethene
Bis-(2-chloro-1-methylethyl) ether; trans-1,2-Dichloroethylene;
2,2'-Dichlorodiisopropyl ether; DCIP trans-1,2-Dichloroethene
Bis-(2-ethylhexyl) phthalate 2,4-Dichlorophenol
Bromochloromethane; Chlorobromomethane 2,6-Dichlorophenol
Bromodichloromethane; Dibromochloromethane 1,2-Dichloropropane; Propylene dichloride
Bromoform; Tribromomethane 1,3-Dichloropropane; Trimethylene dichloride
4-Bromophenyl phenyl ether 2,2-Dichloropropane; Isopropylidene chloride
Butyl benzyl phthalate; Benzyl butyl phthalate 1,1-Dichloropropene
Cadmium cis-1,3-Dichloropropene
Carbon disulfide trans-1,3-Dichloropropene
Carbon tetrachloride Dieldrin
Chlordane Diethyl phthalate
p-Chloroaniline O,O-Diethyl O-2-pyrazinyl
Chlorobenzene phosphorothioate; Thionazin
Chlorobenzilate Dimethoate
p-Chloro-m-cresol; 4-Chloro-3-methylphenol p-(Dimethylamino)azobenzene
Chloroethane; Ethyl chloride 7,12-Dimethylbenz[a]anthracene
Chloroform; Trichloromethane 3,3'-Dimethylbenzidine
2-Chloronaphthalene 2,4-Dimethylphenol; m-Xylenol
2-Chlorophenol Dimethyl phthalate
4-Chlorophenyl phenyl ether m-Dinitrobenzene
Chloroprene 4,6-Dinitro-o-cresol 4,6-Dinitro-2 methylphenol
Chromium 2,4-Dinitrophenol

2,4-Dinitrotoluene o-Nitroaniline; 2-Nitroaniline
2,6-Dinitrotoluene m-Nitroaniline; 3-Nitroanile
Dinoseb; DNBP; 2-sec-Butyl-4,6-dinitrophenol p-nitroaniline; 4-Nitroaniline
Di-n-octyl phthalate Nitrobenzene
Diphenylamine o-Nitrophenol; 2-Nitrophenol
Disulfoton p-Nitrophenol; 4-Nitrophenol
Endosulfan I N-Nitrosodi-n-butylamine
Endosulfan II N-Nitrosodiethylamine
Endosulfan sulfate N-Nitrosodimethylamine
Endrin N-Nitrosodiphenylamine
Endrin aldehyde N-Nitrosodipropylamine; N-Nitroso-
Ethylbenzene N-dipropylamine; Di-n-propylnitrosamine
Ethyl methacrylate N-Nitrosomethylethalamine
Ethyl methanesulfonate N-Nitrosopiperidine
Famphur N-Nitrosopyrrolidine
Fluoranthene 5-Nitro-o-toluidine
Fluorene Parathion
Heptachlor Pentachlorobenzene
Heptachlor epoxide Pentachloronitrobenzene
Hexachlorobenzene Pentachlorophenol
Hexachlorobutadiene Phenacetin
Hexachlorocyclopentadiene Phenanthrene
Hexachloroethane Phenol
Hexachloropropene p-Phenylenediamine
2-Hexanone; Methyl butyl ketone Phorate
Indeno(1,2,3-cd)pyrene Polychlorinated biphenyls; PCBs; Aroclors
Isobutyl alcohol Pronamide
Isodrin Propionitrile; Ethyl cyanide
Isophorone Pyrene
Isosafrole Safrole
Kepone Selenium
Lead Silver
Mercury Silvex; 2,4,5-TP
Methacrylonitrile Styrene
Methapyrilene Sulfide
Methoxychlor 2,4,5-T; 2,4,5-Trichlorophenoxyacetic acid
Methyl bromide; Bromomethane 1,2,4,5-Tetrachlorobenzene
Methyl chloride; Chloromethane 1,1,1,2-Tetrachloroethane
3-Methylcholanthrene 1,1,2,2-Tetrachloroethane
Methyl ethyl ketone; MEK; 2-Butanone Tetrachloroethylene; Tetrachloroethene;
Methyl iodide; lodomethane Perchloroethylene
Methyl methacrylate 2,3,4,6-Tetrachlorophenol
Methyl methanesulfonate Thallium
2-Methylnaphthalene Tin
Methyl parathion; Parathion methyl Toluene
4-Methyl-2-pentanone; Methyl o-Toluidine
isobutyl ketone Toxaphene
Methylene bromide; Dibromomethane 1,2,4-Trichlorobenzene
Methylene chloride; Dichloromethane 1,1,1-Trichloroethane; Methylchloroform
Naphthalene 1,1,2-Trichloroethane
1,4-Naphthoquinone Trichloroethylene; Trichloroethene
1-Naphthylamine Trichlorofluoromethane; CFC-11
2-Naphthylamine 2,4,5-Trichlorophenol
Nickel 2,4,6-Trichlorophenol

1,2,3-Trichloropropane Vinyl acetate
O,O,O-Triethyl phosphorothioate Vinyl chloride; Chloroethene
sym-Trinitrobenzene Xylene (total)
Vanadium Zinc
History: Effective January 1, 2019.
