Chapter 24-05. Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities

During the partial and final closure periods, all contaminated equipment, structures, and soils must be properly disposed of or decontaminated unless otherwise specified in sections 33.1-24-05-110, 33.1-24-05-122, 33.1-24-05-135, 33.1-24-05-167, or 33.1-24-05-180. By removing any…

1. Applicability. This section applies to owners or operators of all do-it-yourselfer used oil collection centers. A do-it-yourselfer used oil collection center is any site or facility that accepts, aggregates, and stores used oil collected only from household do-it-yourselfers. …

1. Applicability. This section applies to owners or operators of used oil collection centers. A used oil collection center is any site or facility that accepts, aggregates, and stores used oil collected from used oil generators regulated under sections 33.1-24-05-620 through 33.1…

1. Applicability. This section applies to owners or operators of all used oil aggregation points. A used oil aggregation point is any site or facility that accepts, aggregates, or stores used oil collected only from other used oil generation sites owned or operated by the owner o…

CHAPTER 33.1-24-05 STANDARDS FOR TREATMENT, STORAGE, AND DISPOSAL FACILITIES AND FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES Section 33.1-24-05-01 Purpose, Scope, and Applicability 33.1-24-05-02 Identification Number…

CHAPTER 33.1-24-05 STANDARDS FOR TREATMENT, STORAGE, AND DISPOSAL FACILITIES AND FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES Section 33.1-24-05-01 Purpose, Scope, and Applicability 33.1-24-05-02 Identification Number…

CHAPTER 33.1-24-05 STANDARDS FOR TREATMENT, STORAGE, AND DISPOSAL FACILITIES AND FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES Section 33.1-24-05-01 Purpose, Scope, and Applicability 33.1-24-05-02 Identification Number…

CHAPTER 33.1-24-05 STANDARDS FOR TREATMENT, STORAGE, AND DISPOSAL FACILITIES AND FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES Section 33.1-24-05-01 Purpose, Scope, and Applicability 33.1-24-05-02 Identification Number…

CHAPTER 33.1-24-05 STANDARDS FOR TREATMENT, STORAGE, AND DISPOSAL FACILITIES AND FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES Section 33.1-24-05-01 Purpose, Scope, and Applicability 33.1-24-05-02 Identification Number…

CHAPTER 33.1-24-05 STANDARDS FOR TREATMENT, STORAGE, AND DISPOSAL FACILITIES AND FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES Section 33.1-24-05-01 Purpose, Scope, and Applicability 33.1-24-05-02 Identification Number…

589

Within sixty days of completion of closure of each hazardous waste surface impoundment, waste pile, land treatment, and landfill unit, and within sixty days of the completion of final closure, the owner or operator shall submit to the department, by registered mail, a certificati…

1. General. Except as provided in subdivisions a through d, sections 33.1-24-05-640 through 33.1-24-05-649 apply to all used oil transporters. Used oil transporters are persons who transport used oil, persons who collect used oil from more than one generator and transport the col…

1. Used oil transporters may consolidate or aggregate loads of used oil for purposes of transportation. However, except as provided in subsection 2, used oil transporters may not process used oil unless they also comply with the requirements for processors in sections 33.1-24-05-…

1. Identification numbers. Used oil transporters who have not previously complied with the notification requirements of section 33.1-24-03-03 must comply with these requirements and obtain an identification number. 2. Mechanics of notification. A used oil transporter who has not …

1. Deliveries. A used oil transporter shall deliver all used oil received to: a. Another used oil transporter, provided that the transporter has obtained an identification number; b. A used oil processing facility who has obtained an identification number; c. An off-specification…

1. To ensure that used oil is not a hazardous waste under the rebuttable presumption of paragraph 2 of subdivision a of subsection 2 of section 33.1-24-05-610, the used oil transporter shall determine whether the total halogen content of used oil being transported or stored at a …

Used oil transporters are subject to all applicable spill prevention, control, and countermeasures [40 CFR part 112] in addition to the requirements of sections 33.1-24-05-640 through 33.1-24-05-649. Used oil transporters are also subject to the underground storage tank (chapter …

1. Acceptance. Used oil transporters must keep a record of each used oil shipment accepted for transport. Records for each shipment must include: a. The name and address of the generator, transporter, or processor who provided the used oil for transport; b. The identification num…

Transporters who generate residues from the storage or transport of used oil must manage the residues as specified in subsection 5 of section 33.1-24-05-610. History: Effective January 1, 2019. General Authority: NDCC 23.1-04-03; S.L. 2017, ch. 199, § 1 Law Implemented: NDCC 23.1…

CHAPTER 33.1-24-05 STANDARDS FOR TREATMENT, STORAGE, AND DISPOSAL FACILITIES AND FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES Section 33.1-24-05-01 Purpose, Scope, and Applicability 33.1-24-05-02 Identification Number…

CHAPTER 33.1-24-05 STANDARDS FOR TREATMENT, STORAGE, AND DISPOSAL FACILITIES AND FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES Section 33.1-24-05-01 Purpose, Scope, and Applicability 33.1-24-05-02 Identification Number…

No later than the submission of the certification of closure of each hazardous waste disposal unit, the owner or operator shall submit to the local zoning authority, or the authority with jurisdiction over local land use, and to the department, a survey plot indicating the locati…

1. The requirements of sections 33.1-24-05-650 through 33.1-24-05-659 apply to owners and operators of facilities that process used oil. Processing means chemical or physical operations designed to produce from used oil, or to make used oil more amenable for production of, fuel o…

1. Identification numbers. Used oil processors who have not previously complied with the notification requirements of section 33.1-24-03-03 must comply with these requirements and obtain an identification number. 2. Mechanics of notification. A used oil processor who has not rece…

1. Preparedness and prevention. Owners and operators of used oil processing facilities shall comply with the following requirements: a. Maintenance and operation of facility. Facilities must be maintained and operated to minimize the possibility of a fire, explosion, or any unpla…

1. To ensure that used oil managed at a processing facility is not hazardous waste under the rebuttable presumption of paragraph 2 of subdivision a of subsection 2 of section 33.1-24-05-610, the owner or operator of a used oil processing facility must determine whether the total …

Used oil processors are subject to all applicable spill prevention, control, and countermeasures [40 CFR part 112] in addition to the requirements of sections 33.1-24-05-650 through 33.1-24-05-659. Used oil processors are also subject to the underground storage tank (chapter 33.1…

Owners or operators of used oil processing facilities must develop and follow a written analysis plan describing the procedures that will be used to comply with the analysis requirements of section 33.1-24-05-653 and, if applicable, section 33.1-24-05-672. The owner or operator m…

1. Acceptance. Used oil processors must keep a record of each used oil shipment accepted for processing. These records may take the form of a log, invoice, manifest, bill of lading, or other shipping documents. Records for each shipment must include the following information: a. …

1. Operating record. a. The owner or operator must keep a written operating record at the facility. b. The following information must be recorded, as it becomes available, and maintained in the operating record until closure of the facility; (1) Records and results of used oil an…

Used oil processors who initiate shipments of used oil offsite must ship the used oil using a used oil transporter who has obtained an identification number. History: Effective January 1, 2019. 607 General Authority: NDCC 23.1-04-03; S.L. 2017, ch. 199, § 1 Law Implemented: NDCC …

Owners and operators who generate residues from the storage or processing of used oil must manage the residues as specified in subsection 5 of section 33.1-24-05-610. History: Effective January 1, 2019. General Authority: NDCC 23.1-04-03; S.L. 2017, ch. 199, § 1 Law Implemented: …

1. Postclosure care requirements. a. Postclosure care for each hazardous waste management unit subject to the requirements of sections 33.1-24-05-66 through 33.1-24-05-69 must begin after completion of closure of the unit and continue for thirty years after that date and must con…

used oil for energy recovery. 1. General. The requirements of sections 33.1-24-05-660 through 33.1-24-05-669 apply to used oil burners except as specified in subdivisions a and b. A used oil burner is a facility where used oil not meeting the specification requirements in section…

1. Off-specification used oil fuel may be burned for energy recovery in only the following devices: a. Industrial furnaces identified in section 33.1-24-01-04; b. Boilers, as defined in section 33.1-24-01-04, which are identified as follows: (1) Industrial boilers located on the …

1. Identification numbers. Used oil burners who have not previously complied with the notification requirements of section 33.1-24-03-03 must comply with these requirements and obtain an identification number. 2. Mechanics of notification. A used oil burner who has not received a…

1. To ensure that used oil managed at a used oil burner facility is not hazardous waste under the rebuttable presumption of paragraph 2 of subdivision a of subsection 2 of section 33.1-24-05-610, a used oil burner must determine whether the total halogen content of used oil manag…

Used oil burners are subject to all applicable spill prevention, control, and countermeasures [40 CFR part 112] in addition to the requirements of sections 33.1-24-05-660 through 33.1-24-05-669. 610 Used oil burners are also subject to the underground storage tank (chapter 33.1-2…

1. Acceptance. Used oil burners must keep a record of each used oil shipment accepted for burning. These records may take the form of a log, invoice, manifest, bill of lading, or other shipping documents. Records for each shipment must include the following information: a. The na…

1. Certification. Before a burner accepts the first shipment of off-specification used oil fuel from a generator, transporter, or processor, the burner must provide to the generator, transporter, or processor a one-time written and signed notice certifying that: a. The burner has…

Burners who generate residues from the storage or burning of used oil must manage the residues as specified in subsection 5 of section 33.1-24-05-610. History: Effective January 1, 2019. General Authority: NDCC 23.1-04-03; S.L. 2017, ch. 199, § 1 Law Implemented: NDCC 23.1-04-03,…

33.1-24-05-669. [Reserved].

conditions are not subject to sections 33.1-24-05-660 through 33.1-24-05-669: (1) The used oil is burned in an onsite space heater that meets the requirements of section 33.1-24-05-623; or (2) The used oil is burned for purposes of processing used oil, which is considered burning…

1. Written plan. The owner or operator of a hazardous waste disposal unit shall have a written postclosure plan. In addition, certain surface impoundments and waste piles from which the 77 owner or operator intends to remove or decontaminate the hazardous wastes at partial or fin…

1. Any person who conducts either of the following activities is subject to the requirements of sections 33.1-24-05-670 through 33.1-24-05-679: a. Directs a shipment of off-specification used oil from their facility to a used oil burner; or b. First claims that used oil that is t…

A used oil fuel marketer may initiate a shipment of off-specification used oil only to a used oil burner who: 1. Has an identification number; and 2. Burns the used oil in an industrial furnace or boiler identified in subsection 1 of section 33.1-24-05-661. History: Effective Jan…

1. Analysis of used oil fuel. A generator, transporter, processor, or burner may determine that used oil that is to be burned for energy recovery meets the fuel specifications of section 33.1-24-05-611 by performing analyses or obtaining copies of analyses or other information do…

1. Identification numbers. A used oil fuel marketer subject to the requirements of sections 33.1-24-05-670 through 33.1-24-05-679 who has not previously complied with the notification requirements of section 33.1-24-03-03 must comply with these requirements and obtain an identifi…

1. Off-specification used oil delivery. Any used oil marketer who directs a shipment of off-specification used oil to a burner must keep a record of each shipment of used oil to a used oil burner. These records may take the form of a log, invoice, manifest, bill of lading, or oth…