North Dakota Administrative Code

The laboratory shall maintain all records used to demonstrate the laboratory's compliance with certification requirements. If a laboratory analyzes samples from a client, then upon request, the laboratory shall provide to the client the records that support the client's test resu…

A laboratory that has samples analyzed by another laboratory shall use laboratories that have valid department certification if the data is to be reported to the department. History: Effective July 1, 2020. 6 General Authority: NDCC 23.1-01-14 Law Implemented: NDCC 23.1-01-14…

1. A laboratory may not alter or misrepresent its certification status and attending documents issued by the department in any brochures, promotional literature, or advertising materials. A laboratory may not describe its certification status in a manner that implies certificatio…

A laboratory shall timely respond in writing to any written communication from the department. History: Effective July 1, 2020. General Authority: NDCC 23.1-01-14 Law Implemented: NDCC 23.1-01-14

1. A laboratory shall submit an initial application if: a. It has never received primary or reciprocal certification under this article; b. It has had its primary certification or department reciprocal certification revoked in total; c. Its certification has expired for more than…

Initial applications and revised applications may be submitted to the department at any time. History: Effective July 1, 2020. General Authority: NDCC 23.1-01-14 Law Implemented: NDCC 23.1-01-14

When a laboratory's certification has expired, the laboratory shall apply for a renewed certification. History: Effective July 1, 2020. General Authority: NDCC 23.1-01-14 Law Implemented: NDCC 23.1-01-14

A laboratory with a valid certification shall submit a modified application, including the information required for primary certifications or reciprocal certifications, to the department to: 1. Add a program for which the laboratory does not currently have certification; 2. Add a…

A laboratory notified of or involved in a corrective action or with a suspended certification is not eligible to apply for a certification renewal for the affected field of testing until the laboratory receives confirmation from the department that the corrective action is comple…

1. Primary certification is granted following the procedure as outlined in the "North Dakota Environmental Laboratory Certification Program Manual". 2. Certification becomes effective the date of issuance and is valid for three years unless suspended, revoked, or voluntarily disc…

Certification of a laboratory is not an endorsement by the department of the quality or validity of the data generated by a laboratory. Certification does not guarantee the usability of data generated by a laboratory for an intended purpose. The users of laboratory results are re…

1. Reciprocal certification is granted following the procedure as outlined in the "North Dakota Environmental Laboratory Certification Program Manual". 2. A laboratory holding a primary accreditation or certification from another accrediting body may apply for reciprocal certific…

certification. 1. If a laboratory chooses to withdraw its application for certification or discontinue its current certification, in total or in part, the laboratory shall notify the department in writing and specify the effective date of withdrawal or discontinuation and the fie…

1. When the laboratory is discontinuing certification voluntarily, at least thirty days before the effective date of the laboratory's discontinuation of certification, the laboratory shall notify clients and affected regulatory agencies in writing of the discontinuation date and …

To be recertified after voluntary withdrawal or discontinuation of certification, a laboratory shall submit an application meeting the requirements for: 1. A revised application, if reapplying within one year of the date that certification was discontinued; or 2. An initial appli…

The department may modify, suspend, revoke, or deny a certification for reasons pertaining to: circumstances that do not meet the purpose and provisions of this article, the provisions of the certification, or the materials submitted as part of the application for certification; …

1. A laboratory shall complete at least one proficiency test successfully for each field of testing for which it applies for certification. The laboratory must complete the proficiency test no more than six months prior to submitting the application. If no proficiency test sample…

To ensure valid proficiency test results, the laboratory shall: 1. Obtain all proficiency test study samples as unknowns from a nationally recognized accreditation program approved vendor; 2. Manage, analyze, report, and otherwise handle all proficiency test samples in the same m…

1. A laboratory shall submit the results of all proficiency tests to the department no later than thirty days after the laboratory receives the results from the proficiency test sample provider. 2. A laboratory conducting proficiency testing as part of an initial or revised appli…

Prior to the time the results of the proficiency test are submitted to the proficiency test sample provider, a laboratory may not: 1. Communicate proficiency test results to another laboratory, including intercompany communication; or 2. Attempt to obtain the assigned value of an…

1. A laboratory must demonstrate passing performance to the department, as determined by the proficiency test sample provider, for each parameter and method or field of testing reported. 2. A laboratory may use one proficiency test sample for multiple methods. 3. A laboratory may…

1. A laboratory with primary certification may repeat proficiency tests after obtaining unacceptable results as follows: a. If the first proficiency test result is unacceptable, the laboratory shall resolve the suspected cause, document the corrective action, and complete a secon…

1. Certification fees for primary initial, renewed, or revised application are based on matrix, type, and complexity of analytical methods that a laboratory is certified to perform. 2. Certification fees for reciprocal initial, renewed, or revised applications are based on the nu…

1. The department computes the cost per point value based upon the salaries, wages, benefits, and operating expenses. 2. The point value can be found on the department's website. 3. The cost associated with the point value may be adjusted on an annual basis to account for any inc…

1. A laboratory shall pay the fees required in this article within thirty days of receiving the department's invoice. 2. Certification of a laboratory may not be awarded until all fees are paid. 3. Fees are nonrefundable once an invoice has been issued. 1 History: Effective July …

1. The points assessed for certification application or category types designated in this section are multiplied by the cost per point value determined to calculate the appropriate fee. 2. Application or Category Type for Primary Certifications Point Value a. Initial application …

1. Fees for laboratories with primary certification and applying for a revised application to add a new test category to the laboratory's certification are computed by the following equation: X=Y+Z Where: X = total fees Y = any incurred costs for an onsite audit to review new ins…

It is the purpose of this article to provide for the comprehensive regulation of hazardous waste from "cradle-to-grave" in order to protect public health, safety and welfare, and to enhance the environment for the people of North Dakota. History: Effective January 1, 2019. Genera…

This article is applicable to all hazardous waste generators; transporters; and owners or operators of treatment, storage, or disposal facilities. 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, 23.…

The department has been authorized to promulgate and administer this article under the provisions of North Dakota Century Code chapter 23.1-04. 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, 23.1-0…

1. When used in this article, the publications listed in this section are incorporated by reference. Copies may be inspected at the library, United States environmental protection agency, 1200 Pennsylvania Avenue NW (3403T), Washington, D.C. 20460, libraryhq@epa.gov; or at the na…

1. Any person may petition the department to modify or revoke any provisions in chapters 33.1-24-01 through 33.1-24-05. This section sets forth general requirements which apply to all 23 such petitions. Section 33.1-24-01-07 sets forth additional requirements for petitions to add…

1. Any person seeking to add a testing or analytical method to chapter 33.1-24-02 or 33.1-24-05 may petition for a regulatory amendment to this section and section 33.1-24-01-06. To be successful, the person must demonstrate to the satisfaction of the department the proposed meth…

In accordance with the standards and criteria in sections 33.1-24-01-10 and 33.1-24-01-17 and the procedures in section 33.1-24-01-12, the department may determine on a case-by-case basis the following recycled materials are not solid wastes: 1. Materials that are accumulated spe…

1. The department may grant requests for a variance from classifying as a solid waste those materials that are accumulated speculatively without sufficient amounts being recycled if the applicant demonstrates that sufficient amounts of the material will be recycled or transferred…

In accordance with the standards and criteria in section 33.1-24-01-04 (definition of "boiler"), and the procedures in section 33.1-24-01-12, the department may determine on a case-by-case basis that certain enclosed devices using controlled flame combustion are boilers, even tho…

be classified as a boiler or for nonwaste determinations. The department will use the following procedures in evaluating applications for variances from classification as a solid waste or applications to classify particular enclosed flame combustion devices as boilers or applicat…

case-by-case basis. The department may decide on a case-by-case basis that persons accumulating or storing the recyclable materials described in paragraph 3 of subdivision b of subsection 1 of section 33.1-24-02-06 should be regulated under subsections 2 and 3 of section 33.1-24-…

activities. The department will use the following procedures when determining whether to regulate hazardous waste recycling activities described in paragraph 3 of subdivision b of subsection 1 of section 33.1-24-02-06 under the provisions of subsections 2 and 3 of section 33.1-24…

The department may, on a case-by-case basis, grant a variance from this article upon such conditions and within such time limitations as it may prescribe provided it is no less stringent than the federal regulations, 40 CFR parts 260 through 281. History: Effective January 1, 201…

All records related to this article not specifically protected by state or federal law must be made available to the public in accordance with the following provisions: 1. Definitions. For the purposes of this article: a. "Record" means any document, writing, photograph, sound or…

1. An applicant may apply to the department for a formal determination that a hazardous secondary material is not discarded and therefore not a solid waste. The determinations will be based on the criteria contained in subsections 2 or 3, as applicable. If an application is denie…

1. Facilities managing hazardous secondary materials under section 33.1-24-01-09, subdivision x, y, or z of subsection 1 of section 33.1-24-02-04, must send a notification prior to operating under the regulatory provision and by March first of each even-numbered year thereafter, …

1. Recycling of hazardous secondary materials for the purpose of the exclusions or exemptions from the hazardous waste rules must be legitimate. Hazardous secondary material that is not 38 legitimately recycled is discarded material and is a solid waste. In determining if their r…

discarded and a solid waste unless it is immediately recovered for the purpose of reclamation. Hazardous secondary material managed in a unit with leaks or other continuing or intermittent unpermitted releases is discarded and a solid waste. (b) The hazardous secondary material i…

1. This chapter identifies those solid wastes which are subject to regulation as hazardous wastes and which are subject to the notification requirements. In this chapter: a. Sections 33.1-24-02-01 through 33.1-24-02-07 define the terms "solid waste" and "hazardous waste", identif…

1. A solid waste is: a. Any discarded material that is not excluded by subsection 1 of section 33.1-24-02-04 or that is not excluded by variance granted under sections 33.1-24-01-09 and 33.1-24-01-10 or that is not excluded by a nonwaste determination under sections 33.1-24-01-09…