North Dakota Administrative Code

1. General import requirements. a. With the exception of subdivision e, importers of shipments covered under a consent from environmental protection agency to the country of export issued before December 31, 2016, are subject to that approval and the requirements that existed at …

Repealed effective July 1, 2020.

Repealed effective July 1, 2020.

33.1-24-03-59. Organization for economic cooperation and development waste lists. Repealed effective July 1, 2020.

the waste meets the federal definition of hazardous waste in 40 CFR 261.3 and is subject to manifesting requirements at sections 33.1-24-03-04 through 33.1-24-03-07, the universal waste management standards of sections 33.1-24-05-700 through 33.1-24-05-799 or the export requireme…

accumulation of unwanted material for laboratories owned by eligible academic entities. Sections 33.1-24-03-60 through 33.1-24-03-77 apply to laboratories owned by eligible academic entities that generate hazardous waste and choose to comply with these alternative requirements. H…

In addition to the definitions set forth in section 33.1-24-01-04, the following definitions apply to sections 33.1-24-03-60 through 33.1-24-03-77: 1. "Central accumulation area" means any onsite hazardous waste accumulation area with hazardous waste accumulating in units subject…

1. Large quantity generators and small quantity generators. Sections 33.1-24-03-60 through 33.1-24-03-77 provide alternative requirements to the requirements in section 33.1-24-03-02 and section 33.1-24-03-27 for the hazardous waste determination and accumulation of hazardous was…

eligible academic entities. 1. Large quantity generators and small quantity generators. Eligible academic entities have the option of complying with sections 33.1-24-03-60 through 33.1-24-03-77 with respect to the eligible academic entity's laboratories, as an alternative to comp…

33.1-24-03-60 through 33.1-24-03-77. 1. An eligible academic entity must notify the department, in writing, using the Resource Conservation and Recovery Act subtitle C site identification form (environmental protection agency form 8700-12), that the eligible academic entity is el…

complying with sections 33.1-24-03-60 through 33.1-24-03-77. 1. An eligible academic entity must notify the department, in writing, using the Resource Conservation and Recovery Act subtitle C site identification form (environmental protection agency form 8700-12), that it is elec…

An eligible academic entity that chooses to be subject to sections 33.1-24-03-60 through 33.1-24-03-77 is not required to have interim status or a hazardous waste permit for the accumulation of unwanted material and hazardous waste in an eligible academic entity's laboratories, p…

laboratories. An eligible academic entity must manage containers of unwanted material while in the laboratory in accordance with the requirements in this section. 1. Label unwanted material as follows: a. The following information must be affixed or attached to the container: (1)…

An eligible academic entity must provide training to all individuals working in a laboratory at the eligible academic entity, as follows: 1. Training for laboratory workers and students must be commensurate with their duties so they understand the requirements in sections 33.1-24…

1. Removing containers of unwanted material on a regular schedule. An eligible academic entity must either: a. Remove all containers of unwanted material from each laboratory on a regular interval, not to exceed six months; or b. Remove containers of unwanted material from each l…

send containers of unwanted material upon removal from the laboratory. 1. Large quantity generators and small quantity generators. An eligible academic entity must ensure that a trained professional makes a hazardous waste determination, pursuant to section 33.1-24-03-02, for unw…

material is removed. If an eligible academic entity makes the hazardous waste determination, pursuant to section 33.1-24-03-02, for unwanted material in the laboratory, the eligible academic entity must comply with the following: 1. A trained professional must make the hazardous …

If an eligible academic entity makes the hazardous waste determination, pursuant to section 33.1-24-03-02, for unwanted material at an onsite central accumulation area, the eligible academic entity must comply with the following: 1. A trained professional must accompany all unwan…

treatment, storage, or disposal facility. If an eligible academic entity makes the hazardous waste determination, pursuant to section 33.1-24-03-02, for unwanted material at an onsite interim status or permitted treatment, storage, or disposal facility, the eligible academic enti…

1. One time per twelve-month period for each laboratory, an eligible academic entity may choose to conduct a laboratory clean-out that is subject to all the applicable requirements of sections 33.1-24-03-60 through 33.1-24-03-77, except that: a. If the volume of unwanted material…

An eligible academic entity must develop and retain a written laboratory management plan, or revise an existing written plan. The laboratory management plan is a site-specific document that describes how the eligible academic entity will manage unwanted materials in compliance wi…

1. If an unwanted material does not meet the definition of solid waste in section 33.1-24-02-02, the unwanted material is no longer subject to sections 33.1-24-03-60 through 33.1-24-03-77, or to article 33.1-24, North Dakota hazardous waste management rules. 2. If an unwanted mat…

practices in part II of the eligible academic entity's laboratory management plan if the eligible academic entity chooses. 1. The eligible academic entity must implement and comply with the specific provisions of part I of the eligible academic entity's laboratory management plan…

CHAPTER 33.1-24-03 STANDARDS FOR GENERATORS Section 33.1-24-03-01 Scope and Applicability 33.1-24-03-02 Hazardous Waste Determination 33.1-24-03-03 Identification Number, Registration Certificate, and Generator Category Determination 33.1-24-03-04 General Requirements of the Mani…

CHAPTER 33.1-24-03 STANDARDS FOR GENERATORS Section 33.1-24-03-01 Scope and Applicability 33.1-24-03-02 Hazardous Waste Determination 33.1-24-03-03 Identification Number, Registration Certificate, and Generator Category Determination 33.1-24-03-04 General Requirements of the Mani…

CHAPTER 33.1-24-03 STANDARDS FOR GENERATORS Section 33.1-24-03-01 Scope and Applicability 33.1-24-03-02 Hazardous Waste Determination 33.1-24-03-03 Identification Number, Registration Certificate, and Generator Category Determination 33.1-24-03-04 General Requirements of the Mani…

CHAPTER 33.1-24-03 STANDARDS FOR GENERATORS Section 33.1-24-03-01 Scope and Applicability 33.1-24-03-02 Hazardous Waste Determination 33.1-24-03-03 Identification Number, Registration Certificate, and Generator Category Determination 33.1-24-03-04 General Requirements of the Mani…

CHAPTER 33.1-24-03 STANDARDS FOR GENERATORS Section 33.1-24-03-01 Scope and Applicability 33.1-24-03-02 Hazardous Waste Determination 33.1-24-03-03 Identification Number, Registration Certificate, and Generator Category Determination 33.1-24-03-04 General Requirements of the Mani…

CHAPTER 33.1-24-03 STANDARDS FOR GENERATORS Section 33.1-24-03-01 Scope and Applicability 33.1-24-03-02 Hazardous Waste Determination 33.1-24-03-03 Identification Number, Registration Certificate, and Generator Category Determination 33.1-24-03-04 General Requirements of the Mani…

CHAPTER 33.1-24-03 STANDARDS FOR GENERATORS Section 33.1-24-03-01 Scope and Applicability 33.1-24-03-02 Hazardous Waste Determination 33.1-24-03-03 Identification Number, Registration Certificate, and Generator Category Determination 33.1-24-03-04 General Requirements of the Mani…

88 APPENDIX I UNIFORM HAZARDOUS WASTE MANIFEST AND INSTRUCTIONS (Environmental Protection Agency Forms 8700-22 and 8700-22A and Their Instructions) United States Environmental Protection Agency Form 8700-22 Read all instructions before completing this form. 1. This form has been …

1. This chapter establishes standards which apply to persons transporting hazardous waste within this state if the transportation requires a manifest under chapter 33.1-24-03. 2. This chapter does not apply to onsite transportation of hazardous waste by generators or by owners or…

1. A transporter may not transport hazardous wastes without having received an identification number, a transporter permit, and a registration certificate from the department. 2. A transporter who has not received an identification number and a registration certificate, or a tran…

1. A transporter who stores manifested shipments of hazardous waste in containers meeting the requirements of section 33.1-24-03-08 at a transfer facility for a period of ten days or less is not subject to regulation under chapters 33.1-24-05 and 33.1-24-06 with respect to the st…

1. Transporters subject to manifesting requirements. a. Manifest requirement. A transporter may not accept hazardous waste from a generator unless the transporter is also provided with a manifest signed in accordance with the provisions of subsections 1 through 7 of section 33.1-…

1. The transporter must deliver the entire quantity of hazardous waste which the transporter has accepted from a generator or a transporter to: a. The designated facility listed on the manifest; b. The alternate designated facility, if the hazardous waste cannot be delivered to t…

1. A transporter of hazardous waste must keep a copy of the manifest signed by the transporter, the generator, and the next designated transporter or the owner or operator of the designated facility for a period of three years from the date the hazardous waste was accepted by the…

1. In the event of a discharge of hazardous waste during transportation, the transporter must take appropriate immediate action to protect human health and the environment, e.g., notify local authorities and dike the discharge area. 2. If a discharge of hazardous waste occurs dur…

A transporter must clean up any hazardous waste discharge that occurs during transportation or take such action as may be required or approved by federal, state, or local officials so that the hazardous waste discharge no longer presents a hazard to human health or the environmen…

impoundments annually is greater than the volume of the impoundment or impoundments, this flowthrough constitutes removal of the supernatant for the purpose of this requirement. (3) Subsequent management. Treatment residues may not be placed in any other surface impoundment for s…

nonhazardous waste pharmaceuticals as potentially creditable hazardous waste pharmaceuticals under sections 33.1-24-05-310 through 33.1-24-05-320. 2. Accepting potentially creditable hazardous waste pharmaceuticals from an offsite health care facility that is a very small quantit…

therefore is not a hazardous waste pharmaceutical, if it is legitimately used or reused, e.g., lawfully donated for its intended purpose, or reclaimed. An over-the-counter pharmaceutical, dietary supplement, or homeopathic drug is not a solid waste, as defined in section 33.1-24-…

1. The purpose of this chapter is to establish minimum standards which define the acceptable management of hazardous waste. 2. The standards in this chapter apply to owners and operators of all facilities which treat, store, or dispose of hazardous waste, except as specifically p…

Every facility owner or operator shall apply to the department for an identification number and a permit. The department may assess and collect reasonable fees for the review and issuance of permits. History: Effective January 1, 2019. General Authority: NDCC 23.1-04-03, 23.1-04-…

1. The owner or operator of a facility that is arranging or has arranged to receive hazardous waste subject to sections 33.1-24-03-50 through 33.1-24-03-55 from a foreign source shall submit the following required notices: a. As per subsection 2 of section 33.1-24-03-55, for impo…

1. Waste analysis requirements. a. Before an owner or operator treats, stores, or disposes of any hazardous wastes, the owner or operator shall obtain a detailed chemical and physical analysis of a representative sample of the waste. At a minimum, this analysis must contain all t…

1. The owner or operator shall prevent the unknowing entry, and minimize the possibility for the unauthorized entry, of persons or livestock onto the active portion of the owner's or operator's facility, unless the owner or operator can demonstrate to the department that: a. Phys…

1. The owner or operator shall inspect the facility for malfunctions and deterioration, operator errors, and discharges which may be causing or may lead to release of hazardous waste constituents to the environment, or a threat to human health. The owner or operator shall 33 cond…

1. Initial training requirements. a. Facility personnel shall successfully complete a program of classroom instruction or on-the-job training that teaches them to perform their duties in a way that ensures the facility's compliance with the requirements of these rules. The owner …

1. The owner or operator shall take precautions to prevent accidental ignition or reaction of ignitable or reactive waste. This waste must be separated and protected from sources of ignition or reaction, including open flames, smoking, cutting and welding, hot surfaces, frictiona…