North Dakota Administrative Code

1. Incompatible wastes, or incompatible wastes and materials, may not be placed in the same container, unless subsection 2 of section 33.1-24-05-08 is complied with. 148 2. Hazardous waste must not be placed in an unwashed container that previously held an incompatible waste or m…

1. Sections 33.1-24-05-960 through 33.1-24-05-979 applies to owners or operators of facilities that treat or store hazardous waste under sections 33.1-24-06-45 through 33.1-24-06-85, except as provided in subsection 2 of section 33.1-24-05-950. 2. To comply with sections 33.1-24-…

To comply with sections 33.1-24-05-950 through 33.1-24-05-1149, the facility owner or operator must apply to the department for an identification number. History: Effective January 1, 2019. General Authority: NDCC 23.1-04-03; S.L. 2017, ch. 199, § 1 Law Implemented: NDCC 23.1-04-…

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…

1. Before an owner or operator treats or stores any hazardous wastes, the owner or operator must obtain a detailed chemical and physical analysis of a representative sample of the wastes. At a minimum, the analysis must contain all the information needed to treat or store the was…

1. The owner or operator must prevent, and minimize the possibility for, livestock and unauthorized people from entering the active portion of the facility. 2. The facility must have: a. A twenty-four hour surveillance system, for example, television monitoring or surveillance by…

1. The owner or operator must inspect the facility for malfunctions and deterioration, operator errors, and discharges that may be causing, or may lead to: a. Release of hazardous waste constituents to the environment; or b. A threat to human health. The owner or operator must co…

1. Facility personnel must 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 sections 33.1-24-05-950 through 33.1-24-05-1149. The owner…

1. The owner or operator must take precautions to prevent accidental ignition or reaction of ignitable or reactive waste by following these requirements: a. These wastes must be separated and protected from sources of ignition or reaction such as: open flames, smoking, cutting an…

The department will not issue or approve a permit to any facility or portion of a facility which is or will be constructed in a location with a geology, hydrogeology, hydrology, or topography which the department reasonably believes is incompatible with the type of hazardous wast…

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…

At closure, all hazardous waste and hazardous waste residues must be removed from the containment system. Remaining containers, liners, bases, and soil containing or contaminated with hazardous waste or hazardous waste residues must be decontaminated or removed. History: Effectiv…

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…

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…

The owner or operator shall manage all hazardous waste placed in a container in accordance with the requirements of sections 33.1-24-05-400 through 33.1-24-05-474. History: Effective January 1, 2019. General Authority: NDCC 23.1-04-03; S.L. 2017, ch. 199, § 1 Law Implemented: NDC…

Sections 33.1-24-05-980 through 33.1-24-05-989 applies to owners or operators of facilities that treat or store hazardous waste under sections 33.1-24-06-45 through 33.1-24-06-85, except as provided in subsection 2 of section 33.1-24-05-950. History: Effective January 1, 2019. Ge…

The owner or operator must design, construct, maintain, and operate the facility to minimize the possibility of a fire, explosion, or any unplanned sudden or nonsudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water that could threaten hu…

The facility must be equipped with all of the following, unless none of the hazards posed by waste handled at the facility could require a particular kind of equipment specified below: 1. An internal communications or alarm system capable of providing immediate emergency instruct…

The owner or operator must test and maintain all required facility communications or alarm systems, fire protection equipment, spill control equipment, and decontamination equipment, as necessary, to assure its proper operation in time of emergency. History: Effective January 1, …

1. Whenever hazardous waste is being poured, mixed, spread, or otherwise handled, all personnel involved in the operation must have immediate access to an internal alarm or emergency communication device, either directly or through visual or voice contact with another employee, u…

The owner or operator must maintain enough aisle space to allow the unobstructed movement of personnel, fire protection equipment, spill control equipment, and decontamination equipment to any area of facility operation in an emergency, as appropriate, considering the type of was…

1. The owner or operator must attempt to make the following arrangements, as appropriate, for the type of waste handled at the facility and the potential need for the services of these organizations: a. Arrangements to familiarize police, fire departments, and emergency response …

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…

Sections 33.1-24-05-990 through 33.1-24-05-1009 applies to owners or operators of facilities that treat or store hazardous waste under sections 33.1-24-06-45 through 33.1-24-06-85, except as provided in subsection 2 of section 33.1-24-05-950. History: Effective January 1, 2019. G…

1. The owner or operator must have a contingency plan for the facility. The contingency plan must be designed to minimize hazards to human health or the environment from fires, explosions, or any unplanned sudden or nonsudden release of hazardous waste or hazardous waste constitu…

1. The contingency plan must: a. Describe the actions facility personnel will take to comply with sections 33.1-24-05-991 and 33.1-24-05-996 in response to fires, explosions, or any unplanned sudden or nonsudden release of hazardous waste or hazardous waste constituents to air, s…

1. The owner or operator must maintain a copy of the plan with all revisions at the facility; and 2. A copy must be submitted, with all revisions, to all local police departments, fire departments, hospitals, and state and local emergency response teams that may be called upon to…

The owner or operator must review, and immediately amend the contingency plan, if necessary, whenever: 1. The facility permit is revised; 2. The plan fails in an emergency; 3. The facility changes in its design, construction, operation, maintenance, or other circumstances in a wa…

At least one employee must be either on the facility premises or on call at all times, for example, available to respond to an emergency by reaching the facility within a short period of time, who has the responsibility for coordinating all emergency response measures. This emerg…

1. Whenever there is an imminent or actual emergency situation, the emergency coordinator, or the coordinator's designee when the emergency coordinator is on call, must immediately: a. Activate internal facility alarm or communication systems, where applicable, to notify all faci…

1. Immediately after an emergency, the emergency coordinator must provide for treating, storing, or disposing of recovered waste, contaminated soil or surface water, or any other material that results from a release, fire, or explosion at the facility. 2. The emergency coordinato…

1. The owner or operator must notify the department and other appropriate state and local authorities, that the facility is in compliance with subsection 2 of section 33.1-24-05-997 before operations are resumed in the affected areas of the facility. 2. The owner or operator must…

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…

through 33.1-24-05-299. (5) Will be reclaimed Do not store these Are exempt from Are subject to chapter 215 other than through batteries before you chapters 33.1-24-03 33.1-24-02 and regeneration. reclaim them. (except for section section 33.1-24-03-02), 33.1-24-03-02, and 33.1-2…

before the initial receipt of hazardous wastes. 9. If wastes generated offsite are managed, the waste analysis plan. 10. If waste generated from offsite are managed, documentation showing that the waste generator and the offsite facility are under the same ownership. History: Eff…

section 33.1-24-05-125: (a) The volume, physical, and chemical characteristics of the wastes, including their potential to migrate through soil or to volatilize or escape into the atmosphere. (b) The attenuative properties of underlying and surrounding soils or other materials. (…

those sections. (a) The liner system (except for an existing portion of a surface impoundment). If an exemption from the requirement for a liner system is sought as provided by subsection 2 of section 33.1-24-05-119, submit detailed plans and engineering and hydrogeologic reports…

as provided by subsection 2 of section 33.1-24-05-131, submit detailed plans, and engineering and hydrogeological reports, as appropriate, describing alternate designs and operating practices that will, in conjunction with location aspects, prevent the migration of any hazardous …

demonstration and updated following the treatment demonstration. The land treatment program must address the following items: (a) The wastes to be land treated. (b) Design measures and operating practices necessary to maximize treatment in accordance with subsection 1 of section …