North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-03 - Standards for Generators › Section 33.1-24-03-29 - Conditions for exemption for a large quantity generator that accumulates hazardous waste

Current through Supplement No. 393, July, 2024
A large quantity generator may accumulate hazardous waste
				  onsite without a permit or interim status, and without complying with the
				  requirements of sections
				  33.1-24-05-01
				  through
				  33.1-24-05-249, sections
				  33.1-24-05-300
				  through
				  33.1-24-05-599,
				  33.1-24-06, and
				  33.1-24-07, provided that all
				  of the following conditions for exemption are met:
1.
Accumulation
. A large
				quantity generator accumulates hazardous waste onsite for no more than ninety
				days, unless in compliance with the accumulation time limit extension in
				subsection 2 or F006 accumulation conditions for exemption in subsection 3. The
				following accumulation conditions also apply:
a.
Accumulation of hazardous waste in
				containers.
If the hazardous waste is placed in containers, the large
				quantity generator must comply with the following:
(1)
Air emission standards.
The
				applicable requirements of sections
				33.1-24-05-400
				through
				33.1-24-05-474;
(2)
Condition of containers.
If
				a container holding hazardous waste is not in good condition, or if it begins
				to leak, the large quantity generator must immediately transfer the hazardous
				waste from this container to a container that is in good condition, or
				immediately manage the waste in some other way that complies with the
				conditions for exemption of this section;
(3)
Compatibility of waste with
				container.
The large quantity generator must use a container made of or
				lined with materials that will not react with, and are otherwise compatible
				with, the hazardous waste to be stored, so that the ability of the container to
				contain the waste is not impaired;
(4)
Management of containers.
(a) A container holding hazardous waste
				always must be closed during accumulation, except when it is necessary to add
				or remove waste.
(b) A container
				holding hazardous waste may not be opened, handled, or stored in a manner that
				may rupture the container or cause it to leak.
(5)
Inspections.
At least
				weekly, the large quantity generator shall inspect central accumulation areas.
				The large quantity generator shall look for leaking containers and for
				deterioration of containers caused by corrosion or other factors. See paragraph
				2 of subdivision a of subsection 1 of section 33.1-24-03-29 of this section for
				remedial action required if deterioration or leaks are detected.
(6)
Special conditions for accumulation
				of ignitable and reactive wastes.
(a)
				Containers holding ignitable or reactive waste must be located at least fifteen
				meters [50 feet] from the facility's property line unless a written approval is
				obtained from the authority having jurisdiction over the local fire code
				allowing hazardous waste accumulation to occur within this restricted area. A
				record of the written approval must be maintained as long as ignitable or
				reactive hazardous waste is accumulated in this area.
(b) The large quantity generator 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 the following: Open flames, smoking, cutting and welding,
				hot surfaces, frictional heat, sparks (static, electrical, or mechanical),
				spontaneous ignition (e.g., from heat-producing chemical reactions), and
				radiant heat. While ignitable or reactive waste is being handled, the large
				quantity generator shall confine smoking and open flame to specially designated
				locations. "No Smoking" signs must be conspicuously placed wherever there is a
				hazard from ignitable or reactive waste.
(7)
Special conditions for accumulation
				of incompatible wastes.
(a)
				Incompatible wastes, or incompatible wastes and materials, (see appendix III of
				33.1-24-05 for examples) may
				not be placed in the same container, unless subsection 2 of section
				33.1-24-05-08
				is complied with.
(b) Hazardous
				waste may not be placed in an unwashed container that previously held an
				incompatible waste or material (see appendix III of
				33.1-24-05 for examples),
				unless subsection 2 of section
				33.1-24-05-08
				is complied with.
(c) A container
				holding a hazardous waste that is incompatible with any waste or other
				materials accumulated or stored nearby in other containers, piles, open tanks,
				or surface impoundments must be separated from the other materials or protected
				from them by means of a dike, berm, wall, or other
				device.