North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › LAND DISPOSAL RESTRICTIONS › Section 33-24-05-250 - Purpose, scope, and applicability to land disposal restrictions

Current through Supplement No. 393, July, 2024
1. Sections
				  33-24-05-250 through 33-24-05-299
				  identify hazardous wastes that are restricted from land disposal and defines
				  those limited circumstances under which an otherwise prohibited waste may
				  continue to be land disposed.
2.
				  Except as specifically provided otherwise in sections
				  33-24-05-250 through 33-24-05-299
				  or 33-24-02, the requirements of sections
				  33-24-05-250 through 33-24-05-299
				  apply to persons who generate or transport hazardous waste and owners and
				  operators of hazardous waste treatment, storage, and disposal
				  facilities.
3. Restricted wastes
				  may continue to be land disposed as follows:
a. Where persons have been granted an
				  extension from the effective date of a prohibition under sections 33-24-05-266
				  through 33-24-05-279 or pursuant to
				  section 33-24-05-254, with respect to
				  those wastes covered by the extension;
b. Where persons have been granted an
				  exemption from a prohibition pursuant to a petition under section
				  33-24-05-255, with respect to
				  those wastes and units covered by the petition;
c. Wastes that are hazardous only because
				  they exhibit a hazardous characteristic, and which are otherwise prohibited
				  under sections
				  33-24-05-250 through 33-24-05-299,
				  or 40 CFR part 148, are not prohibited if the wastes:
(1) Are disposed into a nonhazardous or
				  hazardous injection well as defined in
				  40 CFR
				  144.6(a); and
(2) Do not exhibit any prohibited
				  characteristic of hazardous waste identified in sections
				  33-24-02-10 through
				  33-24-02-14 at the point of
				  injection; or
d. Wastes
				  that are hazardous only because they exhibit a hazardous characteristic, and
				  which are otherwise prohibited under sections
				  33-24-05-250 through 33-24-05-299,
				  are not prohibited if the wastes meet any of the following criteria, unless the
				  wastes are subject to a specified method of treatment other than DEACT in
				  section 33-24-05-280, or are D003 reactive
				  cyanide:
(1) The wastes are managed in a
				  treatment system which subsequently discharges to waters of the United States
				  pursuant to a permit issued under section 402 of the Clean Water Act;
(2) The wastes are treated for purposes of
				  the pretreatment requirements of section 307 of the Clean Water Act;
				  or
(3) The wastes are managed in a
				  zero discharge system engaged in Clean Water Act-equivalent treatment as
				  defined in subsection 1 of section
				  33-24-05-277; and
(4) The wastes no longer exhibit a prohibited
				  characteristic at the point of land disposal (for example, placement in a
				  surface impoundment).