reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-22 - Practice and Procedure › Chapter 33-22-03 - Prehearing Matters › Section 33-22-03-02 - Prehearing conference

Current through Supplement No. 393, July, 2024
A prehearing conference may be held at any time at the
				  discretion of the department or hearing officer prior to any hearing. The
				  prehearing conference shall be an informal proceeding conducted fairly and
				  expeditiously by the hearing officer, for purposes of identifying and
				  simplifying the issues to be determined, identifying and limiting the number of
				  witnesses, and reaching an agreement on any or all issues of law or fact
				  without the necessity for further hearing thereon. In addition to any offer of
				  settlement, the following are appropriate for consideration at a prehearing
				  conference:
1. The simplification of
				issues.
2. The necessity or
				desirability of amendment to the pleadings.
3. The exchange and acceptance of service of
				exhibits proposed to be offered in evidence.
4. The obtaining of admission as to, or
				stipulations of, facts not remaining in dispute, or the authenticity of
				documents which may properly shorten the hearing.
5. The limitation of the number of witnesses.
6. Such other matters as may
				properly be dealt with to aid in expediting the orderly conduct of the
				proceeding.
General Authority:
NDCC 28-32-02
Law Implemented:
NDCC 28-32-05, 28-32-06,
				  28-32-07, 28-32-08, 28-32-09,
28-32-11
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-22 - Practice and Procedure › Chapter 33-22-03 - Prehearing Matters › Section 33-22-03-03 - Conference results stipulated

Current through Supplement No. 393, July, 2024
Upon conclusion of prehearing conference, the parties shall
				  immediately reduce the results thereof to the form of a written stipulation
				  which recites the matters agreed upon, and the stipulation shall be filed with
				  the department. Any such stipulation may be received in evidence at a hearing
				  and, when so received, shall be binding on the parties with respect to the
				  matters therein stipulated.
General Authority:
NDCC 28-32-02
Law Implemented:
NDCC 28-32-05, 28-32-06,
				  28-32-07, 28-32-08, 28-32-09,
28-32-11
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-22 - Practice and Procedure › Chapter 33-22-03 - Prehearing Matters › Section 33-22-03-04 - Consolidation

Current through Supplement No. 393, July, 2024
The department, upon its own motion, or upon motion by any
				  party, may order two or more proceedings involving a similar question of law or
				  facts to be consolidated for hearing where rights of the parties or the public
				  interest will not be prejudiced by such procedure.
General Authority:
NDCC 28-32-02
Law Implemented:
NDCC 28-32-05, 28-32-06,
				  28-32-07, 28-32-08, 28-32-09,
28-32-11
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-22 - Practice and Procedure › Chapter 33-22-04 - Hearings › Section 33-22-04-01 - Hearing officers

Current through Supplement No. 393, July, 2024
1.
Appointment.
All hearing officers shall be appointed by the
				department. The department shall appoint a hearing officer within five days of
				service of a complaint or petition. Notification of the appointment shall be
				made to all parties in such manner as the department may direct.
2.
Qualifications.
a. All appointments of hearing officers shall
				be consistent with the purpose of obtaining objectivity and impartiality in
				making decisions.
b. The hearing
				officer may be an employee or a member of the department. The department may
				appoint as hearing officer a person who is not an employee or member of the
				department. In such event, the hearing officer shall be an attorney at law
				licensed to practice in North Dakota, unless some other person is agreed upon
				by all parties; provided, that such hearing officer shall be considered an
				employee of the department for the sole purpose of compensation, if any, and
				authorization to conduct the hearing and recommend findings of fact and
				decision to the department. In all other respects, the hearing officer shall be
				independent of the department.
c.
				In all cases, the department retains discretion to conduct the hearing itself,
				in which case an employee of the department shall be the hearing officer.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-22 - Practice and Procedure › Chapter 33-22-04 - Hearings › Section 33-22-04-02 - Discovery

Current through Supplement No. 393, July, 2024
1.
Agency discovery.
a. Information. Upon request of the
				department or the hearing officer, any party to the matter shall furnish to the
				department or the hearing officer any information which the party may have
				which is relevant to the matter under consideration.
b. Examination of records. Upon request of
				the department or the hearing officer, any party shall allow the department or
				any member, employee, or agent of the department, when authorized by it or the
				hearing officer, of the officer personally, to examine and copy any books,
				papers, records, or memoranda pertaining to the matter under consideration.
c. Inspection of premises. Upon
				request of the department or the hearing officer, any party shall allow the
				department, or any member, employee, or agent of the department when authorized
				by it or the hearing officer, or the hearing officer personally, to enter upon
				any of the party's property for the purpose of obtaining information, examining
				any physical facility, or examining records or conducting surveys or
				investigations.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-22 - Practice and Procedure › Chapter 33-22-04 - Hearings › Section 33-22-04-03 - Appearance

Current through Supplement No. 393, July, 2024
Interested parties shall enter their appearances at the
				  beginning of the hearing by giving their name and address and briefly stating
				  whether they appear in support of the complaint or in opposition thereto, or
				  otherwise. All such appearances shall be noted on the record with a notation in
				  whose behalf each appearance is made. Included in such appearances shall be the
				  names of the members of the department's staff participating in the hearing of
				  investigation and the names of any other persons appearing for the department.
General Authority:
NDCC 28-32-02
Law Implemented:
NDCC
				  28-32-02
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-22 - Practice and Procedure › Chapter 33-22-04 - Hearings › Section 33-22-04-04 - Continuance

Current through Supplement No. 393, July, 2024
Before or after any hearing, continuances may be granted by
				  the department for good and sufficient cause. A motion for such a continuance
				  shall be made in writing, filed with the department, and served on opposing
				  counsel or parties. Such motions shall be presented as far in advance of date
				  fixed for hearing as possible to ensure favorable action. The department may
				  effect a continuance before or after any hearing upon its own motion. The
				  hearing officer may grant oral or written requests for continuances during any
				  hearing.
General Authority:
NDCC 28-32-02
Law Implemented:
NDCC
				  28-32-02
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-22 - Practice and Procedure › Chapter 33-22-04 - Hearings › Section 33-22-04-05 - Order of procedure

Current through Supplement No. 393, July, 2024
In hearings on formal complaints and petitions, the
				  complainant or petitioner, as the case may be, shall open and close. In
				  hearings on an order to show cause, the respondent shall open and close. When
				  proceedings have been consolidated for hearing, the officer shall designate who
				  shall open and close.
Intervenors shall follow the parties in whose behalf the
				  intervention is made. Where the intervention is not in support of an original
				  party, the presiding officer shall designate at which stage such intervenor
				  shall be heard. In proceedings where the evidence is materially within the
				  knowledge or control of another party or participant, the foregoing order or
				  presentation may be varied by the officer.
General Authority:
NDCC 28-32-02
Law Implemented:
NDCC
				  28-32-02
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-22 - Practice and Procedure › Chapter 33-22-04 - Hearings › Section 33-22-04-06 - Appeal to department from ruling of hearing officer - Offer of proof

Current through Supplement No. 393, July, 2024
An appeal may be taken to the department from a ruling of an
				  officer during the course of a hearing only where extraordinary circumstances
				  necessitate a prompt decision by the department to prevent detriment to the
				  public interest.
Any offer of proof made in connection with an objection
				  taken to any ruling of the hearing officer rejecting or excluding proffered
				  oral testimony shall consist of a statement of the substance of the evidence
				  which counsel contends would be adduced by such testimony; and, if the excluded
				  evidence consists of evidence in documentary or written form or reference to
				  documents or records, a copy of such evidence shall be marked for
				  identification and shall constitute the offer of proof.
General Authority:
NDCC 28-32-02
Law Implemented:
NDCC
				  28-32-02
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-22 - Practice and Procedure › Chapter 33-22-04 - Hearings › Section 33-22-04-07 - Oral argument

Current through Supplement No. 393, July, 2024
1.
Before
				officer.
When, in the opinion of the hearing officer, time permits and
				the nature of the proceedings, the complexity or the importance of the issues
				of fact or law involved, and the public interest warrant, such officer may,
				either on the officer's own motion, or at the request of any party at or before
				the close of the taking of testimony, allow and fix a time for the presentation
				of oral argument imposing such limits of time on the argument as deemed
				appropriate. Such arguments shall be transcribed and bound with the transcript
				of testimony, if a transcript is prepared.
2.
Before department.
Request
				for authority to present oral argument before the department may be made at the
				time of any appeal taken during the hearing, at the conclusion of the taking of
				evidence, or on brief, at such time as the department may allow. The department
				will fix the time for oral argument, if allowed, and notify the parties.
General Authority:
NDCC 28-32-02
Law Implemented:
NDCC 28-32-02
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-22 - Practice and Procedure › Chapter 33-22-04 - Hearings › Section 33-22-04-08 - Briefs and proposed findings of fact and conclusions of law

Current through Supplement No. 393, July, 2024
1. Each party to any proceeding may file
				proposed findings of fact and conclusions of law, briefs, or memoranda of law;
				provided, however, that the department or hearing officer may direct any party
				to file proposed findings of fact and conclusions of law, briefs, or memoranda
				of law.
2. The department or
				hearing officer shall fix the time for the filing and service of proposed
				findings of fact and conclusions of law, briefs, or memoranda of law, giving
				due regard to the nature of the proceeding, the magnitude of the record, and
				the complexity or importance of the issues involved, and shall fix the order in
				which such documents shall be filed.
3. Should a party find that it is unable to
				meet the date for filing and serving proposed findings of facts and conclusions
				of law, briefs, or memoranda of law, such party shall so notify the department
				or hearing officer and the other parties in writing, therein setting forth the
				reasons for such inability together with a request for an extension of time to
				a date certain for filing and service.
4. When it is ordered that proposed findings
				of fact and conclusions of law, briefs, or memoranda of law be filed and served
				by the party initiating the proceeding, and where such party fails to file and
				serve by the date specified without complying with subsection 3, the department
				on its own motion or the motion of any party may, in its discretion, dismiss
				the proceeding. Such failure in the case of an intervenor, protestant, or
				respondent may be deemed a waiver of the right to participate further in the
				proceeding, and the department on its own motion or the motion of any party may
				so order.
5. Exhibits should not
				be reproduced in a brief, but may, if desired, be reproduced in an appendix to
				the brief. Every brief of more than twenty pages shall contain a subject index,
				with page references, and the pages where the citations appear. All briefs
				shall be as concise as possible.
6. All briefs shall be accompanied by
				certificate showing service upon all parties or their attorneys who appeared at
				the hearing. One copy of each brief shall be furnished for the use of the
				department unless otherwise directed by the department or hearing officer.
General Authority:
NDCC 28-32-02
Law Implemented:
NDCC 28-32-13
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-22 - Practice and Procedure › Chapter 33-22-05 - Evidence › Section 33-22-05-01 - Rules

Current through Supplement No. 393, July, 2024
The admissibility of evidence shall be determined generally
				  in accordance with the practice in the district courts of this state, except to
				  the extent that this article conflicts therewith. However the department or the
				  hearing officer may waive the usual common law or statutory rules of evidence
				  where such waiver is necessary to ascertain the substantial rights of the
				  public and interested parties. When objection is made to the admissibility of
				  evidence, the hearing officer shall receive such evidence subject to later
				  ruling by the department.
General Authority:
NDCC 28-32-02
Law Implemented:
NDCC 28-32-06,
				  28-32-18
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-22 - Practice and Procedure › Chapter 33-22-05 - Evidence › Section 33-22-05-02 - Witnesses

Current through Supplement No. 393, July, 2024
Witnesses will be orally examined under oath before the
				  department or hearing officer. Testimony may also be taken by deposition as
				  provided in subdivision b of subsection 2 of section
				  33-22-04-02. Written testimony of
				  any witness may be received when properly supported by the oral testimony of
				  its author.
General Authority:
NDCC 28-32-02
Law Implemented:
NDCC
				  28-32-02
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-22 - Practice and Procedure › Chapter 33-22-05 - Evidence › Section 33-22-05-03 - Subpoena

Current through Supplement No. 393, July, 2024
Subpoenas for the attendance of witnesses or for the
				  production of documentary evidence, unless directed by the department upon its
				  own motion, will issue only upon application in writing to the department, or
				  to the hearing officer, except that during a hearing such application may be
				  made orally on the record before the hearing officer who shall have the
				  authority to determine the relevancy and the materiality of the evidence sought
				  and to issue such subpoenas if warranted. Written application shall specify the
				  general relevance and materiality of the testimony or documentary evidence
				  sought, including, as to documentary evidence, specifications as nearly as may
				  be of the documents desired and the facts to be proved by them. The cost of
				  serving any subpoena shall be paid by the party requesting it. Any witness who
				  is subpoenaed under the provisions of this section and who appears at the
				  hearing shall receive the same fees and mileage as witnesses in the district
				  courts of this state, and such costs will be paid by the party at whose
				  instance the witness appears. No witness fees will be allowed except on a
				  subpoena.
General Authority:
NDCC 28-32-02
Law Implemented:
NDCC
				  28-32-02
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-22 - Practice and Procedure › Chapter 33-22-05 - Evidence › Section 33-22-05-04 - Stipulations

Current through Supplement No. 393, July, 2024
The parties to any proceeding or investigation before the
				  department may, by stipulation in writing, filed with the department or orally
				  entered in the record, agree upon the facts, or any portion thereof, involved
				  in the controversy, and any such stipulation may be received in evidence at a
				  hearing and when so received shall be binding upon the parties with respect to
				  the matters stipulated therein.
General Authority:
NDCC 28-32-02
Law Implemented:
NDCC
				  28-32-02
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-22 - Practice and Procedure › Chapter 33-22-05 - Evidence › Section 33-22-05-05 - Documentary evidence

Current through Supplement No. 393, July, 2024
Where relevant and material matter offered in evidence by
				  any party is embraced in a book, paper, or a document containing other matter
				  not material or relevant, the party must plainly designate the matter so
				  offered. If the other matter is in such volume as would unnecessarily encumber
				  the record, such book, paper, or document will not be received in evidence but
				  may be marked for identification and, if properly authenticated, the relevant
				  and material matter may be read into the record, or if the department or
				  hearing officer directs, a true copy of such matter in proper form shall be
				  received as an exhibit and like copies delivered by the party offering the same
				  to all parties or their attorneys appearing at the hearing who shall be
				  afforded an opportunity to examine the entire book, paper, or document and to
				  offer in evidence in like manner any portions thereof found to be material and
				  relevant. Any matter contained in a report or other official document on file
				  with the department may be offered in evidence by merely identifying the
				  report, document, or other file containing the matter so offered.
General Authority:
NDCC 28-32-02
Law Implemented:
NDCC 28-32-06,
				  28-32-18
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-22 - Practice and Procedure › Chapter 33-22-05 - Evidence › Section 33-22-05-06 - Exhibits

Current through Supplement No. 393, July, 2024
1. Exhibits must be on paper of good quality
				and so prepared as to be plainly legible and durable whether printed,
				typewritten, mimeographed, photographed, or otherwise, and if possible should
				be folded to a size not to exceed eight and one-half by fourteen inches [21.59
				by 35.56 centimeters]. Whenever practicable, the sheets of each exhibit and
				line of each sheet should be numbered, and if the exhibit consists of five or
				more sheets, the first sheet or title page should contain a brief statement of
				what the exhibit purports to show with reference by sheet and line to
				illustrative or typical example contain in the exhibit. Whenever practicable,
				documents produced by a single witness shall be assembled and bound together
				suitably arranged and indexed so that they may be identified and offered as one
				exhibit. The source of all material contained in any exhibit should be
				definitely shown.
2. Two copies of
				each exhibit will be furnished for the use of the department whenever it shall
				request. Copies must also be available for all parties of record in a
				proceeding.
General Authority:
NDCC 28-32-02
Law Implemented:
NDCC 28-32-02
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-22 - Practice and Procedure › Chapter 33-22-05 - Evidence › Section 33-22-05-07 - Official notice

Current through Supplement No. 393, July, 2024
The department or the hearing officer may take notice of any
				  fact or facts set forth in duly established regulations, annual reports, or any
				  statistical data to which reference is made on the record at the hearing or any
				  facts which are judicially noticed by the courts of this state.
General Authority:
NDCC 28-32-02
Law Implemented:
NDCC 28-32-02
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-22 - Practice and Procedure › Chapter 33-22-06 - Reopening - Rehearing - Review › Section 33-22-06-01 - Petition to reopen

Current through Supplement No. 393, July, 2024
At any time after the conclusion of a hearing, but before
				  entry of the final order by the department, any party to a proceeding may file
				  with the department a petition to reopen the proceeding for the purpose of
				  taking additional evidence.
1. Such
				petition shall set forth clearly the facts claimed to constitute the grounds
				requiring reopening of the proceeding, including the material changes of fact
				or law alleged to have occurred since the conclusion of the hearing.
2. A copy of the petition to reopen shall be
				served by the petitioning party upon all parties to the proceedings or their
				attorneys of record, and a certificate to that effect will be attached to the
				petition when filed with the department.
3. Within ten days following the service of
				any petition to reopen, any other party to the proceeding may file with the
				department the party's answer thereto. Any party not filing such answer is in
				default thereof and shall be deemed to have waived any objection to the
				granting of such petition.
If, after the hearing in a proceeding, either before or
				  after the issuance of its final order, or if no hearing has been held, only
				  after the issuance of its final order, the department shall have reason to
				  believe the conditions of fact or law have so changed as to require, or that
				  public interest requires, the reopening of such proceeding, the department will
				  issue an order for the reopening of the proceeding. The department shall act on
				  any petition to reopen within ten days of receipt thereof and may, in its
				  discretion, hear oral argument on any such petition.
General Authority:
NDCC 28-32-02
Law Implemented:
NDCC 28-32-14, 28-32-15,
				  28-32-16, 28-32-17, 28-32-18,
28-32-19, 28-32-20, 28-32-21
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-22 - Practice and Procedure › Chapter 33-22-06 - Reopening - Rehearing - Review › Section 33-22-06-02 - Petition for rehearing

Current through Supplement No. 393, July, 2024
1. Petition
				for rehearing of a proceeding must be filed within fifteen days after a copy of
				the final order has been sent to the petitioning party by the department.
2. The petition shall state
				concisely the alleged errors in the department's decision or order and the
				specific grounds relied upon by the petitioner. If an order of the department
				is sought to be vacated, reversed, or modified by reason of matters that have
				arisen since the hearing and decision or order, or by reason of a consequence
				that would result from the compliance therewith, the matters relied upon by the
				petitioner shall be set forth in the petition.
3. A petition for rehearing shall be served
				by the petitioner upon all parties to the proceeding or to their attorneys of
				record.
4. Within ten days
				following the service of such petition, any party to the proceeding may file
				with the department the party's answer thereto. Any party not filing such an
				answer is in default thereof and shall be deemed to have waived any objection
				to the granting of such petition.
5. The department shall act on any petition
				for rehearing within ten days of receipt thereof and may, in its discretion,
				hear oral argument on such petition.
General Authority:
NDCC 28-32-02
Law Implemented:
NDCC 28-32-14, 28-32-15,
				  28-32-16, 28-32-17, 28-32-18,
28-32-19, 28-32-20, 28-32-21
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-22 - Practice and Procedure › Chapter 33-22-06 - Reopening - Rehearing - Review › Section 33-22-06-03 - Appeal

Current through Supplement No. 393, July, 2024
Any party to a proceeding conducted pursuant to this article
				  or other provisions of North Dakota Century Code chapter 28-32 shall have the
				  right of appeal, in the manner provided in North Dakota Century Code chapter
				  28-32, from any adverse ruling by the department. Such appeal shall not be a
				  trial de novo but shall be limited to the hearing record and to those issues
				  specified in North Dakota Century Code section 28-32-19.
General Authority:
NDCC 28-32-02
Law Implemented:
NDCC 28-32-15, 28-32-16,
				  28-32-17, 28-32-18, 28-32-19,
28-32-21
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-23 - Public Health Laboratories › Chapter 33-23-01 - Fees for Consolidated Laboratories Analyses › Section 33-23-01-01 - Scope and purpose

Current through Supplement No. 393, July, 2024
This chapter is applicable to all consolidated laboratories
				  analyses, and shall be applied in conjunction with subsection 6 of North Dakota
				  Century Code section 23-01-09 to promote the public health, safety, and welfare
				  and to enhance the environment for the people of the state.
General Authority: NDCC 23-01-03.3, 28-32-02
Law Implemented: NDCC
					 23-01-09(6)
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-23 - Public Health Laboratories › Chapter 33-23-01 - Fees for Consolidated Laboratories Analyses › Section 33-23-01-02 - Fees charged for laboratory analyses

Current through Supplement No. 393, July, 2024
Charges are based on reagent cost, testing time, personnel
				  salaries, and overhead costs.
General Authority: NDCC 23-01-03, 28-32-02
Law Implemented: NDCC
					 23-01-09(6)
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-01 - General Provisions › Section 33-24-01-01 - Purpose

Current through Supplement No. 393, July, 2024
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.
General Authority: NDCC 23-20.3-03
Law Implemented: NDCC 23-20.3-03,
					 23-20.3-04
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-01 - General Provisions › Section 33-24-01-02 - Scope

Current through Supplement No. 393, July, 2024
This article is applicable to all hazardous waste
				  generators, transporters, and owners or operators of treatment, storage, or
				  disposal facilities.
General Authority: NDCC 23-20.3-03
Law Implemented: NDCC 23-20.3-03,
					 23-20.3-04
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-01 - General Provisions › Section 33-24-01-03 - Authority

Current through Supplement No. 393, July, 2024
The department has been authorized to promulgate and
				  administer this article under the provisions of North Dakota Century Code
				  chapter 23-20.3.
General Authority: NDCC 23-20.3-03
Law Implemented: NDCC 23-20.3-03,
					 23-20.3-04
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-01 - General Provisions › Section 33-24-01-05 - References

Current through Supplement No. 393, July, 2024
1. When used in this article, the following
				publications 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
				national archives and records administration. For information on the
				availability of this material at the national archives and records
				administration, call 202-741-6030, or go to:
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
2. The following materials are
				available for purchase from the American society for testing and materials, 100
				Barr Harbor Drive, P. O. Box C700, West Conshohocken, Pennsylvania 19428-2959:
a. ASTM D93-79 or D93-80, "Standard Test
				Methods for Flash Point by Pensky-Martens Closed Cup Tester".
b. ASTM D1946-82, "Standard Method for
				Analysis of Reformed Gas by Gas Chromatography".
c. ASTM D2267-88, "Standard Test Method for
				Aromatics in Light Naphthas and Aviation Gasolines by Gas
				Chromatography".
d. ASTM D2382-83,
				"Standard Test Method for Heat of Combustion of Hydrocarbon Fuels by Bomb
				Calorimeter (High-Precision Method)".
e. ASTM D2879-92, "Standard Test Method for
				Vapor Pressure -Temperature Relationship and Initial Decomposition Temperature
				of Liquids by Isoteniscope".
f.
				ASTM D3278-78, "Standard Test Methods for Flash Point for Liquids by Setaflash
				Closed Tester".
g. ASTM E168-88,
				"Standard Practices for General Techniques of Infrared Quantitative
				Analysis".
h. ASTM E169-87,
				"Standard Practices for General Techniques of Ultraviolet-Visible Quantitative
				Analysis".
i. ASTM E260-85,
				"Standard Practice for Packed Column Gas Chromatography".
j. ASTM E926-88, "Standard Test Methods for
				Preparing Refuse-Derived Fuel (RDF) Samples for Analyses of Metals," Test
				Method C - Bomb, Acid Digestion Method.
k. ASTM D6450-99, "Standard Test Method for
				Flash Point by Continuously Closed Cup Tester".
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-01 - General Provisions › Section 33-24-01-06 - General rulemaking petitions

Current through Supplement No. 393, July, 2024
1. Any
				person may petition the department to modify or revoke any provisions in
				chapters 33-24-01 through 33-24-05. This section sets forth general
				requirements which apply to all such petitions. Section
				33-24-01-07 sets forth additional
				requirements for petitions to add a testing or analytical method to 33-24-02 or
				sections 33-24-05-01 through 33-24-05-190,
				33-24-05-300 through 33-24-05-524,
				33-24-05-550 through 33-24-05-559,
				and 33-24-05-800 through 33-24-05-819
				or subsection 5 of section
				33-24-06-16. Section
				33-24-01-08 sets forth additional
				requirements for petitions to exclude a waste or waste-derived material at a
				particular facility from section
				33-24-02-03 or the lists of
				hazardous wastes in sections
				33-24-02-15 through
				33-24-02-19. Section
				33-24-01-08 sets forth additional
				requirements for petitions to amend sections 33-24-05-700 through 33-24-05-799
				to include additional hazardous wastes or categories of hazardous waste as
				universal waste.
2. Each petition
				must be submitted to the department by certified mail and must include:
a. The petitioner's name and
				address;
b. A statement of the
				petitioner's interest in the proposed action;
c. A description of the proposed action,
				including (where appropriate) suggested regulatory language; and
d. A statement of the need and justification
				for the proposed action, including any supporting tests, studies, or other
				information.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-01 - General Provisions › Section 33-24-01-07 - Petitions for equivalent testing or analytical methods

Current through Supplement No. 393, July, 2024
1. Any person seeking to add a testing or
				analytical method to chapter 33-24-02 or 33-24-05 may petition for a regulatory
				amendment to this section and section
				33-24-01-06. To be successful, the
				person must demonstrate to the satisfaction of the department that the proposed
				method is equal to or superior to the corresponding method prescribed in
				33-24-02 or 33-24-05, in terms of its sensitivity, accuracy, and precision,
				i.e., reproducibility.
2. Each
				petition must include, in addition to the information required by section
				33-24-01-06:
a. A full description of the proposed method,
				including all procedural steps and equipment used in the method;
b. A description of the types of wastes or
				waste matrices for which the proposed method may be used;
c. Comparative results obtained from using
				the proposed method with those obtained from using the relevant or
				corresponding methods prescribed in 33-24-02 or 33-24-05;
d. An assessment of any factors which may
				interfere with, or limit the use of, the proposed method; and
e. A description of the quality control
				procedures necessary to ensure the sensitivity, accuracy, and precision of the
				proposed method.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-01 - General Provisions › Section 33-24-01-08 - Petitions to amend chapter 33-24-02 to exclude a waste produced at a particular facility and amend chapter 33-24-05 to include additional hazardous waste or wastes as universal waste

Current through Supplement No. 393, July, 2024
1. Any
				person seeking to exclude a waste at a particular generating facility from the
				lists in sections
				33-24-02-15 through
				33-24-02-19 may petition for a
				regulatory amendment under this section and section
				33-24-01-06. To be successful:
a. The petitioner must demonstrate to the
				satisfaction of the department that the waste produced by a particular
				generating facility does not meet any of the criteria under which the waste was
				listed as a hazardous or an acutely hazardous waste; and
b. Based on a complete application, the
				department must determine, where it has a reasonable basis to believe that
				factors (including additional constituents) other than those for which the
				waste was listed could cause the waste to be a hazardous waste, that such
				factors do not warrant retaining the waste as a hazardous waste. A waste which
				is so excluded, however, still may be a hazardous waste by operation of
				sections 33-24-02-10 through
				33-24-02-14.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-01 - General Provisions › Section 33-24-01-09 - Nonwaste determinations and variances from classification as a solid waste

Current through Supplement No. 393, July, 2024
In accordance with the standards and criteria in sections
				  33-24-01-10 and 33-24-01-17 and
				  the procedures in section
				  33-24-01-12, the department may
				  determine on a case-by-case basis that the following recycled materials are not
				  solid wastes:
1. Materials that are
				accumulated speculatively without sufficient amounts being recycled (as defined
				in subdivision h of subsection 3 of section
				33-24-02-01).
2. Materials that are reclaimed and then
				reused within the original production process in which they were
				generated.
3. Materials that have
				been reclaimed but must be reclaimed further before the materials are
				completely recovered.
4. Hazardous
				secondary materials that are reclaimed in a continuous industrial
				process;
5. Hazardous secondary
				materials that are indistinguishable in all relevant aspects from a product or
				intermediate; and
6. Hazardous
				secondary materials that are transferred for reclamation under subdivision y of
				subsection 1 of section
				33-24-02-04, and are managed at a
				verified reclamation facility or intermediate facility where the management of
				the hazardous secondary materials is not addressed under a hazardous waste
				permit or interim status standards.
General Authority:
NDCC
					 23-20.3-03
Law Implemented:
NDCC
					 23-20.3-03,
					 23-20.3-04
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-01 - General Provisions › Section 33-24-01-10 - Standards and criteria for variances from classification as a solid waste

Current through Supplement No. 393, July, 2024
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 for recycling in the following year. If a variance is granted, it
				is valid only for the following year, but can be renewed, on an annual basis,
				by filing a new application. The department's decision will be based on the
				following criteria:
a. The manner in which
				the material is expected to be recycled, when the material is expected to be
				recycled, and whether this expected disposition is likely to occur (for
				example, because of past practice, market factors, the nature of the material,
				or contractual arrangements for recycling);
b. The reason that the applicant has
				accumulated the material for one or more years without recycling seventy-five
				percent of the volume accumulated at the beginning of the year;
c. The quantity of material already
				accumulated and the quantity expected to be generated and accumulated before
				the material is recycled;
d. The
				extent to which the material is handled to minimize loss; and
e. Other relevant factors.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-01 - General Provisions › Section 33-24-01-11 - Variance to be classified as a boiler

Current through Supplement No. 393, July, 2024
In accordance with the standards and criteria in section
				  33-24-01-04 (definition of
				  "boiler"), and the procedures in section
				  33-24-01-12, the department may
				  determine on a case-by-case basis that certain enclosed devices using
				  controlled flame combustion are boilers, even though they do not otherwise meet
				  the definition of boiler contained in section
				  33-24-01-04, after considering the
				  following criteria:
1. The extent to
				which the unit has provisions for recovering and exporting thermal energy in
				the form of steam, heated fluids, or heated gases;
2. The extent to which the combustion chamber
				and energy recovery equipment are of integral design;
3. The efficiency of energy recovery,
				calculated in terms of the recovered energy compared with the thermal value of
				the fuel;
4. The extent to which
				exported energy is utilized;
5.
				The extent to which the device is in common and customary use as a "boiler"
				functioning primarily to produce a steam, heated fluids, or heated gases; and
6. Other factors, as appropriate.
General Authority: NDCC 23-20.3-03
Law Implemented: NDCC 23-20.3-03,
					 23-20.3-04
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-01 - General Provisions › Section 33-24-01-12 - Procedures for variances from classification as a solid waste , for variances to be classified as a boiler or for nonwaste determinations

Current through Supplement No. 393, July, 2024
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 applications for nonwaste determinations:
1. The applicant must apply to the department
				for the variance or nonwaste determination. The application must address the
				relevant criteria contained in section
				33-24-01-10,
				33-24-01-11 or 33-24-01-17, as
				applicable..
2. The department will
				evaluate the application and issue a draft notice tentatively granting or
				denying the application. Notification of this tentative decision will be
				provided by newspaper advertisement or radio broadcast in the locality where
				the recycler is located. The department will accept comments on the tentative
				decision for thirty days, and may also hold a public hearing upon request or at
				the department's discretion. The department will issue a final decision after
				receipt of comments and after the hearing, if any.
3. In the event of a change in circumstances
				that affects how a hazardous secondary material meets the relevant criteria
				contained in section
				33-24-01-10,
				33-24-01-11, or 33-24-01-17 upon
				which a variance or nonwaste determination has been based, the applicant shall
				send a description of the change in circumstances to the department. The
				department may issue a determination that the hazardous secondary material
				continues to meet the relevant criteria of the variance or nonwaste
				determination or may require the facility to reapply for the variance or
				nonwaste determination.
4.
				Variances and nonwaste determination are effective for a fixed term not to
				exceed ten years. No later than six months prior to the end of this term,
				facilities must reapply for a variance or nonwaste determination. If a facility
				reapplies for a variance or nonwaste determination within six months, the
				facility may continue to operate under an expired variance or nonwaste
				determination until receiving a decision on the facility's reapplication from
				the department.
5. Facilities
				receiving a variance or nonwaste determination must provide notification as
				required by section 33-24-01-18.
General Authority:
NDCC
					 23-20.3-03
Law Implemented:
NDCC
					 23-20.3-03,
					 23-20.3-04
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-01 - General Provisions › Section 33-24-01-13 - Additional regulation of certain hazardous waste recycling activities on a case-by-case basis

Current through Supplement No. 393, July, 2024
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
				  33-24-02-06 should be regulated
				  under subsections 2 and 3 of section
				  33-24-02-06. The basis for this
				  decision is that the materials are being accumulated or stored in a manner that
				  does not protect human health and the environment because the materials or
				  their toxic constituents have not been adequately contained, or because the
				  materials being accumulated or stored together are incompatible. In making this
				  decision, the department will consider the following factors:
1. The types of materials accumulated or
				stored and the amounts accumulated or stored;
2. The method of accumulation or
				storage;
3. The length of time the
				materials have been accumulated or stored before being reclaimed;
4. Whether any contaminants are being
				released into the environment or are likely to be so released; and
5. Other relevant factors. The procedures for
				this decision are set forth in section
				33-24-01-14 of this
				chapter.
General Authority:
NDCC
					 23-20.3-03
Law Implemented:
NDCC
					 23-20.3-03,
					 23-20.3-04
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-01 - General Provisions › Section 33-24-01-14 - Procedures for case-by-case regulation of hazardous waste recycling activities

Current through Supplement No. 393, July, 2024
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
				  33-24-02-06 under the provisions
				  of subsections 2 and 3 of section
				  33-24-02-06 rather than under the
				  provisions of section
				  33-24-05-230:
1. If a generator is accumulating the waste,
				the department will issue a notice setting forth the factual basis for the
				decision and stating that the person must comply with the applicable
				requirements of 33-24-03. The notice will become final within thirty days,
				unless the person served requests a public hearing to challenge the decision.
				Upon receiving such a request, the department will hold a public meeting and
				will provide notice of the hearing to the public and allow public participation
				at the hearing. The department will issue a final order after the hearing
				stating whether or not compliance with 33-24-03 is required. The order becomes
				effective thirty days after serving the decision unless the department
				specifies a later date or unless review by the department is requested. The
				order may be appealed to the department by any person who participated in the
				public hearing. The department may choose to grant or to deny the appeal. Final
				department action occurs when a final order is issued and department review
				procedures are exhausted.
2. If the
				person is accumulating the recyclable materials at a storage facility, the
				notice will state that the person must obtain a permit in accordance with all
				applicable provisions of 33-24-06 and 33-24-07. The owner or operator of the
				facility must apply for a permit within no less than sixty days and no more
				than six months of notice, as specified in the notice. If the owner or operator
				of the facility wishes to challenge the department's decision, the owner or
				operator may do so in his or her permit application, in a public hearing held
				on the draft permit, or in comments filed on the draft permit, or on the notice
				of intent to deny the permit. The fact sheet accompanying the permit will
				specify the reasons for the department's determination. The question whether
				the department's decision was proper will remain open for consideration during
				the public comment period discussed under 33-24-07 and in any subsequent
				hearing.
General Authority:
NDCC
					 23-20.3-03
Law Implemented:
NDCC
					 23-20.3-03,
					 23-20.3-04
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-01 - General Provisions › Section 33-24-01-15 - Variances

Current through Supplement No. 393, July, 2024
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.
General Authority: NDCC 23-20.3-03
Law Implemented: NDCC 23-20.3-03,
					 23-20.3-04