reglab/statecodes huggingface dataset:
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 33.1-24-03-18

Current through Supplement No. 393, July, 2024
General Authority:
NDCC 23.1-04-03; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03, 23.1-04-05;
					 S.L. 2017, ch. 199, § 19
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 33.1-24-03-19

Current through Supplement No. 393, July, 2024
General Authority:
NDCC 23.1-04-03; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03, 23.1-04-05;
					 S.L. 2017, ch. 199, § 19
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 33.1-24-03-20

Current through Supplement No. 393, July, 2024
General Authority:
NDCC 23.1-04-03; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03, 23.1-04-05;
					 S.L. 2017, ch. 199, § 19
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 33.1-24-03-21

Current through Supplement No. 393, July, 2024
General Authority:
NDCC 23.1-04-03; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03, 23.1-04-05;
					 S.L. 2017, ch. 199, § 19
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 33.1-24-03-22

Current through Supplement No. 393, July, 2024
General Authority:
NDCC 23.1-04-03; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03, 23.1-04-05;
					 S.L. 2017, ch. 199, § 19
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 33.1-24-03-23

Current through Supplement No. 393, July, 2024
General Authority:
NDCC 23.1-04-03; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03, 23.1-04-05;
					 S.L. 2017, ch. 199, § 19
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 33.1-24-03-24

Current through Supplement No. 393, July, 2024
General Authority:
NDCC 23.1-04-03; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03, 23.1-04-05;
					 S.L. 2017, ch. 199, § 19
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 33.1-24-03-25

Current through Supplement No. 393, July, 2024
General Authority:
NDCC 23.1-04-03; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03, 23.1-04-05;
					 S.L. 2017, ch. 199, § 19
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 33.1-24-03-26 - Conditions for exemption for a very small quantity generator

Current through Supplement No. 393, July, 2024
Provided that the very small quantity generator meets all the
				  conditions for exemption listed in this section, hazardous waste generated by
				  the very small quantity generator is not subject to the requirements of
				  chapters 33.1-24-03 through 33.1 24 07,
				  except section
				  33.1-24-03-01,
				  section
				  33.1-24-03-02,
				  subsection 2 of section
				  33.1-24-03-03,
				  and section 33.1-24-03-26, and the notification requirements of section
				  33.1-24-03-03
				  and the very small quantity generator may accumulate hazardous waste onsite
				  without complying with such requirements. The conditions for exemption are as
				  follows:
1. In a calendar month the
				very small quantity generator generates less than or equal to the amounts
				specified in the definition of "very small quantity generator" in section
				33.1-24-01-04;
2. The very small quantity generator complies
				with the hazardous waste determination requirements of section
				33.1-24-03-02;
3. If the very small quantity generator
				accumulates at any time greater than one kilogram [2.2 pounds] of acute
				hazardous waste or one hundred kilograms [220 pounds] of any residue or
				contaminated soil, water, or other debris resulting from the cleanup of a
				spill, into or on any land or water, of any acute hazardous waste listed in
				section
				33.1-24-02-16
				and subsection 5 of section
				33.1-24-02-18,
				all quantities of that acute hazardous waste are subject to the following
				additional conditions for exemption:
a. Such
				waste is held onsite for no more than ninety days beginning on the date when
				the accumulated wastes exceed the amounts provided above; and
b. The conditions for exemption in section
				33.1-24-03-29.
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 33.1-24-03-27 - Satellite accumulation area regulations for small and large quantity generators

Current through Supplement No. 393, July, 2024
A generator may accumulate as much as fifty-five gallons of
				  nonacute hazardous waste and either one quart of liquid (or one kilogram [2.2
				  pounds] of solid) acute hazardous waste or both listed in section 33.1-24-02-16
				  or subsection 5 of section 33.1-24-02-18 in containers at or near any point of
				  generation where wastes initially accumulate which is under the control of the
				  operator of the process generating the waste, 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, chapter
				  33.1-24-06, and chapter 33.1-24-07, provided that all of the conditions for
				  exemption in this section are met. A generator may comply with the conditions
				  for exemption in this section instead of complying with the conditions for
				  exemption in subsection 2 of section 33.1-24-03-28 or subsection one of section
				  33.1-24-03-29, except as required in subsections 7 and 8. The conditions for
				  exemption for satellite accumulation are:
1. If a container holding hazardous waste is
				not in good condition, or if it begins to leak, the generator shall immediately
				transfer the hazardous waste from this container to a container that is in good
				condition and does not leak. Or, immediately transfer and manage the waste in a
				central accumulation area operated in compliance with subsection 2 of section
				33.1-24-03-28 or subsection one of section 33.1- 24-03-29;
2. The 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 accumulated, so that the ability of
				the container to contain the waste is not impaired;
3. Special standards for incompatible wastes.
a. Incompatible wastes, or incompatible
				wastes and materials, examples provided in Appendix III of chapter 33.1-24-05,
				must 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 chapter 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 nearby in other containers must be separated from the other
				materials or protected from them by any practical means.
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 33.1-24-03-30

Current through Supplement No. 393, July, 2024
General Authority:
NDCC 23.1-04-03; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03, 23.1-04-05;
					 S.L. 2017, ch. 199, § 19
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 33.1-24-03-34 - Alternative standards for episodic generation

Current through Supplement No. 393, July, 2024
1.
Definitions.
a. "Episodic event" means an activity or
				activities, planned or unplanned, that does not normally occur during generator
				operations, resulting in an increase in the generation of hazardous waste that
				exceeds the calendar month quantity limits for the generator's usual
				category.
b. "Planned episodic
				event" means an episodic event the generator planned and prepared for,
				including regular maintenance, tank cleanouts, short-term projects, and removal
				of excess chemical inventory.
c.
				"Unplanned episodic event" means an episodic event the generator did not plan
				or reasonably did not expect to occur, including production process upsets,
				product recalls, accidental spills, or "acts of nature," such as tornado,
				hurricane, or flood.
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 33.1-24-03-40 - Farmers

Current through Supplement No. 393, July, 2024
A farmer disposing of waste pesticides from the farmer's own
				  use which are hazardous wastes is not required to comply with the standards in
				  this chapter or chapters 33.1-24-05 and 33.1-24-06 for those wastes provided
				  the farmer triple rinses each emptied pesticide container in accordance with
				  subdivision a, b, or c of subsection 5 of section
				  33.1-24-02-07 and disposes of
				  the pesticide residues on the farmer's own farm in a manner consistent with the
				  disposal instructions on the pesticide label.
General Authority:
NDCC 23.1-04-03; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03, 23.1-04-05;
					 S.L. 2017, ch. 199, § 19
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 33.1-24-03-50 - Transboundary movements of hazardous waste for recovery or disposal

Current through Supplement No. 393, July, 2024
1. The requirements of sections 33.1-24-03-50
				through 33.1-24-03-59 apply to transboundary movements of hazardous wastes.
2. Any person (exporter, importer,
				disposal facility operator, or recovery facility operator) who mixes two or
				more wastes (including hazardous and nonhazardous wastes) or otherwise subjects
				two or more wastes (including hazardous and nonhazardous wastes) to physical or
				chemical transformation operations, and thereby creates a new hazardous waste,
				becomes a generator and assumes all subsequent generator duties under chapter
				33.1-24-03 and any exporter duties, if applicable, under sections 33.1-24-03-50
				through 33.1-24-03-59.
General Authority:
NDCC 23.1-04-03;
					 S.L.
					 2017, ch. 199,
					 §
												1
Law Implemented:
NDCC 23.1-04-03, 23.1-04-05;
					 S.L.
					 2017, ch. 199,
					 §
												19
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 33.1-24-03-52 - General conditions

Current through Supplement No. 393, July, 2024
1. The level of
				control for exports and imports of waste is indicated by assignment of the
				waste to either a list of wastes subject to the green control procedures or a
				list of wastes subject to the amber control procedures and whether the waste is
				or is not hazardous waste. The organization for economic cooperation and
				development green and amber lists are incorporated by reference in subsection 7
				of section 33.1-24-01-05.
a. Green list
				wastes.
(1) Green wastes that are not
				hazardous wastes are subject to existing controls normally applied to
				commercial transactions, and are not subject to the requirements of sections
				33.1-24-03-50 through 33.1-24-03-55.
(2) Green wastes that are hazardous wastes
				are subject to the requirements of sections 33.1-24-03-50 through
				33.1-24-03-59.
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 33.1-24-03-54 - Movement document

Current through Supplement No. 393, July, 2024
1. All United
				States parties subject to the contract provisions of section
				33.1-24-03-55 must ensure that a
				movement document meeting the conditions of subsection 2 of this section
				accompanies each transboundary movement of wastes subject to the amber control
				procedures from the initiation of the shipment until it reaches the final
				recovery facility, including cases in which the waste is stored or sorted, or
				both, by the importer prior to shipment to the final recovery facility, except
				as provided in subdivisions a and b of subsection 1.
a. For shipments of hazardous waste within
				the United States solely by water (bulk shipments only), the generator must
				forward the movement document with the manifest to the last water (bulk
				shipment) transporter to handle the waste in the United States if exported by
				water (in accordance with the manifest routing procedures of subsection 3 of
				section 33.1-24-03-07).
b. For rail shipments of hazardous waste
				within the United States which originate at the site of generation, the
				generator must forward the movement document with the manifest (in accordance
				with the routing procedures for the manifest in subsection 4 of section
				33.1-24-03-07) to the next
				nonrail transporter, if any, or the last rail transporter to handle the waste
				in the United States if exported by rail.
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 33.1-24-03-55 - Imports of hazardous waste

Current through Supplement No. 393, July, 2024
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 the time of that approval until such time the approval period
				expires. Otherwise, any other person that imports hazardous waste from a
				foreign country into the United States shall comply with the requirements of
				sections 33.1-24-03-50 through 33.1-24-03-59.
b. In cases in which the country of export
				does not require the foreign exporter to submit a notification and obtain
				consent to the export prior to shipment, the importer shall submit a
				notification to environmental protection agency in accordance with subsection
				2.
c. The importer shall comply
				with the contract requirements in subsection 6.
d. The importer shall ensure compliance with
				the movement documents requirements in subsection 4; and
e. The importer shall ensure compliance with
				the manifest instructions for import shipments in subsection 3.
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 33.1-24-03-56

Current through Supplement No. 393, July, 2024
General Authority:
NDCC 23.1-04-03; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03, 23.1-04-05;
					 S.L. 2017, ch. 199, § 19
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 33.1-24-03-57

Current through Supplement No. 393, July, 2024
General Authority:
NDCC 23.1-04-03; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03, 23.1-04-05;
					 S.L. 2017, ch. 199, § 19
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 33.1-24-03-59

Current through Supplement No. 393, July, 2024
General Authority:
NDCC 23.1-04-03; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03, 23.1-04-05;
					 S.L. 2017, ch. 199, § 19
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 33.1-24-03-60 - Alternative requirements for hazardous waste determination and accumulation of unwanted material for laboratories owned by eligible academic entities

Current through Supplement No. 393, July, 2024
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.
General Authority:
NDCC 23.1-04-03; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03, 23.1-04-05;
					 S.L. 2017, ch. 199, § 19
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 33.1-24-03-62 - Applicability of sections 33.1-24-03-60 through 33.1-24-03-77

Current through Supplement No. 393, July, 2024
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 waste in
				laboratories owned by eligible academic entities that choose to be subject to
				sections
				33.1-24-03-60
				through
				33.1-24-03-77,
				provided that the eligible academic entity completes the notification
				requirements of section
				33.1-24-03-64.
2. Very small quantity generators. Sections
				33.1-24-03-60
				through
				33.1-24-03-77
				provide alternative requirements to the conditions for exemption for a very
				small quantity generator in section
				33.1-24-03-26
				for the accumulation of hazardous waste in laboratories owned by eligible
				academic entities that choose to be subject to sections
				33.1-24-03-60
				through
				33.1-24-03-77,
				provided that the eligible academic entity completes the notification
				requirements of section
				33.1-24-03-64.
General Authority:
NDCC 23.1-04-03
Law Implemented:
NDCC 23.1-04-03, 23.1-04-05;
					 S.L. 2017, ch. 199, § 19
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 33.1-24-03-63 - Complying with sections 33.1-24-03-60 through 33.1-24-03-77 is optional for eligible academic entities

Current through Supplement No. 393, July, 2024
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 complying with the requirements of section
				33.1-24-03-02
				and section
				33.1-24-03-27.
2. Very 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 complying with the requirements of section
				33.1-24-03-26.
General Authority:
NDCC 23.1-04-03
Law Implemented:
NDCC 23.1-04-03, 23.1-04-05;
					 S.L. 2017, ch. 199, § 19
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 33.1-24-03-64 - Notification by an eligible academic entity electing to comply with sections 33.1-24-03-60 through 33.1-24-03-77

Current through Supplement No. 393, July, 2024
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 electing to be subject to the requirements of sections 33.1-24-03-60
				through 33.1-24-03-77 for all the laboratories owned by the eligible academic
				entity under the same identification number. An eligible academic entity that
				is a very small quantity generator and does not have an identification number
				must notify that the eligible academic entity is electing to be subject to the
				requirements of sections 33.1-24-03-60 through 33.1-24-03-77 for all the
				laboratories owned by the eligible academic entity that are onsite, as defined
				by section 33.1-24-01-04. An eligible academic entity must submit a separate
				notification for each identification number (or site, for very small quantity
				generators) that is electing to be subject to the requirements of sections
				33.1-24-03-60 through 33.1-24-03-77, and must submit the identification form
				before the eligible academic entity begins operating under sections
				33.1-24-03-60 through 33.1-24-03-77.
2. When submitting the identification form,
				the eligible academic entity must, at a minimum, fill out the following fields
				on the form:
a. Reason for
				submittal.
b. Identification number
				(except for very small quantity generators).
c. Site name.
d. Site location information.
e. Site land type.
f. North American industry classification
				system codes for the site.
g. Site
				mailing address.
h. Site contact
				person.
i. Operator and legal owner
				of the site.
j. Type of regulated
				waste activity.
k.
				Certification.
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 33.1-24-03-65 - Notification by an eligible academic entity electing to withdraw from complying with sections 33.1-24-03-60 through 33.1-24-03-77

Current through Supplement No. 393, July, 2024
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 electing to no longer be subject to the requirements of
				sections
				33.1-24-03-60
				through
				33.1-24-03-77
				for all the laboratories owned by the eligible academic entity under the same
				identification number and that the eligible academic entity will comply with
				the requirements of section
				33.1-24-03-02
				and subsection 3 of section
				33.1-24-03-12
				for small quantity generators and large quantity generators. An eligible
				academic entity that is a very small quantity generator and does not have an
				identification number must notify that the eligible academic entity is
				withdrawing from the requirements of sections
				33.1-24-03-60
				through
				33.1-24-03-77
				for all the laboratories owned by the eligible academic entity that are onsite
				and that the eligible academic entity will comply with the conditions for
				exemption in section
				33.1-24-03-26.
				An eligible academic entity must submit a separate notification (identification
				form) for each identification number (or site, for very small quantity
				generators) that is withdrawing from the requirements of sections
				33.1-24-03-60
				through
				33.1-24-03-77
				and must submit the identification form before the eligible academic entity
				begins operating under the requirements of section
				33.1-24-03-02
				and subsection 3 of section
				33.1-24-03-12
				for small quantity generators and large quantity generators, or section
				33.1-24-03-26
				for very small quantity generators.
2. When submitting the identification form,
				the eligible academic entity must, at a minimum, fill out the following fields
				on the form:
a. Reason for
				submittal.
b. Identification number
				(except for very small quantity generators).
c. Site name.
d. Site location information.
e. Site land type.
f. North American industry classification
				system codes for the site.
g. Site
				mailing address.
h. Site contact
				person.
i. Operator and legal owner
				of the site.
j. Type of regulated
				waste activity.
k.
				Certification.
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 33.1-24-03-66 - Requirements of sections 33.1-24-03-60 through 33.1-24-03-77

Current through Supplement No. 393, July, 2024
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, provided the laboratories comply with the provisions of sections
				  33.1-24-03-60 through
				  33.1-24-03-77, and the eligible
				  academic entity has a laboratory management plan in accordance with section
				  33.1-24-03-75 that describes how
				  the laboratories owned by the eligible academic entity will comply with the
				  requirements of sections
				  33.1-24-03-60 through
				  33.1-24-03-77.
General Authority:
NDCC 23.1-04-03; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03, 23.1-04-05;
					 S.L. 2017, ch. 199, § 19
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 33.1-24-03-67 - Labeling and management standards for containers of unwanted material in laboratories

Current through Supplement No. 393, July, 2024
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) The words "unwanted material" or another
				equally effective term that is to be used consistently by the eligible academic
				entity and that is identified in part I of the laboratory management plan;
				and
(2) Sufficient information to
				alert emergency responders to the contents of the container. Examples of
				information that would be sufficient to alert emergency responders to the
				contents of the container include:
(a) The
				name of the chemicals; and
(b) The
				type or class of chemical, such as organic solvents or halogenated organic
				solvents.
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 33.1-24-03-68 - Training

Current through Supplement No. 393, July, 2024
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
				33.1-24-03-60 through
				33.1-24-03-77 and can implement
				them.
2. An eligible academic
				entity can provide training for laboratory workers and students in a variety of
				ways, including:
a. Instruction by the
				professor or laboratory manager before or during an experiment;
b. Formal classroom training;
c. Electronic or written training, or
				both;
d. On-the-job training;
				or
e. Written or oral
				examinations.
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 33.1-24-03-69 - Removing containers of unwanted material from the laboratory

Current through Supplement No. 393, July, 2024
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 laboratory within six months of each container's
				accumulation start date.
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 33.1-24-03-70 - Where and when to make the hazardous waste determination and where to send containers of unwanted material upon removal from the laboratory

Current through Supplement No. 393, July, 2024
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 unwanted material in any of the following areas:
a. In the laboratory before the unwanted
				material is removed from the laboratory, in accordance with section
				33.1-24-03-71.
b. Within four
				calendar days of arriving at an onsite central accumulation area, in accordance
				with section 33.1-24-03-72.
c.
				Within four calendar days of arriving at an onsite interim status or permitted
				treatment, storage, or disposal facility, in accordance with section
				33.1-24-03-73.
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 33.1-24-03-71 - Hazardous waste determination in the laboratory before the unwanted material is removed

Current through Supplement No. 393, July, 2024
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 waste determination, pursuant to
				section
				33.1-24-03-02,
				before the unwanted material is removed from the laboratory.
2. If an unwanted material is a hazardous
				waste, the eligible academic entity must:
a.
				Write the words "hazardous waste" on the container label that is affixed or
				attached to the container, before the hazardous waste may be removed from the
				laboratory;
b. Write the
				appropriate hazardous waste codes on the label that is associated with the
				container (or the label that is affixed or attached to the container) before
				the hazardous waste is transported offsite; and
c. Count the hazardous waste toward the
				eligible academic entity's generator status, pursuant to subsection 2 of
				section
				33.1-24-03-03,
				in the calendar month that the hazardous waste determination was
				made.
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 33.1-24-03-72 - Hazardous waste determination at an onsite central accumulation area

Current through Supplement No. 393, July, 2024
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
				unwanted material that is transferred from the laboratory, or laboratories, to
				an onsite central accumulation area.
2. All unwanted material removed from the
				laboratory, or laboratories, must be taken directly from the laboratory, or
				laboratories, to the onsite central accumulation area.
3. The unwanted material becomes subject to
				the generator accumulation requirements of sections
				33.1-24-03-27
				through
				33.1-24-03-28
				as soon as the unwanted material arrives in the central accumulation area,
				except for the "hazardous waste" labeling requirements of subsection 6 of
				section
				33.1-24-03-28
				and subdivision e of subsection 1 of section
				33.1-24-03-29.
4. A trained professional must determine,
				pursuant to section
				33.1-24-03-02,
				if the unwanted material is a hazardous waste within four calendar days of the
				unwanted material's arrival at the onsite central accumulation area.
5. If the unwanted material is a hazardous
				waste, the eligible academic entity must:
a.
				Write the words "hazardous waste" on the container label that is affixed or
				attached to the container, within four calendar days of arriving at the onsite
				central accumulation area and before the hazardous waste may be removed from
				the onsite central accumulation area;
b. Write the appropriate hazardous waste
				codes on the container label that is associated with the container (or on the
				label that is affixed or attached to the container) before the hazardous waste
				may be treated, or disposed of onsite or transported offsite;
c. Count the hazardous waste toward the
				eligible academic entity's generator status, pursuant to subsection 2 of
				section
				33.1-24-03-03
				in the calendar month that the hazardous waste determination was made;
				and
d. Manage the hazardous waste
				according to all applicable provisions of
				33.1-24, North Dakota hazardous
				waste management rules.
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 33.1-24-03-73 - Hazardous waste determination at an onsite interim status or permitted treatment, storage, or disposal facility

Current through Supplement No. 393, July, 2024
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 entity must comply with
				  the following:
1. A trained
				professional must accompany all unwanted material that is transferred from the
				laboratory, or laboratories, to an onsite interim status or permitted
				treatment, storage, or disposal facility.
2. All unwanted material removed from the
				laboratory, or laboratories, must be taken directly from the laboratory, or
				laboratories, to the onsite interim status or permitted treatment, storage, or
				disposal facility.
3. The unwanted
				material becomes subject to the terms of the eligible academic entity's
				hazardous waste permit or interim status as soon as it arrives in the onsite
				treatment, storage, or disposal facility.
4. A trained professional must determine,
				pursuant to section
				33.1-24-03-02,
				if the unwanted material is a hazardous waste within four calendar days of the
				unwanted material's arrival at the onsite interim status or permitted
				treatment, storage, or disposal facility.
5. If the unwanted material is a hazardous
				waste, the eligible academic entity must:
a.
				Write the words "hazardous waste" on the container label that is affixed or
				attached to the container within four calendar days of arriving at the onsite
				interim status or permitted treatment, storage, or disposal facility and before
				the hazardous waste may be removed from the onsite interim status or permitted
				treatment, storage, or disposal facility;
b. Write the appropriate hazardous waste
				codes on the container label that is associated with the container (or on the
				label that is affixed or attached to the container) before the hazardous waste
				may be treated or disposed onsite, or transported offsite;
c. Count the hazardous waste toward the
				eligible academic entity's generator status, pursuant to subsection 2 of
				section
				33.1-24-03-03
				in the calendar month that the hazardous waste determination was made;
				and
d. Manage the hazardous waste
				according to all applicable provisions of
				33.1-24, North Dakota hazardous
				waste management rules.
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 33.1-24-03-76 - Unwanted material that is not solid waste or hazardous waste

Current through Supplement No. 393, July, 2024
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 33.1-24,
				North Dakota hazardous waste management rules.
2. If an unwanted material does not meet the
				definition of hazardous waste in section
				33.1-24-02-03, the unwanted
				material is no longer subject to sections
				33.1-24-03-60 through
				33.1-24-03-77, or to 33.1-24,
				North Dakota hazardous waste management rules, but must be managed in
				compliance with any other application rules, or conditions, or both.
General Authority:
NDCC 23.1-04-03; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03, 23.1-04-05;
					 S.L. 2017, ch. 199, § 19
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 33.1-24-03-77 - Nonlaboratory hazardous waste generated at an eligible academic entity

Current through Supplement No. 393, July, 2024
An eligible academic entity that generates hazardous waste
				  outside of a laboratory is not eligible to manage that hazardous waste under
				  sections
				  33.1-24-03-60
				  through 33.1-24-03-77; and
1. Remains
				subject to the generator requirements of section
				33.1-24-03-02
				and section
				33.1-24-03-27
				for large quantity generators and small quantity generators (if the hazardous
				waste is managed in a satellite accumulation area), and all other applicable
				generator requirements of
				33.1-24-03, with respect to
				that hazardous waste; or
2. Remains
				subject to the conditions for exemption for very small quantity generators in
				section
				33.1-24-03-26,
				with respect to that hazardous waste.
General Authority:
NDCC 23.1-04-03
Law Implemented:
NDCC 23.1-04-03, 23.1-04-05;
					 S.L. 2017, ch. 199, § 19
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-04 - Standards for Transporters › Section 33.1-24-04-01 - Scope

Current through Supplement No. 393, July, 2024
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 by operators of
				permitted hazardous waste management facilities.
3. A transporter of hazardous waste must
				also comply with chapter 33.1-24-03 if the transporter:
a. Transports hazardous waste into this state from abroad;
				or
b. Mixes hazardous waste of
				different department of transportation shipping descriptions by placing them
				into a single container.
[NOTE: The transporter in complying with these requirements
				  does not become the generator of the waste.]
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-04 - Standards for Transporters › Section 33.1-24-04-02 - Identification number and registration certificate

Current through Supplement No. 393, July, 2024
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
				transporter permit, may obtain them by applying to the department. Upon
				receiving the request, the department will assign an identification number and
				issue a registration certificate to the transporter.
3. The department may assess and collect
				reasonable fees for the issuance of registration certificates and transporter
				permits.
General Authority:
NDCC 23.1-04-03; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03, 23.1-04-05;
					 S.L. 2017, ch. 199, § 19
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-04 - Standards for Transporters › Section 33.1-24-04-03 - Transfer facility requirements

Current through Supplement No. 393, July, 2024
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 storage of those
				wastes.
2. When consolidating the
				contents of two or more containers with the same hazardous waste into a new
				container, or when combining and consolidating two different compatible
				hazardous wastes, the transporter shall mark its containers of one hundred
				nineteen gallons or less with the following information:
a. The words "hazardous waste"; and
b. The applicable environmental protection
				agency hazardous waste number (environmental protection agency hazardous waste
				codes) in chapter 33.1-24-02 or subsection 3 of section
				33.1-24-03-10.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-04 - Standards for Transporters › Section 33.1-24-04-05 - Compliance with the manifest

Current through Supplement No. 393, July, 2024
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 the
				designated facility because an emergency prevents delivery;
c. The next designated transporter;
				or
d. The place outside the United
				States designated by the generator.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-04 - Standards for Transporters › Section 33.1-24-04-06 - Recordkeeping

Current through Supplement No. 393, July, 2024
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 initial transporter.
2. For shipments delivered to the designated
				facility by water (bulk shipment), each water (bulk shipment) transporter must
				retain a copy of the shipping paper containing all of the information required
				in subdivision b of subsection 5 of section
				33.1-24-04-04 for a period of
				three years from the date the hazardous waste was accepted by the initial
				transporter.
3. For shipments of
				hazardous waste by rail within the United States:
a. The initial rail transporter must keep a
				copy of the manifest and shipping paper with all the information required in
				subdivision b of subsection 6 of section
				33.1-24-04-04 for a period of
				three years from the date the hazardous waste was accepted by the initial
				transporter; and
b. The final rail
				transporter must keep a copy of the signed manifest (or the shipping paper if
				signed by the designated facility in lieu of the manifest) for a period of
				three years from the date the hazardous waste was accepted by the initial
				transporter.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-04 - Standards for Transporters › Section 33.1-24-04-07 - Immediate action

Current through Supplement No. 393, July, 2024
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
				during transportation and an official of a state or local government or a
				federal agency, acting within the scope of official responsibilities,
				determines that immediate removal of the waste is necessary to protect human
				health or the environment, that official may authorize the removal of the waste
				by transporters who do not have identification numbers and without the
				preparation of a manifest.
3. An
				air, rail, highway, or water transporter who has discharged hazardous waste
				must:
a. Give notice, if required by
				49 CFR
				171.15 to the national response center
				(800-424-8802 or 202-426-2675); and
b. Report in writing as required by
				49 CFR
				171.16 to the director, office of hazardous
				materials regulations, materials transportation bureau, department of
				transportation, Washington, D.C. 20590.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-04 - Standards for Transporters › Section 33.1-24-04-08 - Discharge cleanup

Current through Supplement No. 393, July, 2024
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
				  environment.
General Authority:
NDCC 23.1-04-03; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03, 23.1-04-05;
					 S.L. 2017, ch. 199, § 19
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › 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 33.1-24-05-02 - Identification number and permit

Current through Supplement No. 393, July, 2024
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.
General Authority:
NDCC 23.1-04-03,
					 23.1-04-09; S.L. 2017, ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03, 23.1-04-05,
					 23.1-04-08, 23.1-04-09; S.L. 2017, ch. 199, §
					 19