North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-03 - Standards for Generators › Section 33-24-03-61 - Definitions

Current through Supplement No. 393, July, 2024
In addition to the definitions set forth in section
				  33-24-01-04, the following
				  definitions apply to sections 33-24-03-60 through 33-24-03-77:
1. "Central accumulation area" means an
				onsite hazardous waste accumulation area subject to either subsections 1 and 2
				of section
				33-24-03-12 (large quantity
				generators), or subsections 4 through 6 of sections
				33-24-03-12 (small quantity
				generators). A central accumulation area at an eligible academic entity that
				chooses to be subject to sections 33-24-03-60 through 33-24-03-77 must also
				comply with section 33-24-03-72 when accumulating unwanted material, or
				hazardous waste, or both.
2.
				"College or university" means a private or public, post-secondary,
				degree-granting, academic institution, that is accredited by an accrediting
				agency listed annually by the United States department of education.
3. "Eligible academic entity" means a college
				or university, or a nonprofit research institute that is owned by or has a
				formal written affiliation agreement with a college or university, or a
				teaching hospital that is owned by or has a formal written affiliation
				agreement with a college or university.
4. "Formal written affiliation agreement" for
				a nonprofit research institute means a written document that establishes a
				relationship between institutions for the purposes of research or education, or
				both, and is signed by authorized representatives, as defined by section
				33-24-01-04, from each
				institution. A relationship on a project-by-project, or grant-by-grant basis,
				is not considered a formal written affiliation agreement. A formal written
				affiliation agreement for a teaching hospital means a master affiliation
				agreement and program letter of agreement, as defined by the accreditation
				council for graduate medical education, with an accredited medical program or
				medical school.
5. "Laboratory"
				means an area owned by an eligible academic entity where relatively small
				quantities of chemicals and other substances are used on a nonproduction basis
				for teaching or research (or diagnostic purposes at a teaching hospital) and
				are stored and used in containers that are easily manipulated by one person.
				Photo laboratories, art studios, and field laboratories are considered
				laboratories. Areas such as chemical stockrooms and preparatory laboratories
				that provide a support function to teaching, or research laboratories (or
				diagnostic laboratories at teaching hospitals), are also considered
				laboratories.
6. "Laboratory
				clean-out" means an evaluation of the inventory of chemicals and other
				materials in a laboratory that are no longer needed or that have expired and
				the subsequent removal of those chemicals or other unwanted materials from the
				laboratory. A clean-out may occur for several reasons. It may be on a routine
				basis (for example, at the end of a semester or academic year), or as a result
				of a renovation, relocation, or change in laboratory supervisor, or occupant,
				or both. A regularly scheduled removal of unwanted material as required by
				section 33-24-03-69 does not qualify as a laboratory clean-out.
7. "Laboratory worker" means a person who
				handles chemicals, or unwanted material, or both, in a laboratory and may
				include, but is not limited to, faculty, staff, postdoctoral fellows, interns,
				researchers, technicians, supervisors or managers, and principal investigators.
				A person does not need to be paid or otherwise compensated for work in the
				laboratory to be considered a laboratory worker. Undergraduate and graduate
				students in a supervised classroom setting are not laboratory
				workers.
8. "Nonprofit research
				institute" means an organization that conducts research as its primary function
				and files as a nonprofit organization under the tax code of
				26 United States code
				501(c)(3).
9. "Reactive acutely hazardous unwanted
				material" means an unwanted material that is one of the acutely hazardous
				commercial chemical products listed in subsection 5 of section
				33-24-02-18 for
				reactivity.
10. "Teaching hospital"
				means a hospital that trains students to become physicians, nurses, or other
				health or laboratory personnel.
11.
				"Trained professional" means a person who has completed the applicable
				hazardous waste training requirements of section
				33-24-05-07 for large quantity
				generators, or is knowledgeable about normal operations and emergencies in
				accordance with paragraph 3 of subdivision e of subsection 4 of section
				33-24-03-12 for small quantity
				generators and conditionally exempt small quantity generators. A trained
				professional may be an employee of the eligible academic entity or may be a
				contractor or vendor who meets the requisite training requirements.
12. "Unwanted material" means any chemical,
				mixtures of chemicals, products of experiments, or other material from a
				laboratory that is no longer needed, wanted, or usable in the laboratory and
				that is destined for hazardous waste determination by a trained professional.
				Unwanted materials include reactive acutely hazardous unwanted materials and
				materials that may eventually be determined not to be solid waste pursuant to
				section 33-24-02-02, or a hazardous waste
				pursuant to section
				33-24-02-03. If an eligible
				academic entity elects to use another equally effective term in lieu of
				"unwanted material", as allowed by paragraph 1 of subdivision a of subsection 1
				of section 33-24-03-67, the equally effective term has the same meaning and is
				subject to the same requirements as "unwanted material" under sections
				33-24-03-60 through 33-24-03-77.
13. "Working container" means a small
				container (for example, two gallons or less) that is in use at a laboratory
				bench, hood, or other work station, to collect unwanted material from a
				laboratory experiment or procedure.
General Authority:
NDCC
					 23-20.3-03
Law Implemented:
NDCC
					 23-20.3-03,
					 23-20.3-04