reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › LAND DISPOSAL RESTRICTIONS › Section 33-24-05-254 - Procedures for case-by-case extensions to an effective date

Current through Supplement No. 393, July, 2024
1. Any person who generates, treats, stores,
				  or disposes of a hazardous waste may submit an application to the administrator
				  for an extension to the effective date of any applicable restriction
				  established under sections 33-24-05-266 through
				  33-24-05-279. The applicant shall
				  demonstrate the following:
a. The applicant
				  has made a good-faith effort to locate and contract with treatment, recovery,
				  or disposal facilities nationwide to manage the applicant's waste in accordance
				  with the effective date of the applicable restrictions established under
				  sections 33-24-05-266 through
				  33-24-05-279;
b. The applicant has entered into a binding
				  contractual commitment to construct or otherwise provide alternative treatment,
				  recovery, (for example, recycling), or disposal capacity that meets the
				  treatment standards specified in sections
				  33-24-05-280 through
				  33-24-05-289 or, where treatment
				  standards have not been specified, such treatment, recovery, or disposal
				  capacity is protective of human health and the environment;
c. Due to circumstances beyond the
				  applicant's control, such alternative capacity cannot reasonably be made
				  available by the applicable effective date. This demonstration may include a
				  showing that the technical and practical difficulties associated with providing
				  the alternative capacity will result in the capacity not being available by the
				  applicable effective date;
d. The
				  capacity being constructed or otherwise provided by the applicant will be
				  sufficient to manage the entire quantity of waste that is the subject of the
				  application;
e. The applicant
				  provides a detailed schedule for obtaining required operating and construction
				  permits or an outline of how and when alternative capacity will be
				  available;
f. The applicant has
				  arranged for adequate capacity to manage the applicant's waste during an
				  extension and has documented in the application the location of all sites at
				  which the waste will be managed; and
g. Any waste managed in a surface impoundment
				  or landfill during the extension period will meet the requirements of
				  subdivision b of subsection 8.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › LAND DISPOSAL RESTRICTIONS › Section 33-24-05-255 - Petitions to allow land disposal of a waste prohibited under sections 33-24-05-266 through 33-24-05-279

Current through Supplement No. 393, July, 2024
1. Any
				  person seeking an exemption from a prohibition under sections 33-24-05-266
				  through 33-24-05-279 for the disposal of a
				  restricted hazardous waste in a particular unit or units shall submit a
				  petition to the administrator demonstrating, to a reasonable degree of
				  certainty, that there will be no migration of hazardous constituents from the
				  disposal unit or injection zone for as long as the wastes remain hazardous. The
				  demonstration must include the following components:
a. An identification of the specific waste
				  and the specific unit for which the demonstration will be made;
b. A waste analysis to describe fully the
				  chemical and physical characteristics of the subject waste;
c. A comprehensive characterization of the
				  disposal unit site including an analysis of background air, soil, and water
				  quality;
d. A monitoring plan that
				  detects migration at the earliest practicable time; and
e. Sufficient information to assure the
				  administrator that the owner or operator of a land disposal unit receiving
				  restricted wastes will comply with other applicable federal, state, and local
				  laws.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › LAND DISPOSAL RESTRICTIONS › Section 33-24-05-257 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › LAND DISPOSAL RESTRICTIONS › Section 33-24-05-259 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › LAND DISPOSAL RESTRICTIONS › Section 33-24-05-260 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › LAND DISPOSAL RESTRICTIONS › Section 33-24-05-261 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › LAND DISPOSAL RESTRICTIONS › Section 33-24-05-262 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › LAND DISPOSAL RESTRICTIONS › Section 33-24-05-263 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › LAND DISPOSAL RESTRICTIONS › Section 33-24-05-264 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › LAND DISPOSAL RESTRICTIONS › Section 33-24-05-265 - Surface impoundment exemptions

Current through Supplement No. 393, July, 2024
1. This
				  section defines additional circumstances under which an otherwise prohibited
				  waste may continue to be placed in a surface impoundment.
2. Wastes that are newly identified or listed
				  under section 3001 after November 8, 1984, and stored in a surface impoundment
				  that is newly subject to article 33-24 as a result of the additional
				  identification or listing, may continue to be stored in the surface impoundment
				  for forty-eight months after the promulgation of the additional listing or
				  characteristic, notwithstanding that the waste is otherwise prohibited from
				  land disposal, provided that the surface impoundment is in compliance with the
				  requirements of subsection 5 of section
				  33-24-06-16 (subpart F of part 265
				  of 40 CFR) within twelve months after promulgation of the new listing or
				  characteristic.
3. Wastes that are
				  newly identified or listed under section 3001 after November 8, 1984, and
				  treated in a surface impoundment that is newly subject to 33-24 as a result of
				  the additional identification or listing, may continue to be treated in that
				  surface impoundment, notwithstanding that the waste is otherwise prohibited
				  from land disposal, provided that surface impoundment is in compliance with the
				  requirements of subsection 5 of section
				  33-24-06-16 (subpart F of part 265
				  of 40 CFR) within twelve months after the promulgation of the new listing or
				  characteristic. In addition, if the surface impoundment continues to treat
				  hazardous waste after forty-eight months from promulgation of the additional
				  listing or characteristic, it must then be in compliance with section
				  33-24-05-253.
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 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › LAND DISPOSAL RESTRICTIONS › Section 33-24-05-266 - Waste specific prohibitions - Dyes or pigments, or both, production wastes

Current through Supplement No. 393, July, 2024
1. Effective August
				  23, 2005, the waste specified in chapter 33-24-02 as hazardous waste number
				  K181, and soil and debris contaminated with this waste, radioactive wastes
				  mixed with this waste, and soil and debris contaminated with radioactive wastes
				  mixed with this waste are prohibited from land disposal.
2. The requirements of subsection 1 do not
				  apply if:
a. The wastes meet the applicable
				  treatment standards specified in sections
				  33-24-05-280 through
				  33-24-05-289;
b. Persons have been granted an exemption
				  from a prohibition pursuant to a petition under section
				  33-24-05-255, with respect to
				  those wastes and units covered by the petition;
c. The wastes meet the applicable treatment
				  standards established pursuant to a petition granted under section
				  33-24-05-284;
d. Hazardous debris has met the treatment
				  standards in section
				  33-24-05-280, or the alternative
				  treatment standards in
				  33-24-05-285; or
e. Persons have been granted an extension to
				  the effective date of a prohibition pursuant to section
				  33-24-05-254, with respect to
				  these wastes covered by the extension.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › LAND DISPOSAL RESTRICTIONS › Section 33-24-05-267 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › LAND DISPOSAL RESTRICTIONS › Section 33-24-05-268 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › LAND DISPOSAL RESTRICTIONS › Section 33-24-05-269 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › LAND DISPOSAL RESTRICTIONS › Section 33-24-05-270 - Waste specific prohibitions - Wood preserving wastes

Current through Supplement No. 393, July, 2024
1. Effective August 11, 1997, the following
				  wastes are prohibited from land disposal: the wastes specified in chapter
				  33-24-02 as hazardous waste numbers F032, F034, and F035.
2. Effective May 12, 1999, the following
				  wastes are prohibited from land disposal: soil and debris contaminated with
				  F032, F034, F035; and radioactive wastes mixed with hazardous waste numbers
				  F032, F034, and F035.
3. Between
				  May 12, 1997, and May 12, 1999, soil and debris contaminated with F032, F034,
				  F035 and radioactive waste mixed with F032, F034, and F035 may be disposed in a
				  landfill or surface impoundment only if such unit is in compliance with the
				  requirements specified in subdivision b of subsection 8 of section
				  33-24-05-254.
4. The requirements of subsections 1 and 2 do
				  not apply if:
a. The wastes meet the
				  applicable treatment standards specified in sections
				  33-24-05-280 through
				  33-24-05-289;
b. Persons have been granted an exemption
				  from a prohibition pursuant to a petition under section
				  33-24-05-255, with respect to
				  those wastes and units covered by the petition;
c. The wastes meet the applicable alternate
				  treatment standards established pursuant to a petition granted under section
				  33-24-05-284; or
d. Persons have been granted an extension to
				  the effective date of a prohibition pursuant to section
				  33-24-05-254, with respect to
				  those wastes covered by the extension.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › LAND DISPOSAL RESTRICTIONS › Section 33-24-05-271 - Waste specific prohibitions - Dioxin-containing wastes

Current through Supplement No. 393, July, 2024
1. Effective November 8, 1988, the
				  dioxin-containing wastes specified in section
				  33-24-02-16 as hazardous waste
				  numbers F020, F021, F022, F023, F026, F027, and F028 are prohibited from land
				  disposal unless the F020-F023 and F026-F028 dioxin-containing waste is
				  contaminated soil and debris resulting from a response action taken under
				  section 104 or 106 of the Comprehensive Environmental Response, Compensation,
				  and Liability Act of 1980 or a corrective action taken under 33-24.
2. Effective November 8, 1990, the F020-F023
				  and F026-F028 dioxin-containing wastes listed in subsection 1 are prohibited
				  from land disposal.
3. Between
				  November 8, 1988, and November 8, 1990, wastes included in subsection 1 may be
				  disposed in a landfill or surface impoundment only if such unit is in
				  compliance with the requirements specified in subdivision b of subsection 8 of
				  section 33-24-05-254 and all other
				  applicable requirements of 33-24-05.
4. The requirements of subsections 1 and 2 do
				  not apply if:
a. The wastes meet the standards
				  of sections
				  33-24-05-280 through
				  33-24-05-289;
b. Persons have been granted an exemption
				  from a prohibition pursuant to a petition under section
				  33-24-05-255, with respect to
				  those wastes and units covered by the petition; or
c. Persons have been granted an extension to
				  the effective date of a prohibition pursuant to section
				  33-24-05-254, with respect to
				  those wastes covered by the extension.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › LAND DISPOSAL RESTRICTIONS › Section 33-24-05-272 - Waste specific prohibitions - Soils exhibiting the toxicity characteristic for metals and containing polychlorinated biphenyls

Current through Supplement No. 393, July, 2024
1. Effective December 26, 2000, the following
				  wastes are prohibited from land disposal: any volumes of soil exhibiting the
				  toxicity characteristic solely because of the presence of metals (D004 through
				  D011) and containing polychlorinated biphenyls.
2. The requirements of subsection 1 do not
				  apply if:
a. The wastes:
(1) Contain halogenated organic compounds in
				  total concentration less than one thousand milligrams per kilogram; and
(2) Meet the treatment standards
				  specified in sections
				  33-24-05-280 through
				  33-24-05-289 for hazardous waste
				  numbers D004 through D011, as applicable;
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › LAND DISPOSAL RESTRICTIONS › Section 33-24-05-273 - Waste specific prohibitions - Chlorinated aliphatic wastes

Current through Supplement No. 393, July, 2024
1. Effective May 8, 2001, the wastes
				  specified in chapter 33-24-02 as hazardous waste numbers K174 and K175, soil
				  and debris contaminated with these wastes, radioactive wastes mixed with these
				  wastes, and soil and debris contaminated with radioactive wastes mixed with
				  these wastes are prohibited from land disposal.
2. The requirements of subsection 1 do not
				  apply if:
a. The wastes meet the applicable
				  treatment standards specified in sections
				  33-24-05-280 through
				  33-24-05-289;
b. Persons have been granted an exemption
				  from a prohibition pursuant to a petition under section
				  33-24-05-255, with respect to
				  those wastes and units covered by the petition;
c. The wastes meet the applicable treatment
				  standards established pursuant to a petition granted under section
				  33-24-05-284;
d. Hazardous debris has met the treatment
				  standards in section
				  33-24-05-280 or the alternative
				  treatment standards in section
				  33-24-05-285; or
e. Persons have been granted an extension to
				  the effective date of a prohibition pursuant to section
				  33-24-05-254, with respect to
				  these wastes covered by the extension.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › LAND DISPOSAL RESTRICTIONS › Section 33-24-05-274 - Waste specific prohibitions - Toxicity characteristic metal wastes

Current through Supplement No. 393, July, 2024
1. Effective August 24, 1998, the following
				  wastes are prohibited from land disposal: the wastes specified in chapter
				  33-24-02 as hazardous waste numbers D004 through D011 that are newly identified
				  (for example, wastes, soil, or debris identified as hazardous by the toxic
				  characteristic leaching procedure but not the extraction procedure), and waste,
				  soil, or debris from mineral processing operations that is identified as
				  hazardous by the specifications at 33-24-02.
2. Effective November 26, 1998, the following
				  waste is prohibited from land disposal: slag from secondary lead smelting which
				  exhibits the toxicity characteristic due to the presence of one or more metals
				  listed in section
				  33-24-02-14.
3. Effective May 26, 2000, the following
				  wastes are prohibited from land disposal: newly identified characteristic
				  wastes from elemental phosphorus processing, radioactive waste mixed with D004
				  through D011 wastes that are newly identified (for example, wastes, soil, or
				  debris identified as hazardous by the toxic characteristic leaching procedure
				  but not the extraction procedure); or mixed with newly identified
				  characteristic mineral processing wastes, soil, or debris.
4. Between May 26, 1998, and May 26, 2000,
				  newly identified characteristic wastes from elemental phosphorus processing,
				  radioactive waste mixed with D004 through D011 wastes that are newly identified
				  (for example, wastes, soil, or debris identified as hazardous by the toxicity
				  characteristic leaching procedure but not the extraction procedure), or mixed
				  with newly identified characteristic mineral processing wastes, soil, or debris
				  may be disposed in a landfill or surface impoundment only if such unit is in
				  compliance with the requirements specified in subsection 8 of section
				  33-24-05-254.
5. The requirements of subsections 1 and 2 do
				  not apply if:
a. The wastes meet the
				  applicable treatment standards specified in sections
				  33-24-05-280 through
				  33-24-05-289;
b. Persons have been granted an exemption
				  from a prohibition pursuant to a petition under section
				  33-24-05-255, with respect to
				  those wastes and units covered by the petition;
c. The wastes meet the applicable alternate
				  treatment standards established pursuant to a petition granted under section
				  33-24-05-284; or
d. Persons have been granted an extension to
				  the effective date of a prohibition pursuant to section
				  33-24-05-254, with respect to
				  these wastes covered by the extension.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › LAND DISPOSAL RESTRICTIONS › Section 33-24-05-275 - Waste specific prohibitions - Petroleum refining wastes

Current through Supplement No. 393, July, 2024
1. Effective February 8, 1999, the wastes
				  specified in chapter 33-24-02 as hazardous waste numbers K169, K170, K171, and
				  K172, soils and debris contaminated with these wastes, radioactive wastes mixed
				  with these hazardous wastes, and soils and debris contaminated with these
				  radioactive mixed wastes, are prohibited from land disposal.
2. The requirements of subsection 1 do not
				  apply if:
a. The wastes meet the applicable
				  treatment standards specified in sections
				  33-24-05-280 through
				  33-24-05-289;
b. Persons have been granted an exemption
				  from a prohibition pursuant to a petition under section
				  33-24-05-255, with respect to
				  those wastes and units covered by the petition;
c. The wastes meet the applicable treatment
				  standards established pursuant to a petition granted under section
				  33-24-05-284;
d. Hazardous debris that has met treatment
				  standards in section
				  33-24-05-280 or in the alternative
				  treatment standards in section
				  33-24-05-285; or
e. Persons have been granted an extension to
				  the effective date of a prohibition pursuant to section
				  33-24-05-254, with respect to
				  these wastes covered by the extension.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › LAND DISPOSAL RESTRICTIONS › Section 33-24-05-276 - Waste specific prohibitions - Inorganic chemical wastes

Current through Supplement No. 393, July, 2024
1. Effective May 20, 2002, the wastes
				  specified in chapter 33-24-02 as hazardous waste numbers K176, K177, and K178,
				  and soil and debris contaminated with these wastes, radioactive wastes mixed
				  with these wastes, and soil and debris contaminated with radioactive wastes
				  mixed with these wastes are prohibited from land disposal.
2. The requirements of subsection 1 do not
				  apply if:
a. The wastes meet the applicable
				  treatment standards specified in sections
				  33-24-05-280 through
				  33-24-05-289;
b. Persons have been granted an exemption
				  from a prohibition pursuant to a petition under section
				  33-24-05-255, with respect to
				  those wastes and units covered by the petition;
c. The wastes meet the applicable treatment
				  standards established pursuant to a petition granted under section
				  33-24-05-284;
d. Hazardous debris has met the treatment
				  standards in section
				  33-24-05-280 or the alternative
				  treatment standards in section
				  33-24-05-285; or
e. Persons have been granted an extension to
				  the effective date of a prohibition pursuant to section
				  33-24-05-254, with respect to
				  these wastes covered by the extension.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › LAND DISPOSAL RESTRICTIONS › Section 33-24-05-277 - Waste specific prohibitions - Ignitable and corrosive characteristic wastes whose treatment standards were vacated

Current through Supplement No. 393, July, 2024
1. Effective August 9, 1993, the wastes
				  specified in section
				  33-24-02-11 as D001 (and is not in
				  the high total organic compound ignitable liquids subcategory), and specified
				  in section
				  33-24-02-12 as D002, that are
				  managed in systems other than those whose discharge is regulated under the
				  Clean Water Act (CWA), or that inject in class I deep wells regulated under the
				  Safe Drinking Water Act (SDWA), or that are zero dischargers that engage in
				  Clean Water Act equivalent treatment before ultimate land disposal, are
				  prohibited from land disposal. Clean Water Act equivalent treatment means
				  biological treatment for organics, alkaline chlorination or ferrous sulfate
				  precipitation for cyanide, precipitation or sedimentation or both for metals,
				  reduction of hexavalent chromium, or other treatment technology that can be
				  demonstrated to perform equally or greater than these technologies.
2. Effective February 10, 1994, the wastes
				  specified in section
				  33-24-02-11 as D001 (and is not in
				  the high total organic compound ignitable liquids subcategory), and specified
				  in section
				  33-24-02-12 as D002, that are
				  managed in systems defined in
				  40 CFR
				  144.6(e) and
				  146.6(e) as class
				  V injection wells, that do not engage in Clean Water Act-equivalent treatment
				  before injection, are prohibited from land disposal.
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 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › LAND DISPOSAL RESTRICTIONS › Section 33-24-05-280 - Applicability of treatment standards

Current through Supplement No. 393, July, 2024
1. A
				  prohibited waste identified in the table "Treatment Standards for Hazardous
				  Wastes" may be land disposed only if it meets the requirements found in the
				  table. For each waste, the table identifies one of three types of treatment
				  standard requirements:
a. All hazardous
				  constituents in the waste or in the treatment residue must be at or below the
				  values found in the table for that waste ("Total Waste Standards");
b. The hazardous constituents in the extract
				  of the waste or in the extract of the treatment residue must be at or below the
				  values found in the table ("Waste Extract Standards"); or
c. The waste must be treated using the
				  technology specified in the table ("Technology Standard"), which are described
				  in detail in section
				  33-24-05-282, table 1-Technology
				  Codes and Description of Technology-Based Standards.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › LAND DISPOSAL RESTRICTIONS › Section 33-24-05-281 - Treatment standards expressed as concentrations in waste extract

Current through Supplement No. 393, July, 2024
For the requirements previously found in this section and
					 for treatment standards in table CCWE-Constituent Concentrations in Waste
					 Extracts, refer to section
					 33-24-05-280.
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 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › LAND DISPOSAL RESTRICTIONS › Section 33-24-05-283 - Treatment standards expressed as waste concentrations

Current through Supplement No. 393, July, 2024
For the requirements previously found in this section and
					 for treatments standards in table CCW - Constituent Concentrations in Wastes,
					 refer to section
					 33-24-05-280.
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 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › LAND DISPOSAL RESTRICTIONS › Section 33-24-05-284 - Variance from a treatment standard

Current through Supplement No. 393, July, 2024
1.
				  Based on a petition filed by a generator or treater of hazardous waste, the
				  administrator may approve a variance from an applicable treatment standard if:
a. It is not physically possible to treat the
				  waste to the level specified in the treatment standard, or by the method
				  specified as the treatment standard. To show that this is the case, the
				  petitioner must demonstrate that because the physical or chemical properties of
				  the waste differ significantly from waste analyzed in developing the treatment
				  standard, the waste cannot be treated to the specified level or by the
				  specified method; or
b. It is
				  inappropriate to require the waste to be treated to the level specified in the
				  treatment standard or by the method specified as the treatment standard, even
				  though such treatment is technically possible. To show that this is the case,
				  the petitioner must either demonstrate that:
(1) Treatment to the specified level or by
				  the specified method is technically inappropriate (for example, resulting in
				  combustion of large amounts of mildly contaminated environmental media);
				  or
(2) For remediation waste only,
				  treatment to the specified level, or by the specified method is environmentally
				  inappropriate because it would likely discourage aggressive
				  remediation.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › LAND DISPOSAL RESTRICTIONS › Section 33-24-05-285 - Treatment standards for hazardous debris

Current through Supplement No. 393, July, 2024
1.
Treatment standards.
Hazardous debris must be treated prior to land disposal as follows unless the
				  department determines under subdivision b of subsection 5 of section
				  33-24-02-03 that the debris is no
				  longer contaminated with hazardous waste or the debris is treated to the
				  waste-specific treatment standard provided in sections
				  33-24-05-280 through
				  33-24-05-289 for the waste
				  contaminating the debris.
a. General.
				  Hazardous debris must be treated for each "contaminant subject to treatment"
				  defined by subsection 2 using the technology or technologies identified in
				  table 1 of this section.
b.
				  Characteristic debris. Hazardous debris that exhibits the characteristic of
				  ignitability, corrosivity, or reactivity identified under sections
				  33-24-02-11,
				  33-24-02-12, and
				  33-24-02-13, respectively, must be
				  deactivated by treatment using one of the technologies identified in table 1 of
				  this section.
c. Mixtures of debris
				  types. The treatment standards of table 1 in this section must be achieved for
				  each type of debris contained in a mixture of debris types. If an
				  immobilization technology is used in a treatment train, it must be the last
				  treatment technology used.
d.
				  Mixtures of contaminant types. Debris that is contaminated with two or more
				  contaminants subject to treatment identified under subsection 2 must be treated
				  for each contaminant using one or more treatment technologies identified in
				  table 1 of this section. If an immobilization technology is used in a treatment
				  train, it must be the last treatment technology used.
e. Waste polychlorinated biphenyls. Hazardous
				  debris that is also a waste polychlorinated biphenyl under 40 CFR part 761 is
				  subject to the requirements of either 40 CFR part 761 or the requirements of
				  this section, whichever are more stringent.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › LAND DISPOSAL RESTRICTIONS › Section 33-24-05-286 - Alternative treatment standards based on high temperatures metal recovery

Current through Supplement No. 393, July, 2024
For the treatment standards previously found in this
					 section, refer to section
					 33-24-05-280.
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 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › LAND DISPOSAL RESTRICTIONS › Section 33-24-05-287 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › LAND DISPOSAL RESTRICTIONS › Section 33-24-05-290 - Prohibitions on storage of restricted wastes

Current through Supplement No. 393, July, 2024
1. Except as provided in this section, the
				  storage of hazardous wastes restricted from land disposal under sections
				  33-24-05-266 through
				  33-24-05-279 is prohibited, unless
				  the following conditions are met:
a. A
				  generator stores such wastes in tanks, containers, or containment buildings
				  onsite solely for the purpose of the accumulation of such quantities of
				  hazardous waste as necessary to facilitate proper recovery, treatment, or
				  disposal and the generator complies with the requirements in section
				  33-24-03-12, 33-24-05, and the
				  applicable requirements of subsection 5 of section
				  33-24-06-16;
b. An owner or operator of a hazardous waste
				  treatment, storage, or disposal facility stores such wastes in tanks,
				  containers, or containment buildings solely for the purpose of the accumulation
				  of such quantities of hazardous waste as necessary to facilitate proper
				  recovery, treatment, or disposal and:
(1) Each
				  container is clearly marked to identify its contents and the date each period
				  of accumulation begins; and
(2)
				  Each tank is clearly marked with a description of its contents, the quantity of
				  each hazardous waste received, and the date each period of accumulation begins,
				  or such information for each tank is recorded and maintained in the operating
				  record at that facility. Regardless of whether the tank itself is marked, an
				  owner or operator shall comply with the operating record requirements specified
				  in section
				  33-24-05-40; and
c. A transporter stores manifested
				  shipments of such wastes at a transfer facility for ten days or less.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › LAND DISPOSAL RESTRICTIONS › Section 33-24-05-291 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › LAND DISPOSAL RESTRICTIONS › Section 33-24-05-292 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › LAND DISPOSAL RESTRICTIONS › Section 33-24-05-293 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › LAND DISPOSAL RESTRICTIONS › Section 33-24-05-294 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › LAND DISPOSAL RESTRICTIONS › Section 33-24-05-295 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › LAND DISPOSAL RESTRICTIONS › Section 33-24-05-296 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › LAND DISPOSAL RESTRICTIONS › Section 33-24-05-297 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › LAND DISPOSAL RESTRICTIONS › Section 33-24-05-298 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › LAND DISPOSAL RESTRICTIONS › Section 33-24-05-299 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › MISCELLANEOUS UNITS › Section 33-24-05-300 - Applicability to miscellaneous units

Current through Supplement No. 393, July, 2024
Sections
					 33-24-05-300 through 33-24-05-309
					 apply to owners and operators of facilities that treat, store, or dispose of
					 hazardous waste in miscellaneous units, except as section
					 33-24-05-01 provides
					 otherwise.
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 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › MISCELLANEOUS UNITS › Section 33-24-05-301 - Environmental performance standards

Current through Supplement No. 393, July, 2024
A miscellaneous unit must be located, designed,
					 constructed, operated, maintained, and closed in a manner that will ensure
					 protection of human health and the environment. Permits for miscellaneous units
					 are to contain such terms and provisions as necessary to protect human health
					 and the environment, including, but not limited to, as appropriate, design and
					 operating requirements, detection and monitoring requirements, and requirements
					 for responses to releases of hazardous waste or hazardous constituents from the
					 unit. Permit terms and provisions must include those requirements of sections
					 33-24-05-89 through 33-24-05-190,
					 sections 33-24-05-400 through 33-24-05-474,
					 33-24-06, 40 CFR part 63, subpart EEE, and 40 CFR part 146 that are appropriate
					 for the miscellaneous unit being permitted. Protection of human health and the
					 environment includes, but is not limited to:
1. Prevention of any releases that may have
				  adverse effects on human health or the environment due to migration of waste
				  constituents in the ground water or subsurface environment, considering:
a. The volume and physical and chemical
				  characteristics of the waste in the unit, including its potential for migration
				  through soil, liners, or other containing structures;
b. The hydrologic and geologic
				  characteristics of the unit and the surrounding area;
c. The existing quality of ground water,
				  including other sources of contamination and their cumulative impact on the
				  ground water;
d. The quantity and
				  direction of ground water flow;
e.
				  The proximity to and withdrawal rates of current and potential ground water
				  users;
f. The patterns of land use
				  in the region;
g. The potential
				  for deposition or migration of waste constituents into subsurface physical
				  structures, and into the root zone of food chain crops and other vegetation;
h. The potential for health risks
				  caused by human exposure to waste constituents; and
i. The potential for damage to domestic
				  animals, wildlife, crops, vegetation, and physical structures caused by
				  exposure to waste constituents.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › MISCELLANEOUS UNITS › Section 33-24-05-302 - Monitoring, analysis, inspection, response, reporting, and corrective action

Current through Supplement No. 393, July, 2024
Monitoring, testing, analytical data, inspections,
					 response, and reporting procedures and frequencies must ensure compliance with
					 sections 33-24-05-06,
					 33-24-05-17,
					 33-24-05-42,
					 33-24-05-43,
					 33-24-05-44,
					 33-24-05-58, and
					 33-24-05-301 as well as meet any
					 additional requirements needed to protect human health and the environment as
					 specified in the permit.
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 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › MISCELLANEOUS UNITS › Section 33-24-05-303 - Postclosure care

Current through Supplement No. 393, July, 2024
A miscellaneous unit that is a disposal unit must be
					 maintained in a manner that complies with section
					 33-24-05-301 during the
					 postclosure care period. In addition, if a treatment or storage unit has
					 contaminated soils or ground water that cannot be completely removed or
					 decontaminated during closure, then that unit must also meet the requirements
					 of section
					 33-24-05-301 during postclosure
					 care. The postclosure plan under section
					 33-24-05-67 must specify the
					 requirements that will be used to satisfy this requirement.
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 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › MISCELLANEOUS UNITS › Section 33-24-05-304 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › MISCELLANEOUS UNITS › Section 33-24-05-305 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › MISCELLANEOUS UNITS › Section 33-24-05-306 - Reserved

Current through Supplement No. 393, July, 2024