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 › LOW-LEVEL MIXED WASTES › Section 33-24-05-860 - Treatment allowed under storage and treatment conditional exemption

Current through Supplement No. 393, July, 2024
A generator, treater, or other handler may treat low-level
					 mixed waste at the facility within a tank or container in accordance with the
					 terms of the generator's, treater's, or other handler's nuclear regulatory
					 commission or nuclear regulatory commission agreement state license. Treatment
					 that cannot be done in a tank or container without a hazardous waste permit
					 (such as incineration) is not allowed under this exemption.
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 › LOW-LEVEL MIXED WASTES › Section 33-24-05-861 - 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 › LOW-LEVEL MIXED WASTES › Section 33-24-05-862 - 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 › LOW-LEVEL MIXED WASTES › Section 33-24-05-863 - 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 › LOW-LEVEL MIXED WASTES › Section 33-24-05-864 - 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 › LOW-LEVEL MIXED WASTES › Section 33-24-05-865 - Loss of conditional exemption

Current through Supplement No. 393, July, 2024
1. A
				  generator's, treater's, or other handler's low-level mixed waste will
				  automatically lose the storage and treatment conditional exemption if the
				  generator, treater, or other handler fails to meet any of the conditions
				  specified in section
				  33-24-05-857. When low-level mixed
				  waste loses the exemption, the generator, treater, or other handler must
				  immediately manage that waste which failed the condition as hazardous waste,
				  and the storage unit storing the low-level mixed waste immediately becomes
				  subject to hazardous waste container or tank storage requirements, as
				  applicable.
a. If a generator, treater, or
				  other handler fails to meet any of the conditions specified in section
				  33-24-05-857 the generator,
				  treater, or other handler must report to the department and the nuclear
				  regulatory commission, or the oversight agency in the nuclear regulatory
				  commission agreement state, in writing by certified delivery within thirty days
				  of learning of the failure. The report must be signed by an authorized
				  representative certifying that the information provided is true, accurate, and
				  complete. This report must include:
(1) The
				  specific condition or conditions the generator, treater, or other handler
				  failed to meet;
(2) A description
				  of the low-level mixed waste (including the waste name, hazardous waste code or
				  codes and quantity) and storage location at the facility; and
(3) The date or dates on which the generator,
				  treater, or other handler failed to meet the condition or conditions.
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 › LOW-LEVEL MIXED WASTES › Section 33-24-05-866 - Procedures to reclaim a lost storage and treatment conditional exemption for low-level mixed waste

Current through Supplement No. 393, July, 2024
1. A
				  generator, treater, or other handler may reclaim the storage and treatment
				  exemption for low-level mixed waste if:
a.
				  The generator, treater, or other handler again meets the conditions specified
				  in section
				  33-24-05-857; and
b. The generator, treater, or other handler
				  sends the department a notice by certified delivery that the generator,
				  treater, or other handler is reclaiming the exemption for low-level mixed
				  waste. The notice must be signed by an authorized representative certifying
				  that the information contained in the notice is true, complete, and accurate.
				  In the notice the generator, treater, or other handler must do the following:
(1) Explain the circumstances of each
				  failure.
(2) Certify that the
				  generator, treater, or other handler has corrected each failure that caused the
				  loss of the exemption for the low-level mixed waste and that the generator,
				  treater, or other handler again meets all the conditions as of the date
				  specified in the notice.
(3)
				  Describe plans that have been implemented, listing specific steps taken to
				  ensure the conditions will be met in the future.
(4) Include any other information the
				  department should consider when reviewing the notice reclaiming the exemption.
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 › LOW-LEVEL MIXED WASTES › Section 33-24-05-867 - 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 › LOW-LEVEL MIXED WASTES › Section 33-24-05-868 - 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 › LOW-LEVEL MIXED WASTES › Section 33-24-05-869 - 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 › LOW-LEVEL MIXED WASTES › Section 33-24-05-870 - Recordkeeping for the storage and treatment conditional exemption

Current through Supplement No. 393, July, 2024
1. In addition to those records required by
				  the generator's, treater's, or other handler's nuclear regulatory commission or
				  nuclear regulatory commission agreement state license, the generator, treater,
				  or other handler must keep records as follows:
a. The generator's, treater's, or other
				  handler's initial notification records, return receipts, reports to the
				  department of failure or failures to meet the exemption conditions, and all
				  records supporting any reclaim of an exemption;
b. Records of low-level mixed waste annual
				  inventories, and quarterly inspections;
c. Certification that facility personnel who
				  manage stored mixed waste are trained in safe management of low-level mixed
				  waste, including training in chemical waste management and hazardous materials
				  incidents response; and
d. The
				  emergency plan as specified in subsection 2 of section
				  33-24-05-857.
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 › LOW-LEVEL MIXED WASTES › Section 33-24-05-871 - 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 › LOW-LEVEL MIXED WASTES › Section 33-24-05-872 - 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 › LOW-LEVEL MIXED WASTES › Section 33-24-05-873 - 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 › LOW-LEVEL MIXED WASTES › Section 33-24-05-874 - 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 › LOW-LEVEL MIXED WASTES › Section 33-24-05-875 - Reentry into regulation under the hazardous waste management rules

Current through Supplement No. 393, July, 2024
Low-level mixed waste is no longer eligible for the
					 storage and treatment conditional exemption:
1. When the low-level mixed waste has met the
				  requirements of the generator's, treater's, or other handler's nuclear
				  regulatory commission or nuclear regulatory commission agreement state license
				  for decay-in-storage and can be disposed of as nonradioactive waste, then the
				  conditional exemption for storage no longer applies. On that date the waste is
				  subject to hazardous waste regulation under the applicable sections of article
				  33-24, and the time period for accumulation of a hazardous waste as specified
				  in section
				  33-24-03-12 begins.
2. When a generator's, treater's, or other
				  handler's conditionally exempt low-level mixed waste, which has been generated
				  and stored under a single nuclear regulatory commission or nuclear regulatory
				  commission agreement state license number, is removed from storage, it is no
				  longer eligible for the storage and treatment exemption, however, the waste may
				  be eligible for the transportation and disposal conditional exemption at
				  section 33-24-05-885.
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 › LOW-LEVEL MIXED WASTES › Section 33-24-05-876 - 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 › LOW-LEVEL MIXED WASTES › Section 33-24-05-877 - 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 › LOW-LEVEL MIXED WASTES › Section 33-24-05-878 - 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 › LOW-LEVEL MIXED WASTES › Section 33-24-05-879 - 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 › LOW-LEVEL MIXED WASTES › Section 33-24-05-880 - Storage unit closure

Current through Supplement No. 393, July, 2024
Interim status and permitted storage units that have been
					 used to store only low-level mixed waste prior to the effective date of
					 sections 33-24-05-850 through 33-24-05-929
					 and, after that date, store only low-level mixed waste which becomes exempt
					 under sections
					 33-24-05-850 through 33-24-05-929,
					 are not subject to the closure requirements of sections
					 33-24-05-01 through 33-24-05-190,
					 33-24-05-300 through 33-24-05-524,
					 33-24-05-550 through 33-24-05-559,
					 and 33-24-05-800 through 33-24-05-819
					 or applicable requirements of subsection 5 of section
					 33-24-06-16. Storage units (or
					 portions of units) that have been used to store both low-level mixed waste and
					 nonmixed hazardous waste prior to the effective date of sections
					 33-24-05-850 through 33-24-05-929
					 or are used to store both after that date remain subject to closure
					 requirements of sections
					 33-24-05-01 through 33-24-05-190,
					 33-24-05-300 through 33-24-05-524,
					 33-24-05-550 through 33-24-05-559,
					 33-24-05-800 through 33-24-05-819,
					 or applicable requirements of subsection 5 of section
					 33-24-06-16 with respect to the
					 nonmixed hazardous waste.
General Authority:
NDCC
						23-20.3-03
Law Implemented:
NDCC
						23-20.3-03,
						23-20.3-04,
						23-20.3-05
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 › LOW-LEVEL MIXED WASTES › Section 33-24-05-881 - 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 › LOW-LEVEL MIXED WASTES › Section 33-24-05-882 - 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 › LOW-LEVEL MIXED WASTES › Section 33-24-05-883 - 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 › LOW-LEVEL MIXED WASTES › Section 33-24-05-884 - 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 › LOW-LEVEL MIXED WASTES › Section 33-24-05-885 - Transportation and disposal conditional exemption

Current through Supplement No. 393, July, 2024
This conditional exemption exempts a generator's,
					 treater's, or other handler's waste from the regulatory definition of hazardous
					 waste in section
					 33-24-02-03 if the waste meets the
					 eligibility criteria under section
					 33-24-05-890, and the generator,
					 treater, or other handler meets the conditions in section
					 33-24-05-895.
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 › LOW-LEVEL MIXED WASTES › Section 33-24-05-886 - 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 › LOW-LEVEL MIXED WASTES › Section 33-24-05-887 - 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 › LOW-LEVEL MIXED WASTES › Section 33-24-05-888 - 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 › LOW-LEVEL MIXED WASTES › Section 33-24-05-889 - 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 › LOW-LEVEL MIXED WASTES › Section 33-24-05-890 - Eligibility for the transportation and disposal conditional exemption

Current through Supplement No. 393, July, 2024
Eligible waste must be:
1. A low-level mixed waste, as defined in
				  section 33-24-05-850, that meets the waste
				  acceptance criteria of a low-level radioactive waste disposal facility;
2. An eligible NARM waste, defined
				  in section
				  33-24-05-850; or
3. Both a low-level mixed waste and an
				  eligible NARM waste.
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 › LOW-LEVEL MIXED WASTES › Section 33-24-05-891 - 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 › LOW-LEVEL MIXED WASTES › Section 33-24-05-892 - 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 › LOW-LEVEL MIXED WASTES › Section 33-24-05-893 - 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 › LOW-LEVEL MIXED WASTES › Section 33-24-05-894 - 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 › LOW-LEVEL MIXED WASTES › Section 33-24-05-895 - Conditions to qualify for and maintain the transportation and disposal conditional exemption

Current through Supplement No. 393, July, 2024
A generator, treater, or other handler must meet the
					 following conditions for the generator's, treater's, or other handler's
					 eligible waste to qualify for and maintain the exemption:
1. The eligible waste must meet or be treated
				  to meet land disposal restriction treatment standards as described in section
				  33-24-05-896.
2. If the generator, treater, or other
				  handler is not already subject to nuclear regulatory commission or nuclear
				  regulatory commission agreement state equivalent manifest and transportation
				  regulations for the shipment of the waste, the generator, treater, or other
				  handler must manifest and transport the waste according to nuclear regulatory
				  commission regulations as described in section
				  33-24-05-897.
3. The exempted waste must be in containers
				  when it is disposed of in the low-level radioactive waste disposal facility as
				  described in section
				  33-24-05-900.
4. The exempted waste must be disposed of at
				  a designated low-level radioactive waste disposal facility as described in
				  section 33-24-05-899.
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 › LOW-LEVEL MIXED WASTES › Section 33-24-05-896 - Treatment standards for eligible waste

Current through Supplement No. 393, July, 2024
A generator's, treater's, or other handler's low-level
					 mixed waste or eligible NARM waste must meet land disposal restriction
					 treatment standards specified in sections
					 33-24-05-280 through
					 33-24-05-289.
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 › LOW-LEVEL MIXED WASTES › Section 33-24-05-897 - Manifest and transportation of eligible wastes not already subject to nuclear regulatory commission or nuclear regulatory commission agreement state equivalent manifest and transportation regulations

Current through Supplement No. 393, July, 2024
If the generator, treater, or other handler is not already
					 subject to nuclear regulatory commission or nuclear regulatory commission
					 agreement state equivalent manifest and transportation regulations for the
					 shipment of the generator's, treater's, or other handler's waste, then the
					 generator, treater, or other handler must meet the manifest requirements under
					 chapter
					 33-10-04.1 [
					 10 CFR
					 20.2006 ], and the transportation
					 requirements under 33-10-13 [
					 10 CFR
					 1.5 ] to ship the exempted waste.
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 › LOW-LEVEL MIXED WASTES › Section 33-24-05-898 - Transportation and disposal exemption

Current through Supplement No. 393, July, 2024
The exemption becomes effective once all the following
					 have occurred:
1. The generator's,
				  treater's, or other handler's eligible waste meets the applicable land disposal
				  restriction treatment standards.
2. The generator, treater, or other handler
				  has received return receipts that the department and the low-level radioactive
				  waste disposal facility have received notification as described in section
				  33-24-05-905.
3. The generator, treater, or other handler
				  has completed the packaging and preparation for shipment requirements for the
				  generator's, treater's, or other handler's waste according to nuclear
				  regulatory commission packaging and transportation regulations found under
				  33-10-13 [10 CFR part 71]; and the generator, treater, or other handler has
				  prepared a manifest for the waste according to nuclear regulatory commission
				  manifest regulations found under 33-10-04.1 [10 CFR part 20].
4. The generator, treater, or other handler
				  has placed the waste on a transportation vehicle destined for a low-level
				  radioactive waste disposal facility licensed by the nuclear regulatory
				  commission or a nuclear regulatory commission agreement state.
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 › LOW-LEVEL MIXED WASTES › Section 33-24-05-899 - Disposal facilities for exempted wastes

Current through Supplement No. 393, July, 2024
The generator's, treater's, or other handler's exempted
					 waste must be disposed of in a low-level radioactive waste disposal facility
					 that is regulated and licensed by the nuclear regulatory commission under 10
					 CFR part 61 or by a nuclear regulatory commission agreement state under
					 equivalent state regulations where the low-level radioactive waste disposal
					 facility is located, including state NARM licensing regulations for eligible
					 NARM.
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 › LOW-LEVEL MIXED WASTES › Section 33-24-05-900 - Disposal containers for exempted waste

Current through Supplement No. 393, July, 2024
The generator's, treater's, or other handler's exempted
					 waste must be placed in containers before it is disposed. The container must
					 be:
1. A carbon steel drum;
2. An alternative container with
				  equivalent containment performance in the disposal environment as a carbon
				  steel drum; or
3. A high integrity
				  container as defined by the nuclear regulatory commission.
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 › LOW-LEVEL MIXED WASTES › Section 33-24-05-901 - 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 › LOW-LEVEL MIXED WASTES › Section 33-24-05-902 - 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 › LOW-LEVEL MIXED WASTES › Section 33-24-05-903 - 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 › LOW-LEVEL MIXED WASTES › Section 33-24-05-904 - 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 › LOW-LEVEL MIXED WASTES › Section 33-24-05-905 - Notification

Current through Supplement No. 393, July, 2024
1. The generator, treater, or other handler
				  must provide a one-time notice to the department stating that the generator,
				  treater, or other handler is claiming the transportation and disposal
				  conditional exemption prior to the initial shipment of an exempted waste from
				  the generator's, treater's, or other handler's facility to a low-level
				  radioactive waste disposal facility. The dated written notice must include the
				  generator, treater, or other handler facility name, address, telephone number,
				  and identification number, and be sent by certified delivery.
2. The generator, treater, or other handler
				  must notify the low-level radioactive waste disposal facility receiving the
				  exempted waste by certified delivery before shipment of each exempted waste.
				  The generator, treater, or other handler can only ship the exempted waste after
				  receipt of the return receipt of the notice to the low-level radioactive waste
				  disposal facility. This notification must include the following:
a. A statement that the generator, treater,
				  or other handler has claimed the exemption for the waste.
b. A statement that the eligible waste meets
				  applicable land disposal restriction treatment standards.
c. The generator, treater, or other handler
				  facility's name, address, and identification number.
d. The hazardous waste code or codes prior to
				  the exemption of the waste streams.
e. A statement that the exempted waste must
				  be placed in a container according to section
				  33-24-05-900 prior to disposal in
				  order for the waste to remain exempt under the transportation and disposal
				  conditional exemption of sections
				  33-24-05-850 through
				  33-24-05-929.
f. The manifest
				  number of the shipment that will contain the exempted waste.
g. A certification that all the information
				  provided is true, complete, and accurate. The statement must be signed by an
				  authorized representative.
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 › LOW-LEVEL MIXED WASTES › Section 33-24-05-906 - 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 › LOW-LEVEL MIXED WASTES › Section 33-24-05-907 - 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 › LOW-LEVEL MIXED WASTES › Section 33-24-05-908 - 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 › LOW-LEVEL MIXED WASTES › Section 33-24-05-909 - 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 › LOW-LEVEL MIXED WASTES › Section 33-24-05-910 - Recordkeeping for the transportation and disposal conditional exemption

Current through Supplement No. 393, July, 2024
In addition to those records required by the generator's,
					 treater's, or other handler's nuclear regulatory commission or nuclear
					 regulatory commission agreement state license, the generator, treater, or other
					 handler must keep records as follows:
1. The generator, treater, or other handler
				  must follow the applicable existing recordkeeping requirements under sections
				  33-24-05-40 and
				  33-24-05-256 to demonstrate that
				  the waste has met land disposal restriction treatment standards prior to
				  claiming the exemption.
2. The
				  generator, treater, or other handler must keep a copy of all notifications and
				  return receipts required under sections
				  33-24-05-915 and
				  33-24-05-916 for three years after
				  the exempted waste is sent for disposal.
3. The generator, treater, or other handler
				  must keep a copy of all notifications and return receipts required under
				  subsection 1 of section
				  33-24-05-905 for three years after
				  the last exempted waste is sent for disposal.
4. The generator, treater, or other handler
				  must keep a copy of the notification and return receipt required under
				  subsection 2 of section
				  33-24-05-905 for three years after
				  the exempted waste is sent for disposal.
5. If the generator, treater, or other
				  handler is not already subject to nuclear regulatory commission or nuclear
				  regulatory commission agreement state equivalent manifest and transportation
				  regulations for the shipment of the waste, the generator, treater, or other
				  handler must also keep all other documents related to tracking the exempted
				  waste as required under
				  33-10-04.1 (
				  10 CFR
				  20.2006 ), including applicable NARM
				  requirements, in addition to the records specified in subsections 1 through 4.
6. The retention period referred
				  to in this section is extended automatically during the course of any
				  unresolved enforcement action regarding the regulated activity or as requested
				  by the department.
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 › LOW-LEVEL MIXED WASTES › Section 33-24-05-911 - 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 › LOW-LEVEL MIXED WASTES › Section 33-24-05-912 - 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 › LOW-LEVEL MIXED WASTES › Section 33-24-05-913 - 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 › LOW-LEVEL MIXED WASTES › Section 33-24-05-914 - 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 › LOW-LEVEL MIXED WASTES › Section 33-24-05-915 - Loss of transportation and disposal conditional exemption

Current through Supplement No. 393, July, 2024
1. Any waste will automatically lose the
				  transportation and disposal exemption if the generator, treater, or other
				  handler fails to manage it in accordance with all of the conditions specified
				  in section
				  33-24-05-895.
a. When the generator, treater, or other
				  handler fails to meet any of the conditions specified in section
				  33-24-05-895 for any wastes, the
				  generator, treater, or other handler must report to the department, in writing
				  by certified delivery, within thirty days of learning of the failure. The
				  report must be signed by an authorized representative certifying that the
				  information provided is true, accurate, and complete. This report must include:
(1) The specific condition or conditions that
				  the generator, treater, or other handler failed to meet for the
				  waste;
(2) A description of the
				  waste (including the waste name, hazardous waste code or codes and quantity)
				  that lost the exemption; and
(3)
				  The date or dates on which the generator, treater, or other handler failed to
				  meet the condition or conditions for the waste.
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 › LOW-LEVEL MIXED WASTES › Section 33-24-05-916 - Procedures to reclaim a lost transportation and disposal conditional exemption for low-level mixed waste

Current through Supplement No. 393, July, 2024
1. The
				  generator, treater, or other handler may reclaim the transportation and
				  disposal exemption for a waste after the generator, treater, or other handler
				  has received a return receipt confirming that the department has received
				  notification of the loss of the exemption specified in subsection 1 of section
				  33-24-05-915 and if:
a. The generator, treater, or other handler
				  again meets the conditions specified in section
				  33-24-05-895 for the waste; and
b. The generator, treater, or
				  other handler sends a notice, by certified delivery, to the department that the
				  generator, treater, or other handler is reclaiming the exemption for the waste.
				  The notice must be signed by an authorized representative certifying that the
				  information provided is true, accurate, and complete. The notice must:
(1) Explain the circumstances of each
				  failure.
(2) Certify that each
				  failure that caused the generator, treater, or other handler to lose the
				  exemption for the waste has been corrected and that the generator, treater, or
				  other handler again meets all conditions for the waste as of the date specified
				  in the notice.
(3) Describe plans
				  the generator, treater, or other handler has implemented, listing the specific
				  steps taken, to ensure that conditions will be met in the future.
(4) Include any other information the
				  department should consider when reviewing the notice reclaiming the exemption.
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 › LOW-LEVEL MIXED WASTES › Section 33-24-05-917 - 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 › LOW-LEVEL MIXED WASTES › Section 33-24-05-918 - 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 › LOW-LEVEL MIXED WASTES › Section 33-24-05-919 - 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 › LOW-LEVEL MIXED WASTES › Section 33-24-05-920 - 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 › LOW-LEVEL MIXED WASTES › Section 33-24-05-921 - 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 › LOW-LEVEL MIXED WASTES › Section 33-24-05-922 - 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 › LOW-LEVEL MIXED WASTES › Section 33-24-05-923 - 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 › LOW-LEVEL MIXED WASTES › Section 33-24-05-924 - 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 › LOW-LEVEL MIXED WASTES › Section 33-24-05-925 - 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 › LOW-LEVEL MIXED WASTES › Section 33-24-05-926 - 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 › LOW-LEVEL MIXED WASTES › Section 33-24-05-927 - 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 › LOW-LEVEL MIXED WASTES › Section 33-24-05-928 - Reserved

Current through Supplement No. 393, July, 2024