reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › Section 33.1-24-05-04 - General waste analysis

Current through Supplement No. 393, July, 2024
1. Waste analysis
				requirements.
a. Before an owner or operator
				treats, stores, or disposes of any hazardous wastes, the owner or operator
				shall obtain a detailed chemical and physical analysis of a representative
				sample of the waste. At a minimum, this analysis must contain all the
				information which must be known to treat, store, or dispose of the waste in
				accordance with the requirements of this chapter or a permit issued under
				chapter 33.1-24-06.
b. The analysis
				may include data developed under 33.1-24-02 and existing published or
				documented data on the hazardous waste or on hazardous waste generated from
				similar processes. (Comment: For example, the facility's records of analyses
				performed on the waste before the effective date of these rules, or studies
				conducted on hazardous wastes generated from processes similar to that which
				generated the waste to be managed at the facility, may be included in the
				database required to comply with subdivision a. The owner or operator of an
				offsite facility may arrange for the generator of the hazardous waste to supply
				part of the information required by subdivision a, except as otherwise
				specified in subsections 2 and 3 of section
				33.1-24-05-256. If the generator
				does not supply the information, and the owner or operator chooses to accept a
				hazardous waste, the owner or operator is responsible for obtaining the
				information required to comply with this section.)
c. The analysis must be repeated as necessary
				to ensure that it is accurate and up-to-date. At a minimum, the analysis must
				be repeated:
(1) When the owner or operator
				is notified, or has reason to believe, that the process or operation generating
				the hazardous waste has changed; and
(2) For offsite facilities when the results
				of the inspection required in subdivision d indicate that the hazardous waste
				received at the facility does not match the waste designated on the
				accompanying manifest or shipping paper.
d. The owner or operator of an offsite
				facility shall inspect and, if necessary, analyze each hazardous waste movement
				received at the facility to determine whether it matches the identity of the
				waste specified on the accompanying manifest or shipping paper.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › Section 33.1-24-05-05 - Security

Current through Supplement No. 393, July, 2024
1. The owner or
				operator shall prevent the unknowing entry, and minimize the possibility for
				the unauthorized entry, of persons or livestock onto the active portion of the
				owner's or operator's facility, unless the owner or operator can demonstrate to
				the department that:
a. Physical contact with
				the waste, structures, or equipment with the active portion of the facility
				will not injure unknowing or unauthorized persons or livestock which may enter
				the active portion of the facility.
b. Disturbance of the waste or equipment, by
				the unknowing or unauthorized entry of persons or livestock onto the active
				portion of a facility, will not cause a violation of the requirements of this
				chapter.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › Section 33.1-24-05-06 - General inspection requirements

Current through Supplement No. 393, July, 2024
1. The owner or
				operator shall inspect the facility for malfunctions and deterioration,
				operator errors, and discharges which may be causing or may lead to release of
				hazardous waste constituents to the environment, or a threat to human health.
				The owner or operator shall conduct these inspections often enough to identify
				problems in time to correct them before they harm human health or the
				environment.
2. Schedule
				requirements.
a. The owner or operator shall
				develop and follow a written schedule for inspecting all monitoring equipment,
				safety, and emergency equipment, security devices, and operating and structural
				equipment (such as dikes and sump pumps) that are important to preventing,
				detecting, or responding to environmental or human health hazards.
b. The owner or operator shall keep this
				schedule at the facility.
c. The
				schedule must identify the types of problems, for example, malfunctions or
				deterioration, which are to be looked for during the inspection, for example,
				inoperative sump pump, leaking fitting, eroding dike, etc.
d. The frequency of inspection may vary for
				the items on the schedule. However, the frequency should be based on the rate
				of deterioration of the equipment and the probability of an environmental or
				human health incident if the deterioration, malfunction, or operator error goes
				undetected between inspections. Areas subject to spills, such as loading and
				unloading areas, must be inspected daily when in use. At a minimum, the
				inspection schedule must include the items and frequencies called for in
				sections
				33.1-24-05-93,
				33.1-24-05-106,
				33.1-24-05-108,
				33.1-24-05-120,
				33.1-24-05-132,
				33.1-24-05-150,
				33.1-24-05-165,
				33.1-24-05-178,
				33.1-24-05-302,
				33.1-24-05-403,
				33.1-24-05-422,
				33.1-24-05-423,
				33.1-24-05-428, and
				33.1-24-05-453 through
				33.1-24-05-459, where
				applicable.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › Section 33.1-24-05-07 - Personnel training

Current through Supplement No. 393, July, 2024
1. Initial training
				requirements.
a. Facility personnel shall
				successfully complete a program of classroom instruction or on-the-job training
				that teaches them to perform their duties in a way that ensures the facility's
				compliance with the requirements of these rules. The owner or operator shall
				ensure that this program includes all the elements described in the document
				required under subdivision c of subsection 4.
b. This program must be directed by a person
				trained in hazardous waste management procedures, and must include instruction
				which teaches facility personnel hazardous waste management procedures,
				including contingency plan implementation, relevant to the positions in which
				they are employed.
c. At a minimum,
				the training program must be designed to ensure that facility personnel are
				able to respond effectively to emergencies by familiarizing them with emergency
				procedures, emergency equipment, and emergency systems, including where
				applicable:
(1) Procedures for using,
				inspecting, repairing, and replacing facility emergency and monitoring
				equipment.
(2) Key parameters for
				automatic waste feed cutoff systems.
(3) Communications or alarm
				systems.
(4) Response to fires or
				explosions.
(5) Response to ground
				water contamination incidents.
(6)
				Shutdown of operations.
d. For facility employees that receive
				emergency response training pursuant to occupational safety and health
				administration regulations
				29 CFR
				1910.120(p)(8) and
				1910.120(q),
				the facility is not required to provide separate emergency response training
				pursuant to this section, provided that the overall facility training meets all
				the requirements of this section.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › Section 33.1-24-05-08 - General requirements for ignitable, reactive, or incompatible wastes

Current through Supplement No. 393, July, 2024
1. The owner or
				operator shall take precautions to prevent accidental ignition or reaction of
				ignitable or reactive waste. This waste must be separated and protected from
				sources of ignition or reaction, including open flames, smoking, cutting and
				welding, hot surfaces, frictional heat, sparks (static, electrical, or
				mechanical), spontaneous ignition (for example, from heat-producing chemical
				reactions), and radiant heat. While ignitable or reactive waste is being
				handled, the owner or operator shall confine smoking and open flames to
				specially designated locations. "No Smoking" signs must be conspicuously placed
				wherever there is a hazard from ignitable or reactive wastes.
2. Where specifically required by other
				sections of this chapter, the owner or operator of a facility that treats,
				stores, or disposes ignitable or reactive waste, or mixes incompatible wastes,
				or incompatible wastes and other materials, must take precautions to prevent
				reactions which:
a. Generate extreme heat or
				pressure, fire or explosion, or violent reaction;
b. Produce uncontrolled toxic mists, fumes,
				dust, or gases in sufficient quantity to threaten human health or the
				environment;
c. Produce
				uncontrolled flammable fumes or gases in sufficient quantities to pose a risk
				of fire or explosions;
d. Damage
				the structural integrity of the device or facility; or
e. Through other like means threaten human
				health or the environment.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › Section 33.1-24-05-09 - Location standards

Current through Supplement No. 393, July, 2024
1. The department
				will not issue a permit to any facility which is or will be constructed in a
				location with a geology, hydrogeology, hydrology, or topography which the
				department reasonably believes is incompatible with the type of hazardous waste
				management activity occurring or proposed to occur. Locations which are
				specifically within the meaning of this section include floodplains, ground
				water recharge areas, highly permeable soils, high ground water tables, and
				areas of high topographic relief.
2. The placement of any noncontainerized or
				bulk liquid hazardous waste in any salt dome formation, salt bed formation,
				underground mine, or cave is prohibited.
General Authority:
NDCC 23.1-04-03; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03, 23.1-04-05;
					 S.L. 2017, ch. 199, § 19
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › Section 33.1-24-05-10 - Construction quality assurance program

Current through Supplement No. 393, July, 2024
1.
Construction quality assurance program.
a. A construction quality assurance program
				is required for all surface impoundment, waste pile, and landfill units that
				are required to comply with subsections 3 and 4 of section
				33.1-24-05-119, subsections 2
				and 3 of section
				33.1-24-05-131, and subsections
				3 and 4 of section
				33.1-24-05-177. The program must
				ensure that the constructed unit meets or exceeds all design criteria and
				specifications in the permit. The program must be developed and implemented
				under the direction of a construction quality assurance officer who is a
				registered professional engineer.
b. The construction quality assurance program
				must address the following physical components, where applicable:
(1) Foundations;
(2) Dikes;
(3) Low-permeability soil liners;
(4) Geomembranes (flexible membrane
				liners);
(5) Leachate collection
				and removal systems and leak detection systems; and
(6) Final cover systems.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › Section 33.1-24-05-11 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › Section 33.1-24-05-12 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › Section 33.1-24-05-13 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › Section 33.1-24-05-14 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › PREPAREDNESS AND PREVENTION REQUIREMENTS › Section 33.1-24-05-15 - Design and operation of facility

Current through Supplement No. 393, July, 2024
Facilities must be designed, constructed, maintained, and
					 operated to minimize the possibility of a fire, explosion, or any unplanned
					 sudden or nonsudden release of hazardous waste or hazardous waste constituents
					 to air, soil, or surface water which could threaten human health or the
					 environment.
General Authority:
NDCC 23.1-04-03; S.L.
						2017, ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03,
						23.1-04-05; S.L. 2017, ch. 199, §
						19
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › PREPAREDNESS AND PREVENTION REQUIREMENTS › Section 33.1-24-05-16 - Required equipment

Current through Supplement No. 393, July, 2024
All facilities must be equipped with the following, unless
					 it can be demonstrated to the department that none of the hazards posed by
					 waste handled at the facility could require a particular kind of equipment
					 specified below:
1. An internal
				  communications or alarm system capable of providing immediate emergency
				  instruction (voice or signal) to facility personnel.
2. A device, such as a telephone (immediately
				  available at the scene of operations), or a hand-held two-way radio, capable of
				  summoning emergency assistance from local police departments, fire departments,
				  or state or local emergency response teams.
3. Portable fire extinguishers, fire control
				  equipment, including special extinguishing equipment (such as that using foam,
				  inert gas, or dry chemicals), spill control equipment, and decontamination
				  equipment.
4. Water at adequate
				  volume and pressure to supply water hose streams, foam-producing equipment,
				  automatic sprinklers, or water spray systems.
General Authority:
NDCC 23.1-04-03; S.L.
						2017, ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03,
						23.1-04-05; S.L. 2017, ch. 199, §
						19
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › PREPAREDNESS AND PREVENTION REQUIREMENTS › Section 33.1-24-05-17 - Testing and maintenance of equipment

Current through Supplement No. 393, July, 2024
All facility communications or alarm systems, fire
					 protection equipment, spill control equipment, and decontamination equipment,
					 where required, must be tested and maintained as necessary, to ensure its
					 proper operation in time of emergency.
General Authority:
NDCC 23.1-04-03; S.L.
						2017, ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03,
						23.1-04-05; S.L. 2017, ch. 199, §
						19
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › PREPAREDNESS AND PREVENTION REQUIREMENTS › Section 33.1-24-05-18 - Access to communications or alarm system

Current through Supplement No. 393, July, 2024
1. Whenever
				  hazardous waste is being poured, mixed, spread, or otherwise handled, all
				  personnel involved in the operation must have immediate access to an internal
				  alarm or emergency communication device, either directly or through visual or
				  voice contact with another employee, unless such a device is not required under
				  section 33.1-24-05-16.
2. If there is ever just one employee on the
				  premises while the facility is operating, the employee must have immediate
				  access to a device, such as a telephone, immediately available at the scene of
				  the operation, or a hand-held two-way radio, capable of summoning external
				  emergency assistance, unless such a device is not required under section
				  33.1-24-05-16.
General Authority:
NDCC 23.1-04-03; S.L.
						2017, ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03,
						23.1-04-05; S.L. 2017, ch. 199, §
						19
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › PREPAREDNESS AND PREVENTION REQUIREMENTS › Section 33.1-24-05-19 - Required aisle space

Current through Supplement No. 393, July, 2024
The owner or operator shall maintain aisle space to allow
					 the unobstructed movement of personnel, fire protection equipment, spill
					 control equipment, and decontamination equipment to any area of facility
					 operation in an emergency, unless it can be demonstrated to the department that
					 aisle space is not needed for any of these purposes.
General Authority:
NDCC 23.1-04-03; S.L.
						2017, ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03,
						23.1-04-05; S.L. 2017, ch. 199, §
						19
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › PREPAREDNESS AND PREVENTION REQUIREMENTS › Section 33.1-24-05-20 - Arrangements with local authorities

Current through Supplement No. 393, July, 2024
1. The
				  owner or operator shall attempt to make the following arrangements, as
				  appropriate for the types of waste handled at the facility and the potential
				  need for the services of these organizations:
a. Arrangements to familiarize police, fire
				  departments, and emergency response teams with the layout of the facility,
				  properties of hazardous waste handled at the facility and associated hazards,
				  places where facility personnel would normally be working, entrances to and
				  roads inside the facility, and possible evacuation routes.
b. Where more than one police and fire
				  department might respond to an emergency, agreements designating primary
				  emergency authority to a specific police and a specific fire department and
				  agreements with any others to provide support to the primary emergency
				  authority.
c. Agreements with state
				  emergency response teams, emergency response contractors, and equipment
				  suppliers.
d. Arrangements to
				  familiarize local hospitals with the properties of hazardous waste handled at
				  the facility and the types of injuries or illnesses which could result from
				  fires, explosions, or releases at the facility.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › PREPAREDNESS AND PREVENTION REQUIREMENTS › Section 33.1-24-05-21 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › PREPAREDNESS AND PREVENTION REQUIREMENTS › Section 33.1-24-05-22 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › PREPAREDNESS AND PREVENTION REQUIREMENTS › Section 33.1-24-05-23 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › PREPAREDNESS AND PREVENTION REQUIREMENTS › Section 33.1-24-05-24 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › PREPAREDNESS AND PREVENTION REQUIREMENTS › Section 33.1-24-05-25 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › CONTINGENCY PLAN AND EMERGENCY PROCEDURES REQUIREMENTS › Section 33.1-24-05-26 - Purpose and implementation of contingency plan

Current through Supplement No. 393, July, 2024
1. Each owner or
				  operator shall have a contingency plan for the facility. The contingency plan
				  must be designed to minimize hazards to human health or the environment from
				  fires, explosions, or any unplanned sudden or nonsudden release of hazardous
				  waste or hazardous waste constituents to air, soil, or surface water.
2. The provisions of the plan must be carried
				  out immediately whenever there is a fire, explosion, or release of hazardous
				  waste or hazardous waste constituents which could threaten human health or the
				  environment.
General Authority:
NDCC 23.1-04-03; S.L.
						2017, ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03,
						23.1-04-05; S.L. 2017, ch. 199, §
						19
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › CONTINGENCY PLAN AND EMERGENCY PROCEDURES REQUIREMENTS › Section 33.1-24-05-28 - Copies of contingency plan

Current through Supplement No. 393, July, 2024
A copy of the contingency plan and all revisions to the
					 plan must be:
1. Maintained at the
				  facility; and
2. Submitted to all
				  local police departments, fire departments, hospitals, and state and local
				  emergency response teams that may be called upon to provide emergency
				  services.
General Authority:
NDCC 23.1-04-03; S.L.
						2017, ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03,
						23.1-04-05; S.L. 2017, ch. 199, §
						19
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › CONTINGENCY PLAN AND EMERGENCY PROCEDURES REQUIREMENTS › Section 33.1-24-05-29 - Amendment of contingency plan

Current through Supplement No. 393, July, 2024
The contingency plan must be reviewed, and immediately
					 amended, if necessary, whenever:
1.
				  The facility permit is revised;
2.
				  The plan fails in an emergency;
3.
				  The facility changes in its design, construction, operation, maintenance, or
				  other circumstances, in a way that materially increases the potential for
				  fires, explosions, or releases of hazardous waste or hazardous waste
				  constituents, or changes the response necessary in an emergency;
4. The list of emergency coordinators
				  changes;
5. The list of emergency
				  equipment changes; or
6. Applicable
				  regulations are revised.
General Authority:
NDCC 23.1-04-03; S.L.
						2017, ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03,
						23.1-04-05; S.L. 2017, ch. 199, §
						19
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › CONTINGENCY PLAN AND EMERGENCY PROCEDURES REQUIREMENTS › Section 33.1-24-05-30 - Emergency coordinator

Current through Supplement No. 393, July, 2024
At all times, there must be at least one employee either on
					 the facility premises or on call, i.e., available to respond to an emergency by
					 reaching the facility within a short period of time, with the responsibility
					 for coordinating all emergency response measures. This emergency coordinator
					 shall be thoroughly familiar with all aspects of the facility's contingency
					 plan, all operations and activities at the facility, the location and
					 characteristics of wastes handled, the location of all records within the
					 facility, and the facility layout. In addition, this person must have the
					 authority to commit the resources needed to carry out the contingency
					 plan.
General Authority:
NDCC 23.1-04-03; S.L.
						2017, ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03,
						23.1-04-05; S.L. 2017, ch. 199, §
						19
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › CONTINGENCY PLAN AND EMERGENCY PROCEDURES REQUIREMENTS › Section 33.1-24-05-31 - Emergency procedures

Current through Supplement No. 393, July, 2024
1. When there is an
				  imminent or actual emergency situation, the emergency coordinator, or the
				  coordinator's designee when the emergency coordinator is on call, shall
				  immediately:
a. Activate internal facility
				  alarms or communication systems, where applicable, to notify all facility
				  personnel.
b. Notify appropriate
				  state or local agencies with designated response roles if their help is
				  needed.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › CONTINGENCY PLAN AND EMERGENCY PROCEDURES REQUIREMENTS › Section 33.1-24-05-32 - Quick reference guide for contingency plans

Current through Supplement No. 393, July, 2024
1. A large quantity generator that first
				  becomes subject to these provisions after May 30, 2017, or a large quantity
				  generator that is otherwise amending its contingency plan, at that time, shall
				  submit a quick reference guide of the contingency plan to the local emergency
				  responders identified in section 33.1-24-05-28, or the local emergency planning
				  committee as appropriate. The quick reference guide must include the following
				  elements:
a. The types, names, and associated
				  hazards of each hazard waste present at any one time (e.g., toxic paint wastes,
				  spent ignitable solvent, corrosive acid, etc.);
b. The estimated maximum amount of each
				  hazardous waste that may be present at any one time;
c. The identification of any hazardous wastes
				  where exposure would require unique or special treatment by medical or hospital
				  staff;
d. A map of the facility
				  showing where hazardous wastes are generated, accumulated, and treated along
				  with routes for accessing these wastes;
e. A street map of the facility in relation
				  to surrounding businesses, schools, and residential areas to understand how
				  best to get to the facility and evacuate citizens and workers;
f. The locations of water supply (e.g., fire
				  hydrants and its flow rate);
g. The
				  identification of onsite notification systems (e.g., an off site fire alarm,
				  smoke alarms); and
h. The name of
				  the emergency coordinator and twenty-four/seven emergency telephone number or,
				  in the case of a facility where an emergency coordinator is continuously on
				  duty, the emergency telephone number for the emergency coordinator.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › CONTINGENCY PLAN AND EMERGENCY PROCEDURES REQUIREMENTS › Section 33.1-24-05-33 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › CONTINGENCY PLAN AND EMERGENCY PROCEDURES REQUIREMENTS › Section 33.1-24-05-34 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › CONTINGENCY PLAN AND EMERGENCY PROCEDURES REQUIREMENTS › Section 33.1-24-05-35 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › CONTINGENCY PLAN AND EMERGENCY PROCEDURES REQUIREMENTS › Section 33.1-24-05-36 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › MANIFEST, RECORDKEEPING, AND REPORTING REQUIREMENTS › Section 33.1-24-05-37 - Applicability of manifest system, recordkeeping, and reporting requirements

Current through Supplement No. 393, July, 2024
1. Sections
				  33.1-24-05-37 through
				  33.1-24-05-46 apply to owners
				  and operators of both onsite and offsite facilities except as section
				  33.1-24-05-01 provides
				  otherwise. Sections
				  33.1-24-05-38,
				  33.1-24-05-39, and
				  33.1-24-05-43 do not apply to
				  owners and operators of onsite facilities that do not receive any hazardous
				  waste from offsite sources, and to owners and operators of offsite facilities
				  with respect to waste military munitions exempted from manifest requirements
				  under subsection 1 of section
				  33.1-24-05-823. Subsection 2 of
				  section 33.1-24-05-40 only applies to
				  permittees who treat, store, or dispose of hazardous waste onsite where such
				  wastes were generated.
2. The
				  revised manifest form and procedures in sections
				  33.1-24-01-04,
				  33.1-24-02-07, 33.1-24-05-37,
				  33.1-24-05-38,
				  33.1-24-05-39, and
				  33.1-24-05-43, shall not apply
				  until September 5, 2006, or 33.1-24 is amended and effective, but not prior to
				  September 5, 2006. The manifest form and procedures in sections
				  33.1-24-01-04,
				  33.1-24-02-07, 33.1-24-05-37,
				  33.1-24-05-38,
				  33.1-24-05-39, and
				  33.1-24-05-43, contained in
				  33.1-24, amended December 1, 2003, shall be applicable until September 5, 2006,
				  or when amended, but not prior to September 5, 2006.
General Authority:
NDCC 23.1-04-03; S.L.
						2017, ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03,
						23.1-04-05; S.L. 2017, ch. 199, §
						19
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › MANIFEST, RECORDKEEPING, AND REPORTING REQUIREMENTS › Section 33.1-24-05-39 - Manifest discrepancies

Current through Supplement No. 393, July, 2024
1. Manifest
				  discrepancies are:
a. Significant differences
				  (as defined by subsection 2) between the quantity or type of hazardous waste
				  designated on the manifest or shipping paper, and the quantity and type of
				  hazardous waste a facility actually receives;
b. Rejected wastes, which may be a full or
				  partial shipment of hazardous waste that the treatment, storage, or disposal
				  facility cannot accept; or
c.
				  Container residues, which are residues that exceed the quantity limits for
				  empty containers set forth in subsections 3, 4, and 5 of section
				  33.1-24-02-07.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › MANIFEST, RECORDKEEPING, AND REPORTING REQUIREMENTS › Section 33.1-24-05-41 - Availability, retention, and disposition of records

Current through Supplement No. 393, July, 2024
1. All records,
				  including plans, required under this chapter must be furnished upon request,
				  and made available at all reasonable times for inspection, by a duly designated
				  officer, employee, or representative of the department.
2. The retention period for all records is
				  extended automatically during the course of any unresolved enforcement action
				  regarding the facility or as requested by the department.
3. A copy of records of waste disposal
				  locations and quantities under subdivision b of subsection 2 of section
				  33.1-24-05-40 must be submitted
				  to the department and local land authority upon closure of the
				  facility.
General Authority:
NDCC 23.1-04-03; S.L.
						2017, ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03,
						23.1-04-05; S.L. 2017, ch. 199, §
						19
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › MANIFEST, RECORDKEEPING, AND REPORTING REQUIREMENTS › Section 33.1-24-05-42 - Biennial report

Current through Supplement No. 393, July, 2024
The owner or operator shall prepare and submit a single
					 copy of a biennial report to the department by March first of each
					 even-numbered year. The report form and instructions can be obtained from the
					 department. The biennial report must cover facility activities during the
					 previous calendar year and must include the following information:
1. The identification number, name, and
				  address of the facility.
2. The
				  calendar year covered by the report.
3. For offsite facilities, identification
				  number of each hazardous waste generator from which the facility received a
				  hazardous waste during the year; for imported shipments, the report must give
				  the name and address of the foreign generator.
4. A description and quantity of each
				  hazardous waste the facility received during the year. For offsite facilities,
				  this information must be listed by identification number of each
				  generator.
5. The method of
				  treatment, storage, or disposal for each hazardous waste.
6. Any ground water monitoring data which the
				  owner or operator is required to collect under section
				  33.1-24-05-55,
				  33.1-24-05-56,
				  or
				  33.1-24-05-57,
				  and which the owner or operator has not otherwise submitted to the department
				  under those sections.
7. The most
				  recent closure and postclosure cost estimate under section
				  33.1-24-05-76.
8. For generators who treat, store, or
				  dispose of hazardous waste onsite, a description of the efforts undertaken
				  during the year to reduce the volume and toxicity of waste generated.
9. For generators who treat, store, or
				  dispose of hazardous waste onsite, a description of the changes in volume and
				  toxicity of waste actually achieved during the year in comparison to previous
				  years to the extent such information is available for the years prior to
				  1984.
10. The certification signed
				  by the owner or operator of the facility or the owner's or operator's
				  authorized representative.
General Authority:
NDCC 23.1-04-03
Law Implemented:
NDCC 23.1-04-03,
						23.1-04-05; S.L. 2017, ch. 199, §
						19
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › MANIFEST, RECORDKEEPING, AND REPORTING REQUIREMENTS › Section 33.1-24-05-43 - Unmanifested waste report

Current through Supplement No. 393, July, 2024
If a facility accepts for treatment, storage, or disposal
					 any hazardous waste from an offsite source without an accompanying manifest, or
					 without an accompanying shipping paper as described in subsection 5 of section
					 33.1-24-04-04 and if the waste
					 is not excluded from the manifest requirement by this article, then the owner
					 or operator shall prepare and submit a single copy of a report to the
					 department within fifteen days after receiving the waste. The report must be
					 designated "Unmanifested Waste Report" and must include the following
					 information:
1. The identification
				  number, name, and address of the facility;
2. The date the facility received the
				  waste;
3. The identification
				  number, name, and address of the generator and the transporter, if
				  available;
4. A description and the
				  quantity of each unmanifested hazardous waste the facility received;
5. The method of treatment, storage, or
				  disposal for each hazardous waste;
6. The certification signed by the owner or
				  operator of the facility or the owner's or operator's authorized
				  representative; and
7. A brief
				  explanation of why the waste was unmanifested, if known.
General Authority:
NDCC 23.1-04-03; S.L.
						2017, ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03,
						23.1-04-05; S.L. 2017, ch. 199, §
						19
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › MANIFEST, RECORDKEEPING, AND REPORTING REQUIREMENTS › Section 33.1-24-05-44 - Additional reports

Current through Supplement No. 393, July, 2024
In addition to submitting the biennial reports and
					 unmanifested waste reports described in sections
					 33.1-24-05-42 and
					 33.1-24-05-43, the owner or
					 operator shall also report to the department:
1. Releases, fires, and explosions as
				  specified in subsection 10 of section
				  33.1-24-05-31.
2. Facility closures specified in section
				  33.1-24-05-64.
3. As otherwise required by sections
				  33.1-24-05-47 through
				  33.1-24-05-58,
				  33.1-24-05-118 through
				  33.1-24-05-143,
				  33.1-24-05-160 through
				  33.1-24-05-190, and
				  33.1-24-05-400 through
				  33.1-24-05-474.
General Authority:
NDCC 23.1-04-03; S.L.
						2017, ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03,
						23.1-04-05; S.L. 2017, ch. 199, § 19
33.1-24-05-45.
						[Reserved].
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › MANIFEST, RECORDKEEPING, AND REPORTING REQUIREMENTS › Section 33.1-24-05-45 - Fees for the electronic hazardous waste manifest program

Current through Supplement No. 393, July, 2024
Users of the electronic manifest system as defined by
					 section 33.1-24-01-04 are subject to the fee requirements set forth by the
					 environmental protection agency in subpart FF of 40 CFR 264, through July 1,
					 2018.
General Authority:
NDCC 23.1-04-03;
						S.L.
						2017, ch. 199,
						§
													1
Law Implemented:
NDCC 23.1-04-03,
						23.1-04-05;
						S.L.
						2017, ch. 199,
						§
													19
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › MANIFEST, RECORDKEEPING, AND REPORTING REQUIREMENTS › Section 33.1-24-05-46 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › RELEASES FROM SOLID WASTE MANAGEMENT UNITS REQUIREMENTS › Section 33.1-24-05-47 - Applicability of releases from solid waste management units requirements

Current through Supplement No. 393, July, 2024
1. Applicability.
a. Except as provided in subsection 2,
				  sections 33.1-24-05-47 through
				  33.1-24-05-58 apply to owners or
				  operators of facilities that treat, store, or dispose of hazardous waste. The
				  owner or operator must satisfy the requirements identified in subdivision b for
				  all wastes (or constituents thereof) contained in solid waste management units
				  at the facility, regardless of the time at which waste was placed in such
				  units.
b. All solid waste
				  management units must comply with the requirements in section
				  33.1-24-05-58. A surface
				  impoundment, waste pile, and land treatment unit, or landfill that receives
				  hazardous waste after July 26, 1982, (hereinafter referred to as a "regulated
				  unit") must comply with the requirements of sections
				  33.1-24-05-48 through
				  33.1-24-05-57 in lieu of section
				  33.1-24-05-58 for purposes of
				  detecting, characterizing, and responding to releases to the uppermost aquifer.
				  The financial responsibility requirements of section
				  33.1-24-05-58 apply to regulated
				  units.