reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-02 - Identification and Listing of Hazardous Waste › Section 33-24-02-204 - Standards - Tanks

Current through Supplement No. 393, July, 2024
1. The provisions
				of this section apply to the control of air pollutant emissions from tanks for
				which subsection 2 of section 33-24-02-202 references the use of this section
				for such air emission control.
2.
				The remanufacturer or other person that stores or treats the hazardous
				secondary material shall control air pollutant emissions from each tank subject
				to this section in accordance with the following requirements as applicable:
a. For a tank that manages hazardous
				secondary material that meets all of the conditions specified in paragraphs 1
				through 2, the remanufacturer or other person that stores or treats the
				hazardous secondary material shall control air pollutant emissions from the
				tank in accordance with the Tank Level 1 controls specified in subsection 3 or
				the Tank Level 2 controls specified in subsection 4.
(1) The hazardous secondary material in the
				tank has a maximum organic vapor pressure which is less than the maximum
				organic vapor pressure limit for the tank's design capacity category as
				follows:
(a) For a tank design capacity equal
				to or greater than one hundred fifty one meters3
				(5,330 feet 
				3 ) , the maximum organic vapor pressure
				limit for the tank is five and two-tenths kilopascals.
(b) For a tank design capacity equal to or
				greater than seventy-five meters3 (2,650
				feet3 ) but less than one hundred fifty one meters 
				3 (5,330 feet 
				3 ) , the maximum organic vapor pressure
				limit for the tank is twenty seven and six tenths kilopascals.
(c) For a tank design capacity less than
				seventy-five meters3 (2,650 feet 
				3 ) , the maximum organic vapor pressure
				limit for the tank is seventy-six and six tenths kilopascals.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-02 - Identification and Listing of Hazardous Waste › Section 33-24-02-206 - Standards - Containers

Current through Supplement No. 393, July, 2024
1. The provisions
				of this section apply to the control of air pollutant emissions from containers
				for which subsection 2 of section 33-24-02-202 references the use of this
				section for such air emission control.
2. General requirements.
a. The remanufacturer or other person that
				stores or treats the hazardous secondary material shall control air pollutant
				emissions from each container subject to this section in accordance with the
				following requirements, as applicable to the container.
(1) For a container having a design capacity
				greater than one-tenth meters3 (3.5 feet 
				3 ) and less than or equal to forty-six
				one-hundredths meters3 (16.25 feet 
				3 ), the remanufacturer or other person
				that stores or treats the hazardous secondary material shall control air
				pollutant emissions from the container in accordance with the Container Level 1
				standards specified in subsection 3.
(2) For a container having a design capacity
				greater than forty-six one-hundredths meters3 (16.25
				fee t3 ) w hich is not in light material service,
				the remanufacturer or other person that stores or treats the hazardous
				secondary material shall control air pollutant emissions from the container in
				accordance with the Container Level 1 standards specified in subsection
				3.
(3) For a container having a
				design capacity greater than forty-six one-hundredths
				meters3 (16.25 feet 
				3 ) w hich is in light material service,
				the remanufacturer or other person that stores or treats the hazardous
				secondary material shall control air pollutant emissions from the container in
				accordance with the Container Level 2 standards specified in subsection
				4.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-02 - Identification and Listing of Hazardous Waste › Section 33-24-02-207 - Standards - Closed-vent systems and control devices

Current through Supplement No. 393, July, 2024
1. This section applies to each closed-vent
				system and control device installed and operated by the remanufacturer or other
				person that stores or treats the hazardous secondary material to control air
				emissions in accordance with standards of sections 33-24-02-200 through
				33-24-02-214.
2. The closed-vent
				system must meet the following requirements:
a. The closed-vent system must route the
				gases, vapors, and fumes emitted from the hazardous secondary material in the
				hazardous secondary material management unit to a control device that meets the
				requirements specified in subsection 3.
b. The closed-vent system must be designed
				and operated in accordance with the requirements specified in subsection 11 of
				section 33-24-02-173.
c. In the
				case when the closed-vent system includes bypass devices that could be used to
				divert the gas or vapor stream to the atmosphere before entering the control
				device, each bypass device must be equipped with either a flow indicator as
				specified in paragraph 1 or a seal or locking device as specified in paragraph
				2. For the purpose of complying with this paragraph, low leg drains, high point
				bleeds, analyzer vents, open-ended valves or lines, spring loaded pressure
				relief valves, and other fittings used for safety purposes are not considered
				to be bypass devices.
(1) If a flow indicator
				is used to comply with this subdivision, the indicator must be installed at the
				inlet to the bypass line used to divert gases and vapors from the closed-vent
				system to the atmosphere at a point upstream of the control device inlet. For
				this subdivision, a flow indicator means a device which indicates the presence
				of either gas or vapor flow in the bypass line.
(2) If a seal or locking device is used to
				comply with this subdivision, the device must be placed on the mechanism by
				which the bypass device position is controlled (for example, valve handle,
				damper lever) when the bypass device is in the closed position such that the
				bypass device cannot be opened without breaking the seal or removing the lock.
				Examples of such devices include, a car-seal or a lock-and-key configuration
				valve. The remanufacturer or other person that stores or treats the hazardous
				secondary material visually shall inspect the seal or closure mechanism at
				least once every month to verify that the bypass mechanism is maintained in the
				closed position.
d. The
				closed-vent system must be inspected and monitored by the remanufacturer or
				other person that stores or treats the hazardous secondary material in
				accordance with the procedure specified in subsection 12 of section
				33-24-02-173.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-02 - Identification and Listing of Hazardous Waste › Section 33-24-02-208 - Inspection and monitoring requirements

Current through Supplement No. 393, July, 2024
1. The remanufacturer or other person that
				stores or treats the hazardous secondary material shall inspect and monitor air
				emission control equipment used to comply with sections 33-24-02-200 through
				33-24-02-214 in accordance with the applicable requirements specified in
				sections 33-24-02-204 through 33-24-02-207.
2. The remanufacturer or other person that
				stores or treats the hazardous secondary material shall develop and implement a
				written plan and schedule to perform4 the inspections and monitoring required
				by subsection 1. The remanufacturer or other person that stores or treats the
				hazardous secondary material shall keep the plan and schedule at the
				facility.
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 33-24-02 - Identification and Listing of Hazardous Waste › Section 33-24-02-209 - Recordkeeping requirements

Current through Supplement No. 393, July, 2024
1. Each
				remanufacturer or other person that stores or treats the hazardous secondary
				material subject to requirements of sections 33-24-02-200 through 33-24-02-214
				shall record and maintain the information specified in subsections 2 through
				10, as applicable to the facility. Except for air emission control equipment
				design documentation and information required by subsections 9 and 10, records
				required by this section must be maintained at the facility for a minimum of
				three years. Air emission control equipment design documentation must be
				maintained at the facility until the air emission control equipment is replaced
				or otherwise no longer in service. Information required by subsections 9 and 10
				must be maintained at the facility for as long as the hazardous secondary
				material management unit is not using air emission controls specified in
				sections 33-24-02-204 through 33-24-02-207 in accordance with the conditions
				specified in subsection 4 or subdivision g of subsection 2 of section
				33-24-02-200, respectively.
2. The
				remanufacturer or other person that stores or treats the hazardous secondary
				material using a tank with air emission controls in accordance with the
				requirements of section 33-24-02-204 shall prepare and maintain records for the
				tank that include the following information:
a. For each tank using air emission controls
				in accordance with the requirements of section 33-24-02-204, the remanufacturer
				or other person that stores or treats the hazardous secondary material shall
				record:
(1) A tank identification number (or
				other unique identification description as selected by the remanufacturer or
				other person that stores or treats the hazardous secondary material).
(2) A record for each inspection required by
				section 33-24-02-204 which includes the following information:
(a) Date inspection was conducted.
(b) For each defect detected during the
				inspection: the location of the defect, a description of the defect, the date
				of detection, and corrective action taken to repair the defect. If repair of
				the defect is delayed in accordance with the requirements of section
				33-24-02-204, the remanufacturer or other person that stores or treats the
				hazardous secondary material also shall record the reason for the delay and the
				date that completion of repair of the defect is expected.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-02 - Identification and Listing of Hazardous Waste › Appendix I - Representative Sampling Methods

Current through Supplement No. 393, July, 2024
The methods and equipment used for sampling waste materials
				  will vary with the form and consistency of the waste materials to be sampled.
				  Samples collected using the sampling protocols listed below, for sampling waste
				  with properties similar to the indicated materials, will be considered by the
				  agency to be representative of the waste.
Extremely viscous liquid - ASTM Standard D140-70 Crushed or
				  powdered material - ASTM Standard D346-75 Soil or rock-like material - ASTM
				  Standard D420-69 Soil-like material - ASTM Standard D1452-65
Fly Ash-like material - ASTM Standard D2234-76 (ASTM
				  Standards are available from ASTM, 1916 Race Street, Philadelphia, Pennsylvania
				  19103)
Containerized liquid wastes - "COLIWASA."
Liquid waste in pits, ponds, lagoons, and similar reservoirs
				  - "Pond Sampler."
This manual also contains additional information on
				  application of these protocols.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-03 - Standards for Generators › Section 33-24-03-02 - Hazardous waste determination

Current through Supplement No. 393, July, 2024
A person who generates a solid waste as defined in section
				  33-24-02-02 must determine if that
				  waste is a hazardous waste using the following method:
1. The person should first determine if the
				waste is excluded from regulation under section
				33-24-02-04;
2. The person must then determine if the
				waste is listed as a hazardous waste in 33-24-02; and
3. For purposes of compliance with sections
				33-24-05-250 through 33-24-05-299,
				or if the waste is not listed in sections
				33-24-02-15 through
				33-24-02-18, the generator must
				then determine whether the waste is identified in sections
				33-24-02-10 through
				33-24-02-14 by either:
a. Testing the waste according to the methods
				set forth in 33-24-02 or an equivalent method as approved by the department;
				or
b. Applying knowledge of the
				hazard characteristic of the waste in light of the materials or the processes
				used.
c. All waste analysis
				pursuant to subdivision a must be conducted by a laboratory approved by the
				department's certification procedures.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-03 - Standards for Generators › Section 33-24-03-03 - Identification number and registration certificate

Current through Supplement No. 393, July, 2024
1. A generator may not treat, store, dispose
				of, transport, or offer for transportation hazardous waste without having
				received an identification number and a registration certificate from the
				department.
2. A generator who has
				not received an identification number and a registration certificate may obtain
				one by applying to the department. Upon receiving the request the department
				will assign an identification number and issue a registration certificate to
				the generator.
3. A generator may
				not offer the generator's hazardous waste to transporters that have not
				received an identification number and a transporter permit, or to treatment,
				storage, or disposal facilities that have not received an identification number
				and applied for a hazardous waste permit.
4. The department may assess and collect
				reasonable fees for the issuance of registration certificates.
General Authority:
NDCC
					 23-20.3-03,
					 23-20.3-05.1
Law Implemented:
NDCC
					 23-20.3-03,
					 23-20.3-04,
					 23-20.3-05.1
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-03 - Standards for Generators › Section 33-24-03-04 - General requirements of the manifest

Current through Supplement No. 393, July, 2024
1. A generator who transports, or offers for
				transport a hazardous waste for offsite treatment, storage, or disposal, or a
				treatment, storage, and disposal facility who offers for transport a rejected
				hazardous waste load, must prepare a manifeston environmental protection agency
				form 8700-22, and if necessary, environmental protection agency form 8700-22A,
				according to instructions included in appendix I to this chapter.
a. The revised manifest form and procedures
				in sections
				33-24-01-04,
				33-24-02-07,
				33-24-03-04,
				33-24-03-05, subsection 6 of
				section 33-24-03-07, sections
				33-24-03-10,
				33-24-03-12,
				33-24-03-21,
				33-24-03-30, and appendix I to
				this chapter, shall not apply until September 5, 2006, or 33-24 is amended and
				effective, but not prior to September 5, 2006. The manifest form and procedures
				in sections
				33-24-01-04,
				33-24-02-07,
				33-24-03-04,
				33-24-03-05,
				33-24-03-10,
				33-24-03-12,
				33-24-03-21,
				33-24-03-30, and appendix I to
				this chapter contained in 33-24, amended December 1, 2003, shall be applicable
				until September 5, 2006, or when amended, but not prior to September 5,
				2006.
b. Electronic manifest. In
				lieu of using the manifest form specified in subsection 1, a person required to
				prepare a manifest under subsection 1 may prepare and use an electronic
				manifest, provided that the person:
(1)
				Complies with the requirements in subsection 8 of section
				33-24-03-07 for use of electronic
				manifests; and
(2) Complies with
				the requirements of 40 CFR
				3.10 for the reporting of electronic
				documents to the environmental protection agency.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-03 - Standards for Generators › Section 33-24-03-05 - Manifest tracking numbers, manifest printing, and obtaining manifests

Current through Supplement No. 393, July, 2024
1. A registrant:
a. May not print, or have printed, the
				manifest for use of distribution unless it has received approval from the
				environmental protection agency director of the office of resource conservation
				and recovery to do so under subsections 3 and 5.
b. The approved registrant is responsible for
				ensuring that the organizations identified in its application are in compliance
				with the procedures of its approved application and the requirements of this
				section. The registrant is responsible for assigning manifest tracking numbers
				to the registrant's manifests.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-03 - Standards for Generators › Section 33-24-03-06 - Number of copies of the manifest

Current through Supplement No. 393, July, 2024
The manifest must consist of at least the number of copies
				  which will provide the generator, each transporter, and the owner or operator
				  of the designated facility with one copy each for their records and another
				  copy to be returned to the generator.
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 33-24-03 - Standards for Generators › Section 33-24-03-07 - Use of the manifest

Current through Supplement No. 393, July, 2024
1. The generator
				must:
a. Sign the manifest certification by
				hand;
b. Obtain the handwritten
				signature of the initial transporter and date of acceptance on the manifest;
				and
c. Retain one copy, in
				accordance with subsection 1 of section
				33-24-03-13.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-03 - Standards for Generators › Section 33-24-03-08 - Packaging

Current through Supplement No. 393, July, 2024
Before transporting hazardous waste or offering hazardous
				  waste for transportation offsite, a generator must package the waste in
				  accordance with the applicable department of transportation regulations on
				  packaging under 49 CFR parts 173, 178, and 179.
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 33-24-03 - Standards for Generators › Section 33-24-03-09 - Labeling

Current through Supplement No. 393, July, 2024
Before transporting or offering hazardous waste for
				  transportation offsite, a generator must label each package in accordance with
				  the applicable department of transportation regulations on hazardous materials
				  under 49 CFR part 172.
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 33-24-03 - Standards for Generators › Section 33-24-03-10 - Marking

Current through Supplement No. 393, July, 2024
1. Before transporting or offering hazardous
				waste for transportation offsite, a generator must mark each package of
				hazardous waste in accordance with the applicable department of transportation
				regulations on hazardous materials under 49 CFR part 172.
2. Before transporting hazardous waste or
				offering hazardous waste for transportation offsite, a generator must mark each
				container of one hundred nineteen gallons or less used in such transportation
				with the following words and information in accordance with the requirements of
				49 CFR part 172.304:
HAZARDOUS WASTE - Federal Law prohibits improper disposal. If
				  found, contact the nearest police or public safety authority or the United
				  States Environmental Protection Agency.
Generator's Name and Address __________________________
				  .
Generator's Identification Number __________________________
				  .
Manifest Tracking Number ____________________________
				  .
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 33-24-03 - Standards for Generators › Section 33-24-03-11 - Placarding

Current through Supplement No. 393, July, 2024
Before transporting hazardous waste or offering hazardous
				  waste for transportation offsite, a generator must placard or offer the initial
				  transporter the appropriate placards according to department of transportation
				  regulations for hazardous materials under 49 CFR part 172, subpart F.
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 33-24-03 - Standards for Generators › Section 33-24-03-12 - Accumulation time

Current through Supplement No. 393, July, 2024
1. Except as
				provided in subsections 4, 5, and 6, a generator may accumulate hazardous waste
				onsite for ninety days or less without a permit or without having interim
				status provided that:
a. The waste is placed:
(1) In containers and the generator complies
				with the applicable requirements of sections
				33-24-05-89 through 33-24-05-102
				and sections
				33-24-05-400 through
				33-24-05-474;
(2) In tanks and the
				generator complies with the applicable requirements of sections
				33-24-05-103 through
				33-24-05-115 and sections
				33-24-05-400 through 33-24-05-474,
				except subsection 3 of section
				33-24-05-110 and section
				33-24-05-113;
(3) On drip pads and the generator complies
				with sections 33-24-05-501 through 33-24-05-524 and maintains the following
				records at the facility:
(a) A description of
				procedures that will be followed to ensure that all wastes are removed from the
				drip pad and associated collection system at least once every ninety days;
				and
(b) Documentation of each waste
				removal, including the quantity of waste removed from the drip pad and the sump
				or collection system and the date and time of removal; or
(4) In containment buildings and the
				generator complies with sections
				33-24-05-475 through 33-24-05-500
				and has placed its professional engineer certification that the building
				complies with the design standards specified in section
				33-24-05-476 in the facility's
				operating record no later than sixty days after the date of initial operation
				of the unit. After February 18, 1993, professional engineer certification will
				be required prior to operation of the unit. The owner or operator shall
				maintain the following records at the facility:
(a) A written description of procedures to
				ensure that each waste volume remains in the unit for no more than ninety days,
				a written description of the waste generation and management practices for the
				facility showing that they are consistent with respecting the ninety-day limit,
				and documentation that the procedures are complied with; or
(b) Documentation that the unit is emptied at
				least once every ninety days.
In addition, such a generator is exempt from all the
				  requirements in sections
				  33-24-05-59 through 33-24-05-88,
				  except for sections
				  33-24-05-60 and
				  33-24-05-63;
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-03 - Standards for Generators › Section 33-24-03-13 - Recordkeeping

Current through Supplement No. 393, July, 2024
1. A generator must keep a copy of each
				manifest signed in accordance with subsection 1 of section
				33-24-03-07 for three years or
				until the generator receives a signed copy from the designated facility which
				received the waste. This signed copy must be retained as a record for at least
				three years from the date the waste was accepted by the initial
				transporter.
2. A generator must
				keep a copy of each biennial report and exception report for a period of at
				least three years from the due date of the report.
3. A generator must keep records of any test
				results, waste analyses, or other determinations made in accordance with
				section 33-24-03-02 for at least three
				years from the date the waste was last sent to onsite or offsite treatment,
				storage, or disposal.
4. The
				periods for retention referred to in this section are 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 33-24-03 - Standards for Generators › Section 33-24-03-14 - Biennial reporting

Current through Supplement No. 393, July, 2024
1. A generator who
				ships any hazardous waste offsite to a treatment, storage, or disposal facility
				within the United States shall prepare and submit a single copy of a biennial
				report to the department by March first of each even-numbered year. The
				biennial report must be submitted on department-approved forms, must cover
				generator activities during the previous calendar year, and must include the
				following information:
a. The identification
				number, name, and address of the generator;
b. The calendar year covered by the
				report;
c. The identification
				number, name, and address for each offsite treatment, storage, or disposal
				facility in the United States to which waste was shipped during the
				year;
d. The name and
				identification number of each transporter used during the reporting year for
				shipments to a treatment, storage, or disposal facility within the United
				States;
e. A description, hazardous
				waste number (from chapter 33-24-02), department of transportation hazard
				class, and quantity of each hazardous waste shipped offsite for shipments to a
				treatment, storage, or disposal facility within the United States. This
				information must be listed by identification number of each such offsite
				facility to which waste was shipped;
f. A description of the efforts undertaken
				during the year to reduce the volume and toxicity of waste generated;
g. A description of the changes in volume and
				toxicity of waste actually achieved during the year in comparison to the
				previous year to the extent such information is available for years prior to
				1984; and
h. The certification
				signed by the generator or authorized representative.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-03 - Standards for Generators › Section 33-24-03-15 - Exception reporting

Current through Supplement No. 393, July, 2024
1. A generator of
				one thousand kilograms or greater of hazardous waste in a calendar month, or
				greater than one kilogram of acute hazardous waste listed in section
				33-24-02-16 or subsection 5 of
				section 33-24-02-18 in a calendar month,
				who does not receive a copy of the manifest with the handwritten signature of
				the owner or operator of the designated facility within thirty-five days of the
				date the waste was accepted by the initial transporter shall contact the
				transporter or the owner or operator, or both, of the designated facility to
				determine the status of the hazardous waste.
2. A generator of one thousand kilograms or
				greater of hazardous waste in a calendar month, or greater than one kilogram of
				acute hazardous waste listed in section
				33-24-02-16 or subsection 5 of
				section 33-24-02-18 in a calendar month,
				must submit an exception report to the department if the generator has not
				received a copy of the manifest with the handwritten signature of the owner or
				operator of the designated facility within forty-five days of the date the
				waste was accepted by the initial transporter. The exception report must be
				submitted to the department within sixty days of the date the waste was
				accepted by the initial transporter and must include:
a. A legible copy of the manifest for which
				the generator does not have confirmation of delivery; and
b. A cover letter signed by the generator or
				the generator's authorized representative explaining the efforts taken to
				locate the hazardous waste and the results of those efforts.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-03 - Standards for Generators › Section 33-24-03-16 - Additional reporting

Current through Supplement No. 393, July, 2024
1. A generator of
				greater than one thousand kilograms of hazardous waste in a calendar month who
				makes an offsite shipment of hazardous waste shall send to the department a
				legible copy of the signed manifest or shipping paper within twenty-one days of
				the date:
a. When first signed by the
				generator and transporter; and
b.
				As signed by and received from the designated facility or alternate facility.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-03 - Standards for Generators › Section 33-24-03-17 - Exports of hazardous waste

Current through Supplement No. 393, July, 2024
Sections
				  33-24-03-17 through 33-24-03-25
				  establish requirements applicable to exports of hazardous waste. Except to the
				  extent section 33-24-03-25 provides otherwise, a primary exporter of hazardous
				  waste must comply with the special requirements of sections
				  33-24-03-17 through 33-24-03-25
				  and a transporter transporting hazardous waste for export shall comply with
				  applicable requirements of 33-24-04. Section 33-24-03-25 sets forth the
				  requirements of international agreements between the United States and
				  receiving countries which establish different notice, export, and enforcement
				  procedures for the transportation, treatment, storage, and disposal of
				  hazardous waste for shipments between the United States and those countries
				  .
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 33-24-03 - Standards for Generators › Section 33-24-03-18 - Definitions

Current through Supplement No. 393, July, 2024
In addition to the definitions set forth in section
				  33-24-01-04, the following
				  definitions apply to sections
				  33-24-03-17 through 33-24-03-25:
1. "Consignee" means the ultimate treatment, storage, or
				  disposal facility in a receiving country to which the hazardous waste will be
				  sent.
2. "Environmental protection agency acknowledgment of
				  consent" means the cable sent to the environmental protection agency from the
				  United States embassy in a receiving country that acknowledges the written
				  consent of the receiving country to accept the hazardous waste and describes
				  the terms and conditions of the receiving country's consent to the shipment.
3. "Primary exporter" means any person who is required to
				  originate the manifest for a shipment of a hazardous waste in accordance with
				  33-24-03, which specifies a treatment, storage, or disposal facility in a
				  receiving country as the facility to which the hazardous waste will be sent and
				  any intermediary arranging for the export.
4. "Receiving country" means a foreign country to which a
				  hazardous waste is sent for the purpose of treatment, storage, or disposal
				  (except short-term storage incidental to transportation).
5. "Transit country" means any foreign country, other than a
				  receiving country, through which a hazardous waste is transported.
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 33-24-03 - Standards for Generators › Section 33-24-03-19 - General requirements

Current through Supplement No. 393, July, 2024
Exports of hazardous wastes are prohibited except in
				  compliance with the applicable requirements of sections
				  33-24-03-17 through 33-24-03-25
				  and 33-24-04. Exports of hazardous waste are prohibited unless:
1. Notification in accordance with section
				33-24-03-20 has been provided;
2. The receiving country has
				consented to accept the hazardous waste;
3. A copy of the environmental protection
				agency acknowledgment of consent to the shipment accompanies the hazardous
				waste shipment and, unless exported by rail, is attached to the manifest (or
				shipping paper for exports by water (bulk shipment)); and
4. The hazardous waste shipment conforms to
				the terms of the receiving country's written consent as reflected in the
				environmental protection agency acknowledgment of consent.
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 33-24-03 - Standards for Generators › Section 33-24-03-20 - Notification of intent to export

Current through Supplement No. 393, July, 2024
1. A
				primary exporter of hazardous waste shall notify the department and the
				environmental protection agency of an intended export before such waste is
				scheduled to leave the United States. A complete notification should be
				submitted sixty days before the initial shipment is intended to be shipped
				offsite. This notification may cover export activities extending over a
				twelve-month or lesser period. The notification must be in writing, signed by
				the primary exporter, and include the following information:
a. Name, mailing address, telephone number,
				and identification number of the primary exporter; and
b. By consignee, for each hazardous waste
				type:
(1) A description of the hazardous waste
				and hazardous waste number (from chapter 33-24-02), United States department of
				transportation proper shipping name, hazard class, and identification number
				(UN/NA) for each hazardous waste as identified in 49 CFR part
				171-177;
(2) The estimated
				frequency or rate at which such waste is to be exported and the period of time
				over which such waste is to be exported;
(3) The estimated total quantity of the
				hazardous waste in units as specified in the instructions to the uniform
				hazardous waste manifest form (8700-22);
(4) All points of entry to and departure from
				each foreign country through which the hazardous waste will pass;
(5) A description of the means by which each
				shipment of the hazardous waste will be transported (for example, mode of
				transportation vehicle (air, highway, rail, water, etc.)), types of container
				(drums, boxes, tanks, etc.);
(6) A
				description of the manner in which the hazardous waste will be treated, stored,
				or disposed of in the receiving country (for example, land or ocean
				incineration, other land disposal, ocean dumping, recycling);
(7) The name and site address of the
				consignee and any alternate consignee; and
(8) The name of any transit countries through
				which the hazardous waste will be sent and a description of the approximate
				length of time the hazardous waste will remain in such country and the nature
				of its handling while there.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-03 - Standards for Generators › Section 33-24-03-21 - Special manifest requirements

Current through Supplement No. 393, July, 2024
A primary exporter shall comply with the manifest
				  requirements of sections
				  33-24-03-04 through
				  33-24-03-07 except that:
1. In lieu of the name, site address, and
				identification number of the designated permitted facility, the primary
				exporter shall enter the name and site address of the consignee;
2. In lieu of the name, site address, and
				identification number of a permitted alternate facility, the primary exporter
				may enter the name and site address of any alternate consignee;
3. In the International Shipments block, the
				primary exporter must check the export box and enter the point of exit (city
				and state) from the United States;
4. The following statement must be added to
				the end of the first sentence of the certification set forth in item 16 of the
				uniform hazardous waste manifest form: "and conforms to the terms of the
				attached environmental protection agency acknowledgment of consent";
5. The primary exporter may obtain the
				manifest from any source that is registered with the United States
				environmental protection agency as a supplier of manifests (for example,
				states, waste handlers, or commercial forms printers);
6. The primary exporter shall require the
				consignee to confirm in writing the delivery of the hazardous waste to that
				facility and to describe any significant discrepancies (as defined in
				subsection 1 of section
				33-24-05-39) between the manifest
				and the shipment. A copy of the manifest signed by such facility may be used to
				confirm delivery of the hazardous waste;
7. In lieu of the requirements of subsection
				4 of section
				33-24-03-04, where a shipment
				cannot be delivered for any reason to the designated or alternate consignee,
				the primary exporter shall:
a. Renotify the
				state and the environmental protection agency of a change in the conditions of
				the original notification to allow shipment to a new consignee in accordance
				with subsection 3 of section
				33-24-03-20 and obtain an
				environmental protection agency acknowledgment of consent prior to delivery; or
b. Instruct the transporter to
				return the waste to the primary exporter in the United States or designate
				another facility within the United States; and
c. Instruct the transporter to revise the
				manifest in accordance with the primary exporter's instructions.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-03 - Standards for Generators › Section 33-24-03-22 - Exception reports for exporters

Current through Supplement No. 393, July, 2024
In lieu of the requirements of section
				  33-24-03-15, a primary exporter
				  shall file an exception report with the Office of Enforcement and Compliance
				  Assurance, Office of Federal Activities, International Compliance Assurance
				  Division (2254A), Environmental Protection Agency, 1200 Pennsylvania Avenue NW,
				  Washington, D.C. 20460 and the department if any of the following
				  occurs:
1. The primary exporter has
				not received a copy of the manifest signed by the transporter stating the date
				and place of departure from the United States within forty-five days from the
				date it was accepted by the initial transporter; or
2. Within ninety days from the date the waste
				was accepted by the initial transporter, the primary exporter has not received
				written confirmation from the consignee that the hazardous waste was received;
				or
3. The waste is returned to the
				United States.
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 33-24-03 - Standards for Generators › Section 33-24-03-23 - Annual reports for exporters

Current through Supplement No. 393, July, 2024
1.
				Primary exporters of hazardous waste shall file with the environmental
				protection agency administrator and the department no later than March first of
				each year, a report summarizing the types, quantities, frequency, and ultimate
				destination of all hazardous waste exported during the previous calendar year.
				Such reports must include the following:
a.
				The identification number, name, mailing, and site address of the
				exporter;
b. The calendar year
				covered by the report;
c. The name
				and site address of each consignee;
d. By consignee, for each hazardous waste
				exported, a description of the hazardous waste, the hazardous waste number
				(from chapter 33-24-02), department of transportation hazard class, the name
				and identification number (where applicable) for each transporter used, the
				total amount of waste shipped, and number of shipments pursuant to each
				notification;
e. Except for
				hazardous waste produced by exporters of greater than one hundred kilograms but
				less than one thousand kilograms in a calendar month, unless provided pursuant
				to section
				33-24-03-14, in even-numbered
				years:
(1) A description of the efforts
				undertaken during the year to reduce the volume and toxicity of waste
				generated; and
(2) 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
				years prior to 1984.
f.
				A certification signed by the primary exporter which states: I certify under
				penalty of law that I have personally examined and am familiar with the
				information submitted in this and all attached documents, and that based on my
				inquiry of those individuals immediately responsible for obtaining the
				information, I believe that the submitted information is true, accurate, and
				complete. I am aware that there are significant penalties for submitting false
				information including the possibility of fine and imprisonment.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-03 - Standards for Generators › Section 33-24-03-24 - Recordkeeping

Current through Supplement No. 393, July, 2024
1. For all exports a primary exporter shall:
a. Keep a copy of each notification of intent
				to export for a period of at least three years from the date the hazardous
				waste was accepted by the initial transporter;
b. Keep a copy of each environmental
				protection agency acknowledgment of consent for a period of at least three
				years from the date the hazardous waste was accepted by the initial
				transporter;
c. Keep a copy of each
				confirmation of delivery of the hazardous waste from the consignee for at least
				three years from the date the hazardous waste was accepted by the initial
				transporter; and
d. Keep a copy of
				each annual report for a period of at least three years from the due date of
				the report.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-03 - Standards for Generators › Section 33-24-03-25 - International agreements

Current through Supplement No. 393, July, 2024
1. Any person who
				exports or imports wastes that are considered hazardous under United States
				national procedures to or from designated member countries of the Organization
				for Economic Cooperation and Development as defined in subdivision a for
				purposes of recovery is subject to sections 33-24-03-50 through 33-24-03-59.
				The requirements of sections
				33-24-03-17 through 33-24-03-25
				and section
				33-24-03-30 do not apply to such
				exports and imports. A waste is considered hazardous under United States
				national procedures if the waste meets the federal definition of hazardous
				waste in 40 CFR
				261.3 and is subject to manifesting
				requirements at sections
				33-24-03-04 through
				33-24-03-07, the universal waste
				management standards of sections 33-24-05-700 through 33-24-05-799 or the
				export requirements in the spent lead-acid battery management standards of
				sections 33-24-05-235 through 33-24-05-249.
a. For the purposes of sections 33-24-03-50
				through 33-24-03-59, the designated Organization for Economic Cooperation and
				Development member countries consist of Australia, Austria, Belgium, the Czech
				Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland,
				Ireland, Israel, Italy, Japan, Luxembourg, the Netherlands, New Zealand,
				Norway, Poland, Portugal, the Republic of Korea, the Slovak Republic, Slovenia,
				Spain, Sweden, Switzerland, Turkey, the United Kingdom, and the United
				States.
b. For the purposes of
				sections 33-24-03-50 through 33-24-03-59, Canada and Mexico are considered
				Organization for Economic Cooperation and Development member countries only for
				the purposes of transit.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-03 - Standards for Generators › Section 33-24-03-30 - Imports of hazardous waste

Current through Supplement No. 393, July, 2024
1. Any
				person who imports hazardous waste from a foreign country into the United
				States shall comply with the requirements of this chapter and the special
				requirements of this section.
2.
				When importing a hazardous waste, a person shall meet all the requirements of
				section 33-24-03-04 for the manifest
				except that:
a. In place of the generator's
				name, address, and identification number, the name and address of the foreign
				generator and the importer's name, address, and identification number must be
				used.
b. In place of the
				generator's signature on the certification statement, the United States
				importer or his agent shall sign and date the certification and obtain the
				signature of the initial transporter.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-03 - Standards for Generators › Section 33-24-03-40 - Farmers

Current through Supplement No. 393, July, 2024
A farmer disposing of waste pesticides from the farmer's own
				  use which are hazardous wastes is not required to comply with the standards in
				  this chapter or chapters 33-24-05 and 33-24-06 for those wastes provided the
				  farmer triple rinses each emptied pesticide container in accordance with
				  subdivision a, b, or c of subsection 5 of section
				  33-24-02-07 and disposes of the
				  pesticide residues on the farmer's own farm in a manner consistent with the
				  disposal instructions on the pesticide label.
General Authority:
NDCC
					 23-20.3-03
Law Implemented:
NDCC
					 23-20.3-03,
					 23-20.3-04