North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › LAND DISPOSAL RESTRICTIONS › Section 33-24-05-258 - Special rules regarding wastes that exhibit a characteristic

Current through Supplement No. 393, July, 2024
1. The initial generator of a solid waste
				  must determine each hazardous waste number (waste code) applicable to the waste
				  in order to determine the applicable treatment standards under sections
				  33-24-05-280 through
				  33-24-05-289. This determination
				  may be made concurrently with the hazardous waste determination required in
				  section 33-24-03-02. For purposes of
				  sections 33-24-05-250 through 33-24-05-299,
				  the waste will carry the waste code for any applicable listed waste (sections
				  33-24-02-15 through
				  33-24-02-19). In addition, where
				  the waste exhibits a characteristic, the waste will carry one or more of the
				  characteristic waste codes (sections
				  33-24-02-10 through
				  33-24-02-14), except when the
				  treatment standard for the listed waste operates in lieu of the treatment
				  standard for the characteristic waste, as specified in subsection 2. If the
				  generator determines that the generator's waste displays a hazardous
				  characteristic (and is not D001 nonwastewaters treated by CMBST, RORGS, or
				  POLYM of section
				  33-24-05-282, table 1), the
				  generator must determine the underlying hazardous constituents (as defined at
				  subsection 10 of section
				  33-24-05-251) in the
				  characteristic waste.
2. Where a
				  prohibited waste is both listed under sections
				  33-24-02-15 through
				  33-24-02-19 and exhibits a
				  characteristic under sections
				  33-24-02-10 through
				  33-24-02-14, the treatment
				  standard for the waste code listed in sections
				  33-24-02-15 through
				  33-24-02-19 will operate in lieu
				  of the standard for the waste code under sections
				  33-24-02-10 through
				  33-24-02-14 provided that the
				  treatment standard for the listed waste includes a treatment standard for the
				  constituent that causes the waste to exhibit the characteristic. Otherwise, the
				  waste must meet the treatment standards for all applicable listed and
				  characteristic waste codes.
3. In
				  addition to any applicable standards determined from the initial point of
				  generation, no prohibited waste which exhibits a characteristic under sections
				  33-24-02-10 through
				  33-24-02-14 may be land disposed
				  unless the waste complies with the treatment standards under sections
				  33-24-05-280 through
				  33-24-05-289.
4. Wastes that exhibit a characteristic are
				  also subject to section
				  33-24-05-256 requirements, except
				  that once the waste is no longer hazardous, a one-time notification and
				  certification must be placed in the generator's or treater's onsite files . The
				  notification and certification must be updated if the process or operation
				  generating the waste changes or if the permitted nonhazardous facility
				  receiving the waste changes, or both change.
a. The notification must include the
				  following information:
(1) The name and
				  address of the permitted nonhazardous facility receiving the waste shipment;
				  and
(2) A description of the waste
				  as initially generated, including the applicable codes, treatability groups,
				  and underlying hazardous constituents (as defined in subsection 10 of section
				  33-24-05-251), unless the waste
				  will be treated and monitored for all underlying hazardous constituents. If all
				  underlying hazardous constituents will be treated and monitored, there is no
				  requirement to list any of the underlying hazardous constituents on the
				  notice.