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 › LAND DISPOSAL RESTRICTIONS › Section 33.1-24-05-250 - Purpose, scope, and applicability to land disposal restrictions

Current through Supplement No. 393, July, 2024
1. Sections 33.1-24-05-250 through
				  33.1-24-05-299 identify
				  hazardous wastes that are restricted from land disposal and defines those
				  limited circumstances under which an otherwise prohibited waste may continue to
				  be land disposed.
2. Except as
				  specifically provided otherwise in sections 33.1-24-05-250 through
				  33.1-24-05-299 or
				  33.1-24-02, the requirements
				  of sections 33.1-24-05-250 through
				  33.1-24-05-299 apply to
				  persons who generate or transport hazardous waste and owners and operators of
				  hazardous waste treatment, storage, and disposal facilities.
3. Restricted wastes may continue to be land
				  disposed as follows:
a. Where persons have
				  been granted an extension from the effective date of a prohibition under
				  sections
				  33.1-24-05-266
				  through
				  33.1-24-05-279
				  or pursuant to section
				  33.1-24-05-254,
				  with respect to those wastes covered by the extension;
b. Where persons have been granted an
				  exemption from a prohibition pursuant to a petition under section
				  33.1-24-05-255,
				  with respect to those wastes and units covered by the petition;
c. Wastes that are hazardous only because
				  they exhibit a hazardous characteristic, and which are otherwise prohibited
				  under sections 33.1-24-05-250 through
				  33.1-24-05-299, or 40
				  CFR part 148, are not prohibited if the wastes:
(1) Are disposed into a nonhazardous or
				  hazardous injection well as defined in
				  40 CFR
				  144.6(a); and
(2) Do not exhibit any prohibited
				  characteristic of hazardous waste identified in sections
				  33.1-24-02-10
				  through
				  33.1-24-02-14
				  at the point of injection; or
d. Wastes that are hazardous only because
				  they exhibit a hazardous characteristic, and which are otherwise prohibited
				  under sections 33.1-24-05-250 through
				  33.1-24-05-299, are not
				  prohibited if the wastes meet any of the following criteria, unless the wastes
				  are subject to a specified method of treatment other than deactivation to
				  remove the hazardous characteristic in section
				  33.1-24-05-280,
				  or are D003 reactive cyanide:
(1) The wastes
				  are managed in a treatment system which subsequently discharges to waters of
				  the United States pursuant to a permit issued under section 402 of the Clean
				  Water Act;
(2) The wastes are
				  treated for purposes of the pretreatment requirements of section 307 of the
				  Clean Water Act; or
(3) The wastes
				  are managed in a zero discharge system engaged in Clean Water Act-equivalent
				  treatment as defined in subsection 1 of section
				  33.1-24-05-277;
				  and
(4) The wastes no longer
				  exhibit a prohibited characteristic at the point of land disposal (for example,
				  placement in a surface impoundment).