reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-03 - Standards for Generators › Section 33-24-03-50 - Transboundary movements of hazardous waste for recovery within the Organization for Economic Cooperation and Development

Current through Supplement No. 393, July, 2024
Sections 33-24-03-50 through 33-24-03-59 establish
				  requirements applicable to transboundary movements of hazardous waste for
				  recovery within the Organization for Economic Cooperation and
				  Development.
1. The requirements of
				sections 33-24-03-50 through 33-24-03-59 apply to imports and exports of wastes
				that are considered hazardous under United States national procedures and are
				destined for recovery operations in the countries listed in subdivision a of
				subsection 1 of section 33-24-03-25. A waste is considered hazardous under
				United States national procedures if the waste:
a. Meets the federal definition of a
				hazardous waste in 40 CFR
				261.3; and
b. Is subject to the 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.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-03 - Standards for Generators › Section 33-24-03-52 - General conditions

Current through Supplement No. 393, July, 2024
1. The level of
				control for exports and imports of waste is indicated by assignment of the
				waste to either a list of wastes subject to the Green control procedures or a
				list of wastes subject to the Amber control procedures and by the national
				procedures of the United States, as defined in subsection 1 of section
				33-24-03-50. The Organization for Economic Cooperation and Development Green
				and Amber lists are incorporated by reference in subsection 4 of section
				33-24-03-59.
a. Listed wastes subject to the
				Green control procedures.
(1) Green wastes
				that are not considered hazardous under United States national procedures as
				defined in subsection 1 of section 33-24-03-50 are subject to existing controls
				normally applied to commercial transactions.
(2) Green wastes that are considered
				hazardous under United States national procedures as defined in subsection 1 of
				section 33-24-03-50 are subject to the Amber control procedures set forth in
				sections 33-24-03-50 through 33-24-03-59.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-03 - Standards for Generators › Section 33-24-03-54 - Movement document

Current through Supplement No. 393, July, 2024
1. All United
				States parties subject to the contract provisions of section 33-24-03-55 must
				ensure that a movement document meeting the conditions of subsection 2 of this
				section accompanies each transboundary movement of wastes subject to the Amber
				control procedures from the initiation of the shipment until it reaches the
				final recovery facility, including cases in which the waste is stored or
				sorted, or both, by the importer prior to shipment to the final recovery
				facility, except as provided in subdivisions a and b of subsection 1.
a. For shipments of hazardous waste within
				the United States solely by water (bulk shipments only), the generator must
				forward the movement document with the manifest to the last water (bulk
				shipment) transporter to handle the waste in the United States if exported by
				water (in accordance with the manifest routing procedures at subsection 3 of
				section 33-24-03-07).
b. For rail shipments of hazardous waste
				within the United States which originate at the site of generation, the
				generator must forward the movement document with the manifest (in accordance
				with the routing procedures for the manifest in subsection 4 of section
				33-24-03-07) to the next nonrail
				transporter, if any, or the last rail transporter to handle the waste in the
				United States if exported by rail.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-03 - Standards for Generators › Section 33-24-03-55 - Contracts

Current through Supplement No. 393, July, 2024
1. Transboundary movements of hazardous
				wastes subject to the Amber control procedures are prohibited unless they occur
				under the terms of a valid written contract, chain of contracts, or equivalent
				arrangements (when the movement occurs between parties controlled by the same
				corporate or legal entity). Such contracts or equivalent arrangements must be
				executed by the exporter and the owner or operator, or both, of the recovery
				facility, and must specify responsibilities for each. Contracts or equivalent
				arrangements are valid for the purposes of this section only if persons
				assuming obligations under the contracts or equivalent arrangements have
				appropriate legal status to conduct the operations specified in the contract or
				equivalent arrangements.
2.
				Contracts or equivalent arrangements must specify the name and identification
				number, where available, of subdivisions a through d of this subsection:
a. The generator of each type of
				waste;
b. Each person who will have
				physical custody of the wastes;
c.
				Each person who will have legal control of the wastes; and
d. The recovery 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 33-24-03-56 - Provisions relating to recognized traders

Current through Supplement No. 393, July, 2024
1. A recognized trader who takes physical
				custody of a waste and conducts recovery operations (including storage prior to
				recovery) is acting as the owner or operator of a recovery facility and must be
				so authorized in accordance with all applicable federal laws and state
				rules.
2. A recognized trader
				acting as an exporter or importer for transboundary shipments of waste must
				comply with all the requirements of sections 33-24-03-50 through 33-24-03-59
				associated with being an exporter or importer.
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 33-24-03-59 - Organization for Economic Cooperation and Development waste lists

Current through Supplement No. 393, July, 2024
1. For the purposes of sections 33-24-03-50
				through 33-24-03-59, a waste is considered hazardous under United States
				national procedures, and subject to sections 33-24-03-50 through 33-24-03-59,
				if the waste:
a. Meets the federal definition
				of hazardous waste in 40 CFR
				261.3; and
b. Is subject to either the 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.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-03 - Standards for Generators › Section 33-24-03-60 - Alternative requirements for hazardous waste determination and accumulation of unwanted material for laboratories owned by eligible academic entities

Current through Supplement No. 393, July, 2024
Sections 33-24-03-60 through 33-24-03-77 apply to
				  laboratories owned by eligible academic entities that generate hazardous waste
				  and choose to comply with these alternative requirements.
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 33-24-03-62 - Applicability of sections 33-24-03-60 through 33-24-03-77

Current through Supplement No. 393, July, 2024
1. Large quantity generators and small
				quantity generators. Sections 33-24-03-60 through 33-24-03-77 provide
				alternative requirements to the requirements in section
				33-24-03-02 and subsection 3 of
				section 33-24-03-12 for the hazardous
				waste determination and accumulation of hazardous waste in laboratories owned
				by eligible academic entities that choose to be subject to sections 33-24-03-60
				through 33-24-03-77, provided that the eligible academic entity completes the
				notification requirements of section 33-24-03-64.
2. Conditionally exempt small quantity
				generators. Sections 33-24-03-60 through 33-24-03-77 provide alternative
				requirements to the conditional exemption in subsection 2 of section
				33-24-02-05 for the accumulation
				of hazardous waste in laboratories owned by eligible academic entities that
				choose to be subject to sections 33-24-03-60 through 33-24-03-77, provided that
				the eligible academic entity completes the notification requirements of section
				33-24-03-64.
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 33-24-03-63 - Complying with sections 33-24-03-60 through 33-24-03-77 is optional for eligible academic entities

Current through Supplement No. 393, July, 2024
1. Large quantity
				generators and small quantity generators. Eligible academic entities have the
				option of complying with sections 33-24-03-60 through 33-24-03-77 with respect
				to the eligible academic entity's laboratories, as an alternative to complying
				with the requirements of section
				33-24-03-02 and subsection 3 of
				section 33-24-03-12.
2. Conditionally exempt small quantity
				generators. Eligible academic entities have the option of complying with
				sections 33-24-03-60 through 33-24-03-77 with respect to the eligible academic
				entity's laboratories, as an alternative to complying with the conditional
				exemption of subsection 2 of section
				33-24-02-05.
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 33-24-03-64 - Notification by an eligible academic entity electing to comply with sections 33-24-03-60 through 33-24-03-77

Current through Supplement No. 393, July, 2024
1. An
				eligible academic entity must notify the department, in writing, using the
				identification form that the eligible academic entity is electing to be subject
				to the requirements of sections 33-24-03-60 through 33-24-03-77 for all the
				laboratories owned by the eligible academic entity under the same
				identification number. An eligible academic entity that is a conditionally
				exempt small quantity generator and does not have an identification number must
				notify that the eligible academic entity is electing to be subject to the
				requirements of sections 33-24-03-60 through 33-24-03-77 for all the
				laboratories owned by the eligible academic entity that are onsite, as defined
				by section
				33-24-01-04. An eligible academic
				entity must submit a separate notification for each identification number (or
				site, for conditionally exempt small quantity generators) that is electing to
				be subject to the requirements of sections 33-24-03-60 through 33-24-03-77, and
				must submit the identification form before the eligible academic entity begins
				operating under sections 33-24-03-60 through 33-24-03-77.
2. When submitted the identification form,
				the eligible academic entity must, at a minimum, fill out the following fields
				on the form:
a. Reason for
				submittal.
b. Identification number
				(except for conditionally exempt small quantity generators).
c. Site name.
d. Site location information.
e. Site land type.
f. North American industry classification
				system (NAICS) codes for the site.
g. Site mailing address.
h. Site contact person.
i. Operator and legal owner of the
				site.
j. Type of regulated waste
				activity.
k.
				Certification.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-03 - Standards for Generators › Section 33-24-03-65 - Notification by an eligible academic entity electing to withdraw from complying with sections 33-24-03-60 through 33-24-03-77

Current through Supplement No. 393, July, 2024
1. An eligible academic entity must notify
				the department, in writing, using the identification form, that it is electing
				to no longer be subject to the requirements of sections 33-24-03-60 through
				33-24-03-77 for all the laboratories owned by the eligible academic entity
				under the same identification number and that the eligible academic entity will
				comply with the requirements of section
				33-24-03-02 and subsection 3 of
				section 33-24-03-12 for small quantity
				generators and large quantity generators. An eligible academic entity that is a
				conditionally exempt small quantity generator and does not have an
				identification number must notify that the eligible academic entity is
				withdrawing from the requirements of sections 33-24-03-60 through 33-24-03-77
				for all the laboratories owned by the eligible academic entity that are onsite
				and that the eligible academic entity will comply with the conditional
				exemption in subsection 2 of section
				33-24-02-05. An eligible academic
				entity must submit a separate notification (identification form) for each
				identification number (or site, for conditionally exempt small quantity
				generators) that is withdrawing from the requirements of sections 33-24-03-60
				through 33-24-03-77 and must submit the identification form before the eligible
				academic entity begins operating under the requirements of section
				33-24-03-02 and subsection 3 of
				section 33-24-03-12 for small quantity
				generators and large quantity generators, or subsection 2 of section
				33-24-02-05 for conditionally
				exempt small quantity generators.
2. When submitting the identification form,
				the eligible academic entity must, at a minimum, fill out the following fields
				on the form:
a. Reason for
				submittal.
b. Identification number
				(except for conditionally exempt small quantity generators).
c. Site name.
d. Site location information.
e. Site land type.
f. North American industry classification
				system (NAICS) codes for the site.
g. Site mailing address.
h. Site contact person.
i. Operator and legal owner of the
				site.
j. Type of regulated waste
				activity.
k.
				Certification.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-03 - Standards for Generators › Section 33-24-03-66 - Requirements of sections 33-24-03-60 through 33-24-03-77

Current through Supplement No. 393, July, 2024
An eligible academic entity that chooses to be subject to
				  sections 33-24-03-60 through 33-24-03-77 is not required to have interim status
				  or a hazardous waste permit for the accumulation of unwanted material and
				  hazardous waste in an eligible academic entity's laboratories, provided the
				  laboratories comply with the provisions of sections 33-24-03-60 through
				  33-24-03-77, and the eligible academic entity has a laboratory management plan
				  in accordance with section 33-24-03-75 that describes how the laboratories
				  owned by the eligible academic entity will comply with the requirements of
				  sections 33-24-03-60 through 33-24-03-77.
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 33-24-03-67 - Labeling and management standards for containers of unwanted material in laboratories

Current through Supplement No. 393, July, 2024
An eligible academic entity must manage containers of
				  unwanted material while in the laboratory in accordance with the requirements
				  in this section.
1. Label unwanted
				material as follows:
a. The following
				information must be affixed or attached to the container:
(1) The words "unwanted material" or another
				equally effective term that is to be used consistently by the eligible academic
				entity and that is identified in part 1 of the laboratory management plan;
				and
(2) Sufficient information to
				alert emergency responders to the contents of the container. Examples of
				information that would be sufficient to alert emergency responders to the
				contents of the container include, but are not limited to:
(a) The name of the chemicals; and
(b) The type or class of chemical, such as
				organic solvents or halogenated organic solvents.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-03 - Standards for Generators › Section 33-24-03-68 - Training

Current through Supplement No. 393, July, 2024
An eligible academic entity must provide training to all
				  individuals working in a laboratory at the eligible academic entity, as
				  follows:
1. Training for laboratory
				workers and students must be commensurate with their duties so they understand
				the requirements in sections 33-24-03-60 through 33-24-03-77 and can implement
				them.
2. An eligible academic
				entity can provide training for laboratory workers and students in a variety of
				ways, including, but not limited to:
a.
				Instruction by the professor or laboratory manager before or during an
				experiment;
b. Formal classroom
				training;
c. Electronic or written
				training, or both;
d. On-the-job
				training; or
e. Written or oral
				exams.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-03 - Standards for Generators › Section 33-24-03-69 - Removing containers of unwanted material from the laboratory

Current through Supplement No. 393, July, 2024
1. Removing containers of unwanted material
				on a regular schedule. An eligible academic entity must either:
a. Remove all containers of unwanted material
				from each laboratory on a regular interval, not to exceed six months;
				or
b. Remove containers of unwanted
				material from each laboratory within six months of each container's
				accumulation start date.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-03 - Standards for Generators › Section 33-24-03-70 - Where and when to make the hazardous waste determination and where to send containers of unwanted material upon removal from the laboratory

Current through Supplement No. 393, July, 2024
1. Large quantity generators and small
				quantity generators. An eligible academic entity must ensure that a trained
				professional makes a hazardous waste determination, pursuant to section
				33-24-03-02, for unwanted material
				in any of the following areas:
a. In the
				laboratory before the unwanted material is removed from the laboratory, in
				accordance with section 33-24-03-71.
b. Within four calendar days of arriving at
				an onsite central accumulation area, in accordance with section
				33-24-03-72.
c. Within four
				calendar days of arriving at an onsite interim status or permitted treatment,
				storage, or disposal facility, in accordance with section
				33-24-03-73.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-03 - Standards for Generators › Section 33-24-03-71 - Hazardous waste determination in the laboratory before the unwanted material is removed

Current through Supplement No. 393, July, 2024
If an eligible academic entity makes the hazardous waste
				  determination, pursuant to section
				  33-24-03-02, for unwanted material
				  in the laboratory, the eligible academic entity must comply with the
				  following:
1. A trained professional
				must make the hazardous waste determination, pursuant to section
				33-24-03-02, before the unwanted
				material is removed from the laboratory.
2. If an unwanted material is a hazardous
				waste, the eligible academic entity must:
a.
				Write the words "hazardous waste" on the container label that is affixed or
				attached to the container, before the hazardous waste may be removed from the
				laboratory;
b. Write the
				appropriate hazardous waste codes on the label that is associated with the
				container (or the label that is affixed or attached to the container) before
				the hazardous waste is transported offsite; and
c. Count the hazardous waste toward the
				eligible academic entity's generator status, pursuant to subsections 3 and 4 of
				section 33-24-02-05, in the calendar month
				that the hazardous waste determination was made.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-03 - Standards for Generators › Section 33-24-03-72 - Hazardous waste determination at an onsite central accumulation area

Current through Supplement No. 393, July, 2024
If an eligible academic entity makes the hazardous waste
				  determination, pursuant to section
				  33-24-03-02, for unwanted material
				  at an onsite central accumulation area, the eligible academic entity must
				  comply with the following:
1. A
				trained professional must accompany all unwanted material that is transferred
				from the laboratory, or laboratories, to an onsite central accumulation
				area.
2. All unwanted material
				removed from the laboratory, or laboratories, must be taken directly from the
				laboratory, or laboratories, to the onsite central accumulation area.
3. The unwanted material becomes subject to
				the generator accumulation requirements of subsection 1 of section
				33-24-03-12 for large quantity
				generators or subsections 4 through 6 of section
				33-24-03-12 for small quantity
				generators as soon as the unwanted material arrives in the central accumulation
				area, except for the "hazardous waste" labeling requirements of subdivision c
				of subsection 1 of section
				33-24-03-12.
4. A trained professional must determine,
				pursuant to section
				33-24-03-02, if the unwanted
				material is a hazardous waste within four calendar days of the unwanted
				material's arrival at the onsite central accumulation area.
5. If the unwanted material is a hazardous
				waste, the eligible academic entity must:
a.
				Write the words "hazardous waste" on the container label that is affixed or
				attached to the container, within four calendar days of arriving at the onsite
				central accumulation area and before the hazardous waste may be removed from
				the onsite central accumulation area; and
b. Write the appropriate hazardous waste
				codes on the container label that is associated with the container (or on the
				label that is affixed or attached to the container) before the hazardous waste
				may be treated, or disposed of onsite or transported offsite; and
c. Count the hazardous waste toward the
				eligible academic entity's generator status, pursuant to subsections 3 and 4 of
				section 33-24-02-05 in the calendar month
				that the hazardous waste determination was made; and
d. Manage the hazardous waste according to
				all applicable provisions of 33-24, North Dakota hazardous waste management
				rules.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-03 - Standards for Generators › Section 33-24-03-73 - Hazardous waste determination at an onsite interim status or permitted treatment, storage, or disposal facility

Current through Supplement No. 393, July, 2024
If an eligible academic entity makes the hazardous waste
				  determination, pursuant to section
				  33-24-03-02, for unwanted material
				  at an onsite interim status or permitted treatment, storage, or disposal
				  facility, the eligible academic entity must comply with the following:
1. A trained professional must accompany all
				unwanted material that is transferred from the laboratory, or laboratories, to
				an onsite interim status or permitted treatment, storage, or disposal
				facility.
2. All unwanted material
				removed from the laboratory, or laboratories, must be taken directly from the
				laboratory, or laboratories, to the onsite interim status or permitted
				treatment, storage, or disposal facility.
3. The unwanted material becomes subject to
				the terms of the eligible academic entity's hazardous waste permit or interim
				status as soon as it arrives in the onsite treatment, storage, or disposal
				facility.
4. A trained professional
				must determine, pursuant to section
				33-24-03-02, if the unwanted
				material is a hazardous waste within four calendar days of the unwanted
				material's arrival at the onsite interim status or permitted treatment,
				storage, or disposal facility.
5.
				If the unwanted material is a hazardous waste, the eligible academic entity
				must:
a. Write the words "hazardous waste" on
				the container label that is affixed or attached to the container within four
				calendar days of arriving at the onsite interim status or permitted treatment,
				storage, or disposal facility and before the hazardous waste may be removed
				from the onsite interim status or permitted treatment, storage, or disposal
				facility; and
b. Write the
				appropriate hazardous waste codes on the container label that is associated
				with the container (or on the label that is affixed or attached to the
				container) before the hazardous waste may be treated or disposed onsite, or
				transported offsite; and
c. Count
				the hazardous waste toward the eligible academic entity's generator status,
				pursuant to subsections 3 and 4 of section
				33-24-02-05 in the calendar month
				that the hazardous waste determination was made; and
d. Manage the hazardous waste according to
				all applicable provisions of 33-24, North Dakota hazardous waste management
				rules.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-03 - Standards for Generators › Section 33-24-03-74 - Laboratory clean-outs

Current through Supplement No. 393, July, 2024
1. One time per
				twelve-month period for each laboratory, an eligible academic entity may choose
				to conduct a laboratory clean-out that is subject to all the applicable
				requirements of sections 33-24-03-60 through 33-24-03-77, except that:
a. If the volume of unwanted material in the
				laboratory exceeds fifty-five gallons (or one quart of reactive acutely
				hazardous unwanted material), the eligible academic entity is not required to
				remove all unwanted materials from the laboratory within ten calendar days of
				exceeding fifty-five gallons (or one quart of reactive acutely hazardous
				unwanted material), as required by section 33-24-03-69. Instead, the eligible
				academic entity must remove all unwanted materials from the laboratory within
				thirty calendar days from the start of the laboratory clean-out; and
b. For the purposes of onsite accumulation,
				an eligible academic entity is not required to count a hazardous waste that is
				an unused commercial chemical product (listed in sections
				33-24-02-15 through
				33-24-02-19, or exhibiting one or
				more characteristics in sections
				33-24-02-10 through
				33-24-02-14) generated solely
				during the laboratory clean-out toward its hazardous waste generator status,
				pursuant to subsections 3 and 4 of section
				33-24-02-05. An unwanted material
				that is generated prior to the beginning of the laboratory clean-out and is
				still in the laboratory at the time the laboratory clean-out commences must be
				counted toward hazardous waste generator status, pursuant to subsections 3 and
				4 of section
				33-24-02-05, if it is determined
				to be hazardous waste; and
c. For
				the purposes of offsite management, an eligible academic entity must count all
				its hazardous waste, regardless of whether the hazardous waste was counted
				toward generator status under subdivision b, and if the eligible academic
				entity generates more than one kilogram per month of acute hazardous waste, or
				one hundred kilograms per month of hazardous waste (for example, the
				conditionally exempt small quantity generator limits of section
				33-24-02-05), the hazardous waste
				is subject to all applicable hazardous waste regulations when the hazardous
				waste is transported offsite; and
d. An eligible academic entity must document
				the activities of the laboratory clean-out. The documentation must, at a
				minimum, identify the laboratory being cleaned out, the date the laboratory
				clean-out begins and ends, and the volume of hazardous waste generated during
				the laboratory clean-out. The eligible academic entity must maintain the
				records for a period of three years from the date the clean-out ends;
				and
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-03 - Standards for Generators › Section 33-24-03-76 - Unwanted material that is not solid waste or hazardous waste

Current through Supplement No. 393, July, 2024
1. If an unwanted material does not meet the
				definition of solid waste in section
				33-24-02-02, the unwanted material
				is no longer subject to sections 33-24-03-60 through 33-24-03-77, or to 33-24,
				North Dakota hazardous waste management rules.
2. If an unwanted material does not meet the
				definition of hazardous waste in section
				33-24-02-03, the unwanted material
				is no longer subject to sections 33-24-03-60 through 33-24-03-77, or to 33-24,
				North Dakota hazardous waste management rules, but must be managed in
				compliance with any other application rules, or conditions, or both.
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 33-24-03-77 - Nonlaboratory hazardous waste generated at an eligible academic entity

Current through Supplement No. 393, July, 2024
An eligible academic entity that generates hazardous waste
				  outside of a laboratory is not eligible to manage that hazardous waste under
				  sections 33-24-03-60 through 33-24-03-77; and
1. Remains subject to the generator
				requirements of section
				33-24-03-02 and subsection 3 of
				section 33-24-03-12 for large quantity
				generators and small quantity generators (if the hazardous waste is managed in
				a satellite accumulation area), and all other applicable generator requirements
				of 33-24-03, with respect to that hazardous waste; or
2. Remains subject to the conditional
				exemption of subsection 2 of section
				33-24-02-05 for conditionally
				exempt small quantity generators, with respect to that hazardous
				waste.
General Authority:
NDCC
					 23-20.3-03
Law Implemented:
NDCC
					 23-20.3-03,
					 23-20.3-04
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-04 - Standards for Transporters › Section 33-24-04-01 - Scope

Current through Supplement No. 393, July, 2024
1. This chapter establishes standards which
				apply to persons transporting hazardous waste within this state if the
				transportation requires a manifest under chapter 33-24-03.
2. This chapter does not apply to onsite
				transportation of hazardous waste by generators or by owners or by operators of
				permitted hazardous waste management facilities.
3. A transporter of hazardous waste must also
				comply with 33-24-03 if the transporter:
a.
				Transports hazardous waste into this state from abroad; or
b. Mixes hazardous waste of different
				department of transportation shipping descriptions by placing them into a
				single container.
[NOTE: The transporter in complying with these requirements
				  does not become the generator of the waste.]
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-04 - Standards for Transporters › Section 33-24-04-02 - Identification number and registration certificate

Current through Supplement No. 393, July, 2024
1. A transporter may not transport hazardous
				wastes without having received an identification number, a transporter permit,
				and a registration certificate from the department.
2. A transporter who has not received an
				identification number and a registration certificate, or a transporter permit,
				may obtain them by applying to the department. Upon receiving the request, the
				department will assign an identification number and issue a registration
				certificate to the transporter.
3.
				The department may assess and collect reasonable fees for the issuance of
				registration certificates and transporter permits.
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 33-24-04 - Standards for Transporters › Section 33-24-04-03 - Transfer facility requirements

Current through Supplement No. 393, July, 2024
A transporter who stores manifested shipments of hazardous
				  waste in containers meeting the requirements of section
				  33-24-03-08 at a transfer facility
				  for a period of ten days or less is not subject to regulation under 33-24-05
				  and 33-24-06 with respect to the storage of those wastes.
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 33-24-04 - Standards for Transporters › Section 33-24-04-05 - Compliance with the manifest

Current through Supplement No. 393, July, 2024
1. The
				transporter must deliver the entire quantity of hazardous waste which the
				transporter has accepted from a generator or a transporter to:
a. The designated facility listed on the
				manifest;
b. The alternate
				designated facility, if the hazardous waste cannot be delivered to the
				designated facility because an emergency prevents delivery;
c. The next designated transporter;
				or
d. The place outside the United
				States designated by the generator.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-04 - Standards for Transporters › Section 33-24-04-06 - Recordkeeping

Current through Supplement No. 393, July, 2024
1. A transporter of hazardous waste must keep
				a copy of the manifest signed by the transporter, the generator, and the next
				designated transporter or the owner or operator of the designated facility for
				a period of three years from the date the hazardous waste was accepted by the
				initial transporter.
2. For
				shipments delivered to the designated facility by water (bulk shipment), each
				water (bulk shipment) transporter must retain a copy of the shipping paper
				containing all of the information required in subdivision b of subsection 5 of
				section 33-24-04-04 for a period of three
				years from the date the hazardous waste was accepted by the initial
				transporter.
3. For shipments of
				hazardous waste by rail within the United States:
a. The initial rail transporter must keep a
				copy of the manifest and shipping paper with all the information required in
				subdivision b of subsection 6 of section
				33-24-04-04 for a period of three
				years from the date the hazardous waste was accepted by the initial
				transporter; and
b. The final rail
				transporter must keep a copy of the signed manifest (or the shipping paper if
				signed by the designated facility in lieu of the manifest) for a period of
				three years from the date the hazardous waste was accepted by the initial
				transporter.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-04 - Standards for Transporters › Section 33-24-04-07 - Immediate action

Current through Supplement No. 393, July, 2024
1. In the event of
				a discharge of hazardous waste during transportation, the transporter must take
				appropriate immediate action to protect human health and the environment, e.g.,
				notify local authorities and dike the discharge area.
2. If a discharge of hazardous waste occurs
				during transportation and an official of a state or local government or a
				federal agency, acting within the scope of official responsibilities,
				determines that immediate removal of the waste is necessary to protect human
				health or the environment, that official may authorize the removal of the waste
				by transporters who do not have identification numbers and without the
				preparation of a manifest.
3. An
				air, rail, highway, or water transporter who has discharged hazardous waste
				must:
a. Give notice, if required by
				49 CFR
				171.15 to the national response center (
				800-424-8802 or 202-426-2675); and
b. Report in writing as required by
				49 CFR
				171.16 to the director, office of hazardous
				materials regulations, materials transportation bureau, department of
				transportation, Washington, District of Columbia 20590.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-04 - Standards for Transporters › Section 33-24-04-08 - Discharge cleanup

Current through Supplement No. 393, July, 2024
A transporter must clean up any hazardous waste discharge
				  that occurs during transportation or take such action as may be required or
				  approved by federal, state, or local officials so that the hazardous waste
				  discharge no longer presents a hazard to human health or the environment.
General Authority: NDCC 23-20.3-03
Law Implemented: NDCC 23-20.3-03,
					 23-20.3-04
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › Section 33-24-05-02 - Identification number and permit

Current through Supplement No. 393, July, 2024
Every facility owner or operator shall apply to the
				  department for an identification number and a permit. The department may assess
				  and collect reasonable fees for the review and issuance of permits.
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,
					 23-20.3-05.1
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 › Section 33-24-05-03 - Required notices

Current through Supplement No. 393, July, 2024
1. The owner or
				operator of a facility that has arranged to receive hazardous waste from a
				foreign source shall notify the department and the environmental protection
				agency in writing at least four weeks in advance of the date the waste is
				expected to arrive at the facility. Notice of subsequent shipments of the same
				waste from the same foreign source is not required. The owner or operator of a
				recovery facility that has arranged to receive hazardous waste subject to
				sections 33-24-03-50 through 33-24-03-59 must provide a copy of the movement
				document bearing all required signatures to the foreign exporter; to 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; the state; and to
				the competent authorities of all other countries concerned within three working
				days of receipt of the shipment. The original of the signed movement document
				must be maintained at the facility for at least three years. In addition, such
				owner or operator shall, as soon as possible, but no later than thirty days
				after the completion of recovery and no later than one calendar year following
				the receipt of the hazardous waste, send a certificate of recovery to the
				foreign exporter; to the competent authority of the country of export; to the
				environmental protection agency's office of enforcement and compliance
				assurance at the above address, and the state, by mail, email without a digital
				signature followed by mail, or fax followed by mail.
2. Before transferring ownership or operation
				of a facility during its operating life, or of a disposal facility during the
				postclosure care period, the owner or operator shall notify the new owner or
				operator in writing of the requirements in this chapter and 33-24-06.
3. The owner or operator of a facility that
				receives hazardous waste from an offsite source (except where the owner or
				operator is also the generator) shall inform the generator in writing that the
				owner or operator has the appropriate permit for, and will accept, the waste
				the generator is shipping. The owner or operator shall keep a copy of this
				written notice as part of the operating record.
General Authority:
NDCC
					 23-20.3-03
Law Implemented:
NDCC
					 23-20.3-03,
					 23-20.3-04
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › Section 33-24-05-04 - 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 33-24-06.
b. The
				analysis may include data developed under 33-24-02 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 data
				base 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
				33-24-05-256. 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 - 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 › Section 33-24-05-05 - 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.