reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › UNIVERSAL WASTE › Section 33.1-24-05-730 - Applicability - Large quantity handlers of universal waste

Current through Supplement No. 393, July, 2024
Sections 33.1-24-05-730 through
					 33.1-24-05-740 apply to large
					 quantity handlers of universal waste.
General Authority:
NDCC 23.1-04-03; S.L.
						2017, ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03,
						23.1-04-05; S.L. 2017, ch. 199, §
						19
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › UNIVERSAL WASTE › Section 33.1-24-05-731 - Prohibitions

Current through Supplement No. 393, July, 2024
A large quantity handler of universal waste is:
1. Prohibited from disposing of universal
				  waste; and
2. Prohibited from
				  diluting or treating universal waste, except by responding to releases as
				  provided by section
				  33.1-24-05-737, or by managing
				  specific wastes as provided in section
				  33.1-24-05-733.
General Authority:
NDCC 23.1-04-03; S.L.
						2017, ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03,
						23.1-04-05; S.L. 2017, ch. 199, §
						19
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › UNIVERSAL WASTE › Section 33.1-24-05-732 - Notification

Current through Supplement No. 393, July, 2024
1. A large quantity handler of universal
				  waste shall:
a. Except as provided in
				  subdivisions b and c, send written notification of universal waste management
				  activities to the department, and receive an identification number before
				  meeting or exceeding the five thousand kilogram storage limit.
b. A large quantity handler of universal
				  waste who has already notified the department of the person's hazardous waste
				  management activities and received an identification number is not required to
				  renotify.
c. A large quantity
				  handler of universal waste who manages recalled universal waste pesticides as
				  described in subdivision a of subsection 1 of section
				  33.1-24-05-703
				  and who has sent notification to the environmental protection agency as
				  required by 40 CFR part 165 is not required to notify for those recalled
				  universal waste pesticides.
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 › UNIVERSAL WASTE › Section 33.1-24-05-733 - Waste management

Current through Supplement No. 393, July, 2024
1.
Universal
				  waste batteries.
A large quantity handler of universal waste must manage
				  universal waste batteries in a way that prevents releases of any universal
				  waste or component of a universal waste to the environment, as follows:
a. A large quantity handler of universal
				  waste must contain any universal waste battery that shows evidence of leakage,
				  spillage, or damage that could cause leakage under reasonably foreseeable
				  conditions in a container. The container must be closed, structurally sound,
				  compatible with the contents of the battery and must lack evidence of leakage,
				  spillage, or damage that could cause leakage under reasonably foreseeable
				  conditions.
b. A large quantity
				  handler of universal waste may conduct the following activities as long as the
				  casing of each individual battery cell is not breached and remains intact and
				  closed (except that cells may be opened to remove electrolyte but must be
				  immediately closed after removal):
(1)
				  Sorting batteries by type;
(2)
				  Mixing battery types in one container;
(3) Discharging batteries so as to remove the
				  electric charge;
(4) Regenerating
				  used batteries;
(5) Disassembling
				  batteries or battery packs into individual batteries or cells;
(6) Removing batteries from consumer
				  products; or
(7) Removing
				  electrolyte from batteries.
c. A large quantity handler of universal
				  waste who removes electrolyte from batteries, or who generates other solid
				  waste (for example, battery pack materials, discarded consumer products) as a
				  result of the activities listed in subdivision b, must determine whether the
				  electrolyte or other solid waste, or both, exhibit one or more of the
				  characteristics of hazardous waste identified in sections
				  33.1-24-02-10
				  through
				  33.1-24-02-14.
(1) If the electrolyte or other solid waste,
				  or both, exhibit a characteristic of hazardous waste, it is subject to all
				  applicable requirements of
				  33.1-24-01 through
				  33.1-24-04,
				  33.1-24-06, sections
				  33.1-24-05-01
				  through
				  33.1-24-05-559, and
				  33.1-24-05-800
				  through
				  33.1-24-05-1149. The
				  handler is considered the generator of the hazardous electrolyte or other
				  hazardous waste and is subject to the requirements of
				  33.1-24-03.
(2) If the electrolyte or other solid waste
				  is not hazardous, the handler may manage the waste in compliance with
				  applicable federal, state, or local solid waste
				  regulations.
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 › UNIVERSAL WASTE › Section 33.1-24-05-734 - Labeling and marking

Current through Supplement No. 393, July, 2024
A large quantity handler of universal waste must label or
					 mark the universal waste to identify the type of universal waste as specified
					 below:
1. Universal waste batteries
				  (for example, each battery), or a container in which the batteries are
				  contained, must be labeled or marked clearly with any one of the following
				  phrases: "Universal Waste - Battery(ies)", or "Waste Battery(ies)", or "Used
				  Battery(ies)".
2. A container (or
				  multiple container package unit), tank, or transport vehicle or vessel in which
				  recalled universal waste pesticides as described in subdivision a of subsection
				  1 of section
				  33.1-24-05-703 are contained
				  must be labeled or marked clearly with:
a.
				  The label that was on or accompanied the product as sold or distributed;
				  and
b. The words "Universal Waste -
				  Pesticide(s)" or "Waste - Pesticide(s)".
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 › UNIVERSAL WASTE › Section 33.1-24-05-735 - Accumulation time limits

Current through Supplement No. 393, July, 2024
1. A large quantity
				  handler of universal waste may accumulate universal waste for no longer than
				  one year from the date the universal waste is generated, or received from
				  another handler, unless the requirements of subsection 2 are met.
2. A large quantity handler of universal
				  waste may accumulate universal waste for longer than one year from the date the
				  universal waste is generated, or received from another handler, if such
				  activity is solely for the purpose of accumulation of such quantities of
				  universal waste as necessary to facilitate proper recovery, treatment, or
				  disposal. However, the handler bears the burden of proving that such activity
				  is solely for the purpose of accumulation of such quantities of universal waste
				  as necessary to facilitate proper recovery, treatment, or disposal.
3. A large quantity handler of universal
				  waste must be able to demonstrate the length of time that the universal waste
				  has been accumulated from the date it becomes a waste or is received. The
				  handler may make this demonstration by:
a.
				  Placing the universal waste in a container and marking or labeling the
				  container with the earliest date that any universal waste in the container
				  became a waste or was received;
b.
				  Marking or labeling each individual item of universal waste (for example, each
				  battery or mercury-containing equipment) with the date it became a waste or was
				  received;
c. Maintaining an
				  inventory system onsite that identifies the date each universal waste became a
				  waste or was received;
d.
				  Maintaining an inventory system onsite that identifies the earliest date that
				  any universal waste in a group of universal waste items or a group of
				  containers of universal waste became a waste or was received;
e. Placing the universal waste in a specific
				  accumulation area and identifying the earliest date that any universal waste in
				  the area became a waste or was received; or
f. Any other method which clearly
				  demonstrates the length of time that the universal waste has been accumulated
				  from the date it becomes a waste or is received.
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 › UNIVERSAL WASTE › Section 33.1-24-05-736 - Employee training

Current through Supplement No. 393, July, 2024
A large quantity handler of universal waste shall ensure
					 all employees who handle or have responsibility for managing universal waste
					 are thoroughly familiar with proper waste handling and emergency procedures
					 appropriate for the type or types of universal waste handled at the facility,
					 and relative to their responsibilities during normal facility operations and
					 emergencies.
General Authority:
NDCC 23.1-04-03; S.L.
						2017, ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03,
						23.1-04-05; S.L. 2017, ch. 199, §
						19
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › UNIVERSAL WASTE › Section 33.1-24-05-737 - Response to releases

Current through Supplement No. 393, July, 2024
1. A large quantity
				  handler of universal waste shall immediately contain all releases of universal
				  wastes and other residues from universal wastes.
2. A large quantity handler of universal
				  waste shall determine whether any material resulting from the release is
				  hazardous waste, and if so, must manage the hazardous waste in compliance with
				  all applicable requirements of chapters 33.1-24-01 through 33.1-24-04,
				  33.1-24-06, sections
				  33.1-24-05-01 through
				  33.1-24-05-559, and
				  33.1-24-05-800 through
				  33.1-24-05-1149. The handler is
				  considered the generator of the material resulting from the release, and is
				  subject to 33.1-24-03.
General Authority:
NDCC 23.1-04-03; S.L.
						2017, ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03,
						23.1-04-05; S.L. 2017, ch. 199, §
						19
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › UNIVERSAL WASTE › Section 33.1-24-05-738 - Offsite shipments

Current through Supplement No. 393, July, 2024
1. A large quantity
				  handler of universal waste is prohibited from sending or taking universal waste
				  to a place other than another universal waste handler, a destination facility,
				  or a foreign destination.
2. If a
				  large quantity handler of universal waste self-transports universal waste
				  offsite, the handler becomes a universal waste transporter for those
				  self-transportation activities and must comply with the transporter
				  requirements of sections
				  33.1-24-05-750 through
				  33.1-24-05-759 while
				  transporting the universal waste.
3. If a universal waste being offered for
				  offsite transportation meets the definition of hazardous materials under 49 CFR
				  parts 171 through 180, a large quantity handler of universal waste must
				  package, label, mark, and placard the shipment and prepare the proper shipping
				  papers in accordance with applicable department of transportation regulations
				  under 49 CFR parts 172 through 180.
4. Prior to sending a shipment of universal
				  waste to another universal waste handler, the originating handler shall ensure
				  that the receiving handler agrees to receive the shipment.
5. If a large quantity handler of universal
				  waste sends a shipment of universal waste to another handler or to a
				  destination facility and the shipment is rejected by the receiving handler or
				  destination facility, the originating handler shall either:
a. Receive the universal waste back when
				  notified that the shipment has been rejected; or
b. Agree with the receiving handler on a
				  destination facility to which the shipment will be sent.
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 › UNIVERSAL WASTE › Section 33.1-24-05-739 - Tracking universal waste shipments

Current through Supplement No. 393, July, 2024
1.
Receipt of shipments.
A large quantity handler of universal waste
				  shall keep a record of each shipment of universal waste received at the
				  facility. The record may take the form of a log, invoice, manifest, bill of
				  lading, movement document, or other shipping document. The record for each
				  shipment of universal waste received must include the following information:
a. The name and address of the originating
				  universal waste handler or foreign shipper from whom the universal waste was
				  sent;
b. The quantity of each type
				  of universal waste received (for example, batteries, pesticides,
				  mercury-containing equipment, lamps); and
c. The date of receipt of the shipment of
				  universal waste.
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 › UNIVERSAL WASTE › Section 33.1-24-05-740 - Exports

Current through Supplement No. 393, July, 2024
A large quantity handler of universal waste that sends
					 universal waste to a foreign destination is subject to the requirements of
					 sections 33.1-24-03-50 through 33.1-24-03-55.
General Authority:
NDCC 23.1-04-03;
						S.L.
						2017, ch. 199,
						§
													1
Law Implemented:
NDCC 23.1-04-03,
						23.1-04-05;
						S.L.
						2017, ch. 199,
						§
													19
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › UNIVERSAL WASTE › Section 33.1-24-05-741 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › UNIVERSAL WASTE › Section 33.1-24-05-742 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › UNIVERSAL WASTE › Section 33.1-24-05-743 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › UNIVERSAL WASTE › Section 33.1-24-05-744 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › UNIVERSAL WASTE › Section 33.1-24-05-745 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › UNIVERSAL WASTE › Section 33.1-24-05-746 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › UNIVERSAL WASTE › Section 33.1-24-05-747 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › UNIVERSAL WASTE › Section 33.1-24-05-748 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › UNIVERSAL WASTE › Section 33.1-24-05-749 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › UNIVERSAL WASTE › Section 33.1-24-05-750 - Applicability - Universal waste transporters

Current through Supplement No. 393, July, 2024
Sections 33.1-24-05-750 through
					 33.1-24-05-759 apply to all
					 transporters of universal waste.
General Authority:
NDCC 23.1-04-03; S.L.
						2017, ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03,
						23.1-04-05; S.L. 2017, ch. 199, §
						19
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › UNIVERSAL WASTE › Section 33.1-24-05-751 - Prohibitions

Current through Supplement No. 393, July, 2024
A universal waste transporter is:
1. Prohibited from disposing of universal
				  waste; and
2. Prohibited from
				  diluting or treating universal waste, except by responding to releases as
				  provided by section
				  33.1-24-05-754.
General Authority:
NDCC 23.1-04-03; S.L.
						2017, ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03,
						23.1-04-05; S.L. 2017, ch. 199, §
						19
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › UNIVERSAL WASTE › Section 33.1-24-05-752 - Waste management

Current through Supplement No. 393, July, 2024
1. A universal
				  waste transporter shall comply with all applicable United States department of
				  transportation regulations in 49 CFR parts 171 through 180 for transport of any
				  universal waste that meets the definition of hazardous material in
				  49 CFR
				  171.8. For purposes of the department of
				  transportation regulations, a material is considered a hazardous waste if it is
				  subject to the hazardous waste manifest requirements specified in chapter
				  33.1-24-03. Because universal waste does not require a hazardous waste
				  manifest, it is not considered a hazardous waste under the department of
				  transportation regulations.
2. Some
				  universal waste materials are regulated by the department of transportation as
				  hazardous materials because they meet the criteria for one or more hazard
				  classes specified in
				  49
				  CFR 173.2. As universal waste shipments do
				  not require a manifest under 33.1-24-03, they may not be described by the
				  department of transportation proper shipping name "hazardous waste (l) or (s),
				  n.o.s.", nor may the hazardous material's proper shipping name be modified by
				  adding the word "waste".
3. All
				  universal waste transporters shall comply with the solid waste transportation
				  permitting requirements contained in section
				  33.1-20-02.1-01.
General Authority:
NDCC 23.1-04-03; S.L.
						2017, ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03,
						23.1-04-05; S.L. 2017, ch. 199, §
						19
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › UNIVERSAL WASTE › Section 33.1-24-05-753 - Storage time limits

Current through Supplement No. 393, July, 2024
1. A universal
				  waste transporter may only store the universal waste at a universal waste
				  transfer facility for ten days or less.
2. If a universal waste transporter stores
				  universal waste for more than ten days, the universal waste transporter becomes
				  a universal waste handler and must comply with the requirements of sections
				  33.1-24-05-710 through
				  33.1-24-05-740, as applicable,
				  while storing the universal waste.
3. A universal waste transporter must keep
				  records for each shipment of universal waste transported. The record may take
				  the form of a log, invoice, manifest, bill of lading, or other shipping
				  document. The record for each shipment of universal waste sent must include the
				  following information:
a. The name and
				  address of the universal waste generator or handler originating the shipment
				  and the subsequent handler, destination facility, or foreign destination to
				  whom the universal waste was sent;
b. The quantity of each type of universal
				  waste sent (for example, batteries, pesticides, mercury-containing equipment);
				  and
c. The date the universal waste
				  transporter accepted the shipment of universal waste for
				  transportation.
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 › UNIVERSAL WASTE › Section 33.1-24-05-754 - Response to releases

Current through Supplement No. 393, July, 2024
1. A universal
				  waste transporter must immediately contain all releases of universal wastes and
				  other residues from universal wastes.
2. A universal waste transporter must
				  determine whether any material resulting from the release is hazardous waste,
				  and if so, is subject to all applicable requirements of chapters 33.1-24-01
				  through 33.1-24-04, 33.1-24-06, sections
				  33.1-24-05-01 through
				  33.1-24-05-559, and
				  33.1-24-05-800 through
				  33.1-24-05-1149. If the waste is
				  determined to be hazardous waste, the transporter is subject to
				  33.1-24-03.
General Authority:
NDCC 23.1-04-03; S.L.
						2017, ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03,
						23.1-04-05; S.L. 2017, ch. 199, §
						19
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › UNIVERSAL WASTE › Section 33.1-24-05-755 - Offsite shipments

Current through Supplement No. 393, July, 2024
1. A universal
				  waste transporter is prohibited from transporting the universal waste to a
				  place other than a universal waste handler, a destination facility, or a
				  foreign destination.
2. If the
				  universal waste being shipped offsite meets the department of transportation's
				  definition of hazardous materials in
				  49 CFR
				  171.8, the shipment must be properly
				  described on a shipping paper in accordance with the applicable department of
				  transportation regulations under 49 CFR part 172.
General Authority:
NDCC 23.1-04-03; S.L.
						2017, ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03,
						23.1-04-05; S.L. 2017, ch. 199, §
						19
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › UNIVERSAL WASTE › Section 33.1-24-05-756 - Exports

Current through Supplement No. 393, July, 2024
A universal waste transporter transporting a shipment of
					 universal waste to a foreign destination is subject to the requirements of
					 sections 33.1-24-03-50 through 33.1-24-03-55.
General Authority:
NDCC 23.1-04-03;
						S.L.
						2017, ch. 199,
						§
													1
Law Implemented:
NDCC 23.1-04-03,
						23.1-04-05;
						S.L.
						2017, ch. 199,
						§
													19
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › UNIVERSAL WASTE › Section 33.1-24-05-757 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › UNIVERSAL WASTE › Section 33.1-24-05-758 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › UNIVERSAL WASTE › Section 33.1-24-05-759 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › UNIVERSAL WASTE › Section 33.1-24-05-760 - Applicability - Destination facilities

Current through Supplement No. 393, July, 2024
1. The owner or
				  operator of a destination facility (as defined in section
				  33.1-24-01-04) is subject to all
				  applicable requirements of sections
				  33.1-24-05-01 through
				  33.1-24-05-559 and
				  33.1-24-05-800 through
				  33.1-24-05-929 and 33.1-24-06
				  and 33.1-24-07, and the notification requirement under section
				  33.1-24-03-03.
2. The owner or operator of a destination
				  facility that recycles a particular universal waste without storing that
				  universal waste before it is recycled must comply with subdivision b of
				  subsection 3 of section
				  33.1-24-02-06.
General Authority:
NDCC 23.1-04-03; S.L.
						2017, ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03,
						23.1-04-05; S.L. 2017, ch. 199, §
						19
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › UNIVERSAL WASTE › Section 33.1-24-05-761 - Offsite shipments

Current through Supplement No. 393, July, 2024
1. The owner or
				  operator of a destination facility is prohibited from sending or taking
				  universal waste to a place other than a universal waste handler, another
				  destination facility, or foreign destination.
2. The owner or operator of a destination
				  facility may reject a shipment containing universal waste or a portion of a
				  shipment containing universal waste. If the owner or operator of the
				  destination facility rejects a shipment or a portion of a shipment, the
				  destination facility must contact the shipper to notify the shipper of the
				  rejection and to discuss reshipment of the load. The owner or operator of the
				  destination facility shall:
a. Send the
				  shipment back to the original shipper; or
b. If agreed to by both the shipper and the
				  owner or operator of the destination facility, send the shipment to another
				  destination facility.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › UNIVERSAL WASTE › Section 33.1-24-05-762 - Tracking universal waste shipments

Current through Supplement No. 393, July, 2024
1.
				  The owner or operator of a destination facility must keep a record of each
				  shipment of universal waste received at the facility. The record may take the
				  form of a log, invoice, manifest, bill of lading, movement document, or other
				  shipping document. The record for each shipment of universal waste received
				  must include the following information:
a.
				  The name and address of the universal waste handler, destination facility, or
				  foreign shipper from whom the universal waste was sent;
b. The quantity of each type of universal
				  waste received (for example, batteries, pesticides, mercury-containing
				  equipment); and
c. The date of
				  receipt of the shipment of universal waste.
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 › UNIVERSAL WASTE › Section 33.1-24-05-763 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › UNIVERSAL WASTE › Section 33.1-24-05-764 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › UNIVERSAL WASTE › Section 33.1-24-05-765 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › UNIVERSAL WASTE › Section 33.1-24-05-766 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › UNIVERSAL WASTE › Section 33.1-24-05-767 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › UNIVERSAL WASTE › Section 33.1-24-05-768 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › UNIVERSAL WASTE › Section 33.1-24-05-769 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › UNIVERSAL WASTE › Section 33.1-24-05-770 - Imports

Current through Supplement No. 393, July, 2024
Persons managing universal waste that is imported from a
					 foreign country into the United States are subject to the applicable
					 requirements of sections 33.1-24-03-50 through 33.1-24-03-55 and sections
					 33.1-24-05-700 through 33.1-24-05-799, immediately after the waste enters the
					 United States, as indicated in subsections 1 through 3:
1. A universal waste transporter is subject
				  to the universal waste transporter requirements of sections 33.1-24-05-750
				  through 33.1-24-05-759.
2. A
				  universal waste handler is subject to the universal waste handler requirements
				  of sections 33.1-24-05-710 through 33.1-24-05-740, as applicable.
3. An owner or operator of a destination
				  facility is subject to the destination facility requirements of sections
				  33.1-24-05-760 through 33.1-24-05-762.
General Authority:
NDCC 23.1-04-03;
						S.L.
						2017, ch. 199,
						§
													1
Law Implemented:
NDCC 23.1-04-03,
						23.1-04-05;
						S.L.
						2017, ch. 199,
						§
													19
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › UNIVERSAL WASTE › Section 33.1-24-05-771 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › UNIVERSAL WASTE › Section 33.1-24-05-772 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › UNIVERSAL WASTE › Section 33.1-24-05-773 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › UNIVERSAL WASTE › Section 33.1-24-05-774 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › UNIVERSAL WASTE › Section 33.1-24-05-775 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › UNIVERSAL WASTE › Section 33.1-24-05-776 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › UNIVERSAL WASTE › Section 33.1-24-05-777 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › UNIVERSAL WASTE › Section 33.1-24-05-778 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › UNIVERSAL WASTE › Section 33.1-24-05-779 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › UNIVERSAL WASTE › Section 33.1-24-05-780 - Petitions to include other wastes under sections 33.1-24-05-700 through 33.1-24-05-799

Current through Supplement No. 393, July, 2024
1. Except as
				  provided in subsection 4, any person seeking to add a hazardous waste or
				  category of hazardous waste to sections
				  33.1-24-05-700 through
				  33.1-24-05-799 may
				  petition for a regulatory amendment under sections
				  33.1-24-01-06,
				  33.1-24-01-08,
				  and 33.1-24-05-780 through
				  33.1-24-05-781.
2. To be successful, the petitioner must
				  demonstrate to the satisfaction of the department that regulation under the
				  universal waste regulations of sections
				  33.1-24-05-700 through
				  33.1-24-05-799 is
				  appropriate for the waste or category of waste; will improve management
				  practices for the waste or category of waste; and will improve implementation
				  of the hazardous waste program. The petition must include the information
				  required by subsection 2 of section
				  33.1-24-01-06.
				  The petition should also address as many of the factors listed in section
				  33.1-24-05-781
				  as are appropriate for the waste or waste category addressed in the
				  petition.
3. The department will
				  evaluate petitions using the factors listed in section
				  33.1-24-05-781.
				  The department will grant or deny a petition using the factors listed in
				  section
				  33.1-24-05-781.
				  The decision will be based on the weight of evidence showing that regulation
				  under sections
				  33.1-24-05-700 through
				  33.1-24-05-799 is
				  appropriate for the waste or category of waste, will improve management
				  practices for the waste of category of waste, and will improve implementation
				  of the hazardous waste program.
4.
				  Hazardous waste pharmaceuticals are regulated under sections
				  33.1-24-05-310 through
				  33.1-24-05-320 and may
				  not be added as a category of hazardous waste for management under sections
				  33.1-24-05-700 through
				  33.1-24-05-799
General Authority:
NDCC 23.1-04-03; S.L.
						2017, ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03,
						23.1-04-05; S.L. 2017, ch. 199, §
						19
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › UNIVERSAL WASTE › Section 33.1-24-05-782 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › UNIVERSAL WASTE › Section 33.1-24-05-783 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › UNIVERSAL WASTE › Section 33.1-24-05-784 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › UNIVERSAL WASTE › Section 33.1-24-05-785 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › UNIVERSAL WASTE › Section 33.1-24-05-786 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › UNIVERSAL WASTE › Section 33.1-24-05-787 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › UNIVERSAL WASTE › Section 33.1-24-05-788 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › UNIVERSAL WASTE › Section 33.1-24-05-789 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › UNIVERSAL WASTE › Section 33.1-24-05-790 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › UNIVERSAL WASTE › Section 33.1-24-05-791 - Reserved

Current through Supplement No. 393, July, 2024