North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-03 - Standards for Generators › Section 33-24-03-01 - Scope and applicability

Current through Supplement No. 393, July, 2024
This chapter establishes standards for generators of
				  hazardous waste.
1. Subsections 3 and
				4 of section
				33-24-02-05 must be used to
				determine the applicability of provisions of this chapter that are dependent on
				calculations of the quantity of hazardous waste generated per month.
2. A generator who treats, stores, or
				disposes of hazardous waste onsite must only comply with the following sections
				of this chapter with respect to that waste: Section
				33-24-03-02 for determining
				whether or not the generator has a hazardous waste, section
				33-24-03-03 for obtaining an
				identification number, section
				33-24-03-12 for accumulation of
				hazardous waste, subsections 3 and 4 of section
				33-24-03-13 for recordkeeping,
				section 33-24-03-16 for additional
				reporting and if applicable, section
				33-24-03-40 for farmers.
3. Any person who exports or imports
				hazardous waste into the United States through this state must comply with the
				standards applicable to generators established in this chapter.
4. Any person who exports or imports wastes
				that are considered hazardous under United States national procedures to or
				from the countries listed in subdivision a of subsection 1 of section
				33-24-03-25 for recovery must comply with sections 33-24-03-50 through
				33-24-03-59. A waste is considered hazardous under United States national
				procedures if the waste meets the federal definition of hazardous waste in
				40 CFR
				261.3 and is subject to manifesting
				requirements at sections
				33-24-03-04 through
				33-24-03-07, the universal waste
				management standards of sections 33-24-05-700 through 33-24-05-799 or the
				export requirements in the spent lead-acid battery management standards of
				sections 33-24-05-235 through
				33-24-05-249.
5. A farmer who
				generates waste pesticides which are hazardous waste and who complies with all
				the requirements of section
				33-24-03-40 is not required to
				comply with other standards in 33-24-03, 33-24-05, and 33-24-06 with respect to
				such pesticides.
6. A person who
				generates a hazardous waste as defined in 33-24-02 is subject to the compliance
				requirements and penalties prescribed in North Dakota Century Code chapter
				23-20.3 if the person does not comply with the requirements of this
				chapter.
7. An owner or operator
				who initiates a shipment of hazardous waste from a treatment, storage, or
				disposal facility must comply with the generator standards established in this
				chapter.
8. Persons responding to
				an explosives or munitions emergency in accordance with subparagraph d of
				paragraph 1 of subdivision g of subsection 6 of section
				33-24-05-01 or paragraph 4 of
				subdivision g of subsection 6 of section
				33-24-05-01 or
				40 CFR
				265.1(c)(11)(i) (D) or (iv)
				as incorporated by reference at subsection 5 of section
				33-24-06-16, and item 4 of
				subparagraph a and subparagraph c of paragraph 9 of subdivision b of subsection
				2 of section
				33-24-06-01, are not required to
				comply with the standards of 33-24-03.
9. The laboratories owned by an eligible
				academic entity that chooses to be subject to the requirements of sections
				33-24-03-60 through 33-24-03-77 are not subject to (for purposes of this
				subsection, the terms "laboratory" and "eligible academic entity" shall have
				the meaning as defined in section 33-24-03-61):
a. The requirements of section
				33-24-03-02 or subsection 3 of
				section 33-24-03-12, for large quantity
				generators and small quantity generators, except as provided in sections
				33-24-03-60 through 33-24-03-77; and
b. The conditions of subsection 2 of section
				33-24-02-05, for conditionally
				exempt small quantity generators, except as provided in sections 33-24-03-60
				through 33-24-03-77.
Note 1: The provisions of section
				  33-24-03-12 are applicable to the
				  onsite accumulation of hazardous waste by generators. Therefore, the provisions
				  of section
				  33-24-03-12 only apply to owners
				  or operators who are shipping hazardous waste that they generated at that
				  facility.
Note 2: A generator who treats, stores, or disposes of
				  hazardous waste onsite must comply with the applicable standards and permit
				  requirements set forth in 33-24-05 and 33-24-06.