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 33-24-05-01 - Purpose, scope, and applicability

Current through Supplement No. 393, July, 2024
1.
				The purpose of this chapter is to establish minimum standards which define the
				acceptable management of hazardous waste.
2. The standards in this chapter apply to
				owners and operators of all facilities which treat, store, or dispose of
				hazardous waste, except as specifically provided otherwise in this chapter or
				chapter 33-24-02.
3. The
				requirements of this chapter apply to a person disposing of hazardous waste by
				means of underground injection subject to a permit issued under an underground
				injection control program approved or promulgated under the Safe Drinking Water
				Act only to the extent they are required by 33-24-06.
4. The requirements of this chapter apply to
				the owner or operator of a publicly owned treatment works which treats, stores,
				or disposes of hazardous waste only to the extent they are included in a
				hazardous waste permit by rule granted to such a person under
				33-24-06.
5. The requirements of
				this chapter apply to recyclable materials used in a manner constituting
				disposal, hazardous waste burned for energy recovery, recyclable materials
				utilized for precious metal recovery, and spent lead acid batteries being
				reclaimed.
6. The requirements of
				this chapter do not apply to:
a. The owner or
				operator of a facility permitted, licensed, or registered by the department to
				manage municipal or industrial solid waste, if the only hazardous waste the
				facility treats, stores, or disposes of is excluded from regulation under
				section 33-24-02-05.
b. The owner or operator of a facility
				managing recyclable materials described in subdivisions b, c, and d of
				subsection 1 of section
				33-24-02-06 (except to the extent
				they are referred to in sections
				33-24-05-600 through 33-24-05-689
				or sections
				33-24-05-201 through 33-24-05-209,
				sections 33-24-05-230 through 33-24-05-249,
				or sections
				33-24-05-525 through
				33-24-05-549).
c. A generator
				accumulating waste onsite in compliance with section
				33-24-03-12.
d. A farmer disposing of pesticide containers
				from the farmer's own use in compliance with section
				33-24-03-40.
e. The owner or operator of a totally
				enclosed treatment facility, as defined in section
				33-24-01-04.
f. The owner or operator of an elementary
				neutralization unit or a wastewater treatment unit as defined in section
				33-24-01-04, provided that if the
				owner or operator is diluting hazardous ignitable (D001) wastes (other than the
				D001 high total organic carbon subcategory defined in section
				33-24-05-280, table treatment
				standards for hazardous wastes, or reactive (D003) waste, to remove the
				characteristic before land disposal, the owner or operator must comply with the
				requirements set out in subsection 2 of section
				33-24-05-08.
g. Immediate response activities.
(1) Except as provided in paragraph 2, a
				person engaged in treatment or containment activities during immediate response
				to any of the following situations:
(a) A
				discharge of hazardous waste.
(b)
				An imminent and substantial threat of a discharge of hazardous waste.
(c) A discharge of material which, when
				discharged, becomes a hazardous waste.
(d) An immediate threat to human health,
				public safety, property, or the environment, from the known or suspected
				presence of military munitions, other explosive material, or an explosive
				device, as determined by an explosive or munitions emergency response
				specialist as defined in section
				33-24-01-04.
(2) An owner or operator of a facility
				otherwise regulated by this chapter shall comply with all applicable
				requirements of sections
				33-24-05-15 through
				33-24-05-36.
(3) Any person who is
				covered by paragraph 1 and continues or initiates hazardous waste treatment or
				containment activities after the immediate response is over is subject to all
				applicable requirements of this chapter and 33-24-06 and 33-24-07.
(4) In the case of an explosives or munitions
				emergency response, if a federal, state, tribal, or local official acting
				within the scope of that person's official responsibilities, or an explosives
				or munitions emergency response specialist, determines that immediate removal
				of the material or waste is necessary to protect human health or the
				environment, that official or specialist may authorize the removal of the
				material or waste by transporters who do not have identification numbers and
				without the preparation of a manifest. In the case of emergencies involving
				military munitions, the responding military emergency response specialist's
				organizational unit must retain records for three years identifying the dates
				of the response, the responsible persons responding, the type and description
				of material addressed, and its disposition.
h. A transporter storing 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.
i. The addition of absorbent material to
				waste in a container (as defined in section
				33-24-01-04) or the addition of
				waste to absorbent material in a container provided that these actions occur at
				the time waste is first placed in a container and subsection 2 of section
				33-24-05-08 and sections
				33-24-05-90 and
				33-24-05-91 are complied
				with.
j. Universal waste handlers
				and universal waste transporters (as defined in section
				33-24-01-04) handling the wastes
				listed below. These handlers are subject to regulation under sections
				33-24-05-700 through 33-24-05-799, when handling the below listed universal
				wastes:
(1) Batteries as described in section
				33-24-05-702;
(2) Pesticides as described in section
				33-24-05-703;
(3) Mercury containing equipment as described
				in section
				33-24-05-704; and
(4) Lamps as described in section
				33-24-05-705.