reglab/statecodes huggingface dataset:
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 › STANDARDS FOR THE MANAGEMENT OF USED OIL › Section 33-24-05-659 - Management of residues

Current through Supplement No. 393, July, 2024
Owners and operators who generate residues from the
					 storage or processing of used oil must manage the residues as specified in
					 subsection 5 of section
					 33-24-05-610.
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 › STANDARDS FOR THE MANAGEMENT OF USED OIL › Section 33-24-05-660 - Applicability of standards for used oil burners who burn off-specification used oil for energy recovery

Current through Supplement No. 393, July, 2024
1.
General.
The requirements of sections
				  33-24-05-660 through 33-24-05-669
				  apply to used oil burners except as specified in subdivisions a and b. A used
				  oil burner is a facility where used oil not meeting the specification
				  requirements in section
				  33-24-05-611 is burned for energy
				  recovery in devices identified in subsection 1 of section
				  33-24-05-661. Facilities burning
				  used oil for energy recovery under the following conditions are not subject to
				  sections 33-24-05-660 through 33-24-05-669:
a. The used oil is burned by the generator in
				  an onsite space heater under the provisions of section
				  33-24-05-623; or
b. The used oil is burned by a processor for
				  purposes of processing used oil, which is considered burning incidentally to
				  used oil processing.
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 › STANDARDS FOR THE MANAGEMENT OF USED OIL › Section 33-24-05-661 - Restrictions on burning

Current through Supplement No. 393, July, 2024
1.
				  Off-specification used oil fuel may be burned for energy recovery in only the
				  following devices:
a. Industrial furnaces
				  identified in section
				  33-24-01-04;
b. Boilers, as defined in section
				  33-24-01-04, which are identified
				  as follows:
(1) Industrial boilers located on
				  the site of a facility engaged in a manufacturing process where substances are
				  transformed into new products, including the component parts of products, by
				  mechanical or chemical processes;
(2) Utility boilers used to produce electric
				  power, steam, heated or cooled air, or other gases or fluids for sale; or
(3) Used oil-fired space heaters
				  provided that the burner meets the provisions of section
				  33-24-05-623; or
c. Hazardous waste incinerators
				  subject to regulation under sections
				  33-24-05-144 through 33-24-05-159.
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 › STANDARDS FOR THE MANAGEMENT OF USED OIL › Section 33-24-05-662 - Notification

Current through Supplement No. 393, July, 2024
1.
Identification numbers.
Used
				  oil burners who have not previously complied with the notification requirements
				  of section
				  33-24-03-03 must comply with these
				  requirements and obtain an identification number.
2.
Mechanics of notification.
A
				  used oil burner who has not received an identification number may obtain one by
				  notifying the department of the used oil burner's used oil activity by
				  submitting either:
a. A completed
				  notification of regulated waste activity form (environmental protection agency
				  form 8700-12, or equivalent state form); or
b. A letter requesting an identification
				  number. The letter should include the following information:
(1) Burner company name;
(2) Owner of the burner company;
(3) Mailing address for the burner;
(4) Name and telephone number for the burner
				  point of contact;
(5) Type of used
				  oil activity; and
(6) Location of
				  the burner facility.
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 › STANDARDS FOR THE MANAGEMENT OF USED OIL › Section 33-24-05-663 - Rebuttable presumption for used oil

Current through Supplement No. 393, July, 2024
1.
				  To ensure that used oil managed at a used oil burner facility is not hazardous
				  waste under the rebuttable presumption of paragraph 2 of subdivision a of
				  subsection 2 of section
				  33-24-05-610, a used oil burner
				  must determine whether the total halogen content of used oil managed at the
				  facility is above or below one thousand parts per million.
2. The used oil burner must determine if the
				  used oil contains above or below one thousand parts per million total halogens
				  by:
a. Testing the used oil;
b. Applying knowledge of the halogen content
				  of the used oil in light of the materials or processes used; or
c. If the used oil has been received from a
				  processor subject to regulation under sections
				  33-24-05-650 through
				  33-24-05-659, using information
				  provided by the processor.
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 › STANDARDS FOR THE MANAGEMENT OF USED OIL › Section 33-24-05-664 - Used oil storage

Current through Supplement No. 393, July, 2024
Used oil burners are subject to all applicable spill
					 prevention, control, and countermeasures [40 CFR part 112] in addition to the
					 requirements of sections
					 33-24-05-660 through 33-24-05-669.
					 Used oil burners are also subject to the underground storage tank ( 33-24-08)
					 standards for used oil stored in underground tanks whether or not the used oil
					 exhibits any characteristics of hazardous waste, in addition to the
					 requirements of sections
					 33-24-05-660 through
					 33-24-05-669.
1.
Storage units.
Used oil burners may not store used oil in units other than tanks,
				  containers, or units subject to regulation under sections
				  33-24-05-01 through 33-24-05-190,
				  33-24-05-300 through 33-24-05-524,
				  33-24-05-550 through 33-24-05-559,
				  33-24-05-800 through 33-24-05-819,
				  or the applicable requirements of subsection 5 of section
				  33-24-06-16.
2.
Condition of units.
Containers and aboveground tanks used to store oil at burner facilities
				  must be:
a. In good condition (no severe
				  rusting, apparent structural defects, or deterioration); and
b. Not leaking (no visible leaks).
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 › STANDARDS FOR THE MANAGEMENT OF USED OIL › Section 33-24-05-665 - Tracking

Current through Supplement No. 393, July, 2024
1.
Acceptance.
Used oil burners
				  must keep a record of each used oil shipment accepted for burning. These
				  records may take the form of a log, invoice, manifest, bill of lading, or other
				  shipping documents. Records for each shipment must include the following
				  information:
a. The name and address of the
				  transporter who delivered the used oil to the burner;
b. The name and address of the generator or
				  processor from whom the used oil was sent to the burner;
c. The identification number of the
				  transporter who delivered the used oil to the burner;
d. The identification number (if applicable)
				  of the generator or processor from whom the used oil was sent to the burner;
e. The quantity of used oil
				  accepted; and
f. The date of
				  acceptance.
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 › STANDARDS FOR THE MANAGEMENT OF USED OIL › Section 33-24-05-666 - Notices

Current through Supplement No. 393, July, 2024
1.
Certification.
Before a
				  burner accepts the first shipment of off-specification used oil fuel from a
				  generator, transporter, or processor, the burner must provide to the generator,
				  transporter, or processor a one-time written and signed notice certifying that:
a. The burner has notified the department
				  stating the location and general description of the burner's used oil
				  management activities; and
b. The
				  burner will burn the used oil only in an industrial furnace or boiler
				  identified in subsection 1 of section
				  33-24-05-661.
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 › STANDARDS FOR THE MANAGEMENT OF USED OIL › Section 33-24-05-667 - Management of residues

Current through Supplement No. 393, July, 2024
Burners who generate residues from the storage or burning
					 of used oil must manage the residues as specified in subsection 5 of section
					 33-24-05-610.
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 › STANDARDS FOR THE MANAGEMENT OF USED OIL › Section 33-24-05-668 - Reserved

Current through Supplement No. 393, July, 2024
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 › STANDARDS FOR THE MANAGEMENT OF USED OIL › Section 33-24-05-669 - Reserved

Current through Supplement No. 393, July, 2024
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 › STANDARDS FOR THE MANAGEMENT OF USED OIL › Section 33-24-05-670 - Applicability of standards for used oil fuel marketers

Current through Supplement No. 393, July, 2024
1. Any person who conducts either of the
				  following activities is subject to the requirements of sections
				  33-24-05-670 through 33-24-05-679:
a. Directs a shipment of off-specification
				  used oil from their facility to a used oil burner; or
b. First claims that used oil that is to be
				  burned for energy recovery meets the used oil fuel specifications set forth in
				  section 33-24-05-611.
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 › STANDARDS FOR THE MANAGEMENT OF USED OIL › Section 33-24-05-671 - Prohibitions

Current through Supplement No. 393, July, 2024
A used oil fuel marketer may initiate a shipment of
					 off-specification used oil only to a used oil burner who:
1. Has an identification number; and
2. Burns the used oil in an
				  industrial furnace or boiler identified in subsection 1 of section
				  33-24-05-661.
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 › STANDARDS FOR THE MANAGEMENT OF USED OIL › Section 33-24-05-672 - On-specification used oil fuel

Current through Supplement No. 393, July, 2024
1.
Analysis of used oil fuel.
A generator, transporter, processor, or
				  burner may determine that used oil that is to be burned for energy recovery
				  meets the fuel specifications of section
				  33-24-05-611 by performing
				  analyses or obtaining copies of analyses or other information documenting that
				  the used oil fuel meets the specifications.
2.
Record retention.
A
				  generator, transporter, processor, or burner who first claims that used oil
				  that is to be burned for energy recovery meets the specifications for used oil
				  fuel under section
				  33-24-05-611, must keep copies of
				  analyses of the used oil (or other information used to make the determination)
				  for three years.
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 › STANDARDS FOR THE MANAGEMENT OF USED OIL › Section 33-24-05-673 - Notification

Current through Supplement No. 393, July, 2024
1. Identification numbers. A used oil fuel
				  marketer subject to the requirements of sections
				  33-24-05-670 through 33-24-05-679
				  who has not previously complied with the notification requirements of section
				  33-24-03-03 must comply with these
				  requirements and obtain an identification number.
2. A marketer who has not received an
				  identification number may obtain one by notifying the department of their used
				  oil activity by submitting either:
a. A
				  completed notification of regulated waste activity form (environmental
				  protection agency form 8700-12, or equivalent state form); or
b. A letter requesting an identification
				  number. The letter should include the following information:
(1) Marketer company name;
(2) Owner of the marketer;
(3) Mailing address for the
				  marketer;
(4) Name and telephone
				  number for the marketer point of contact; and
(5) Type of used oil activity (for example,
				  generator directing shipments of off-specification used oil to a
				  burner).
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 › STANDARDS FOR THE MANAGEMENT OF USED OIL › Section 33-24-05-674 - Tracking

Current through Supplement No. 393, July, 2024
1.
Off-specification used oil delivery.
Any used oil marketer who directs a shipment of off-specification used
				  oil to a burner must keep a record of each shipment of used oil to a used oil
				  burner. These records may take the form of a log, invoice, manifest, bill of
				  lading, or other shipping documents. Records for each shipment must include the
				  following information:
a. The name and
				  address of the transporter who delivers the used oil to the burner;
b. The name and address of the burner who
				  will receive the used oil;
c. The
				  identification number of the transporter who delivers the used oil to the
				  burner;
d. The identification
				  number of the burner;
e. The
				  quantity of used oil shipped; and
f. The date of shipment.
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 › STANDARDS FOR THE MANAGEMENT OF USED OIL › Section 33-24-05-675 - Notices

Current through Supplement No. 393, July, 2024
1.
Certification.
Before a used
				  oil generator, transporter, or processor directs the first shipment of
				  off-specification used oil fuel to a burner, the generator, transporter, or
				  processor must obtain a one-time written and signed notice from the burner
				  certifying that:
a. The burner has notified
				  the department stating the location and general description of used oil
				  management activities; and
b. The
				  burner will burn the off-specification used oil only in an industrial furnace
				  or boiler identified in subsection 1 of section
				  33-24-05-661.
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 › STANDARDS FOR THE MANAGEMENT OF USED OIL › Section 33-24-05-676 - Reserved

Current through Supplement No. 393, July, 2024
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 › STANDARDS FOR THE MANAGEMENT OF USED OIL › Section 33-24-05-677 - Reserved

Current through Supplement No. 393, July, 2024
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 › STANDARDS FOR THE MANAGEMENT OF USED OIL › Section 33-24-05-678 - Reserved

Current through Supplement No. 393, July, 2024
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 › STANDARDS FOR THE MANAGEMENT OF USED OIL › Section 33-24-05-679 - Reserved

Current through Supplement No. 393, July, 2024
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 › STANDARDS FOR THE MANAGEMENT OF USED OIL › Section 33-24-05-680 - Applicability of standards for disposal of used oil

Current through Supplement No. 393, July, 2024
The requirements of sections
					 33-24-05-680 through 33-24-05-689
					 apply to all used oils that cannot be recycled and are therefore being
					 disposed.
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 › STANDARDS FOR THE MANAGEMENT OF USED OIL › Section 33-24-05-681 - Disposal

Current through Supplement No. 393, July, 2024
1.
Disposal of hazardous used oils.
Used oils that are identified as a hazardous waste and cannot be
				  recycled in accordance with sections
				  33-24-05-600 through 33-24-05-689
				  must be managed in accordance with the hazardous waste management requirements
				  of 33-24.
2.
Disposal of
				  nonhazardous used oils.
Used oils that are not hazardous wastes and
				  cannot be recycled under sections
				  33-24-05-600 through 33-24-05-689
				  must be disposed in accordance with the requirements of 33-20.
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 › STANDARDS FOR THE MANAGEMENT OF USED OIL › Section 33-24-05-682 - Reserved

Current through Supplement No. 393, July, 2024
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 › STANDARDS FOR THE MANAGEMENT OF USED OIL › Section 33-24-05-683 - Reserved

Current through Supplement No. 393, July, 2024
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 › STANDARDS FOR THE MANAGEMENT OF USED OIL › Section 33-24-05-684 - Reserved

Current through Supplement No. 393, July, 2024
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 › STANDARDS FOR THE MANAGEMENT OF USED OIL › Section 33-24-05-685 - Reserved

Current through Supplement No. 393, July, 2024
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 › STANDARDS FOR THE MANAGEMENT OF USED OIL › Section 33-24-05-686 - Reserved

Current through Supplement No. 393, July, 2024
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 › STANDARDS FOR THE MANAGEMENT OF USED OIL › Section 33-24-05-687 - Reserved

Current through Supplement No. 393, July, 2024
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 › STANDARDS FOR THE MANAGEMENT OF USED OIL › Section 33-24-05-688 - Reserved

Current through Supplement No. 393, July, 2024
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 › STANDARDS FOR THE MANAGEMENT OF USED OIL › Section 33-24-05-689 - Reserved

Current through Supplement No. 393, July, 2024
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 › RESERVED › Section 33-24-05-690 - Reserved

Current through Supplement No. 393, July, 2024
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 › RESERVED › Section 33-24-05-691 - Reserved

Current through Supplement No. 393, July, 2024
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 › RESERVED › Section 33-24-05-692 - Reserved

Current through Supplement No. 393, July, 2024
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 › RESERVED › Section 33-24-05-693 - Reserved

Current through Supplement No. 393, July, 2024
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 › RESERVED › Section 33-24-05-694 - Reserved

Current through Supplement No. 393, July, 2024
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 › RESERVED › Section 33-24-05-695 - Reserved

Current through Supplement No. 393, July, 2024
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 › RESERVED › Section 33-24-05-696 - Reserved

Current through Supplement No. 393, July, 2024
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 › RESERVED › Section 33-24-05-697 - Reserved

Current through Supplement No. 393, July, 2024
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 › RESERVED › Section 33-24-05-698 - Reserved

Current through Supplement No. 393, July, 2024
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 › RESERVED › Section 33-24-05-699 - Reserved

Current through Supplement No. 393, July, 2024
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 › UNIVERSAL WASTE › Section 33-24-05-700 - Reserved

Current through Supplement No. 393, July, 2024
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 › UNIVERSAL WASTE › Section 33-24-05-701 - Scope of universal waste rule

Current through Supplement No. 393, July, 2024
1.
				  Sections 33-24-05-700 through 33-24-05-799 establish requirements for managing
				  the following:
a. Batteries as described in
				  section 33-24-05-702;
b. Pesticides as described in section
				  33-24-05-703;
c. Mercury containing equipment as described
				  in section
				  33-24-05-704; and
d. Lamps as described in section
				  33-24-05-705.
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 › UNIVERSAL WASTE › Section 33-24-05-702 - Applicability - Batteries

Current through Supplement No. 393, July, 2024
1.
Batteries covered under sections 33-24-05-700 through
				  33-24-05-799
.
a. The requirements of
				  sections 33-24-05-700 through 33-24-05-799 apply to persons managing batteries
				  as described in section
				  33-24-01-04, except as those
				  listed in subsection 2.
b. Spent
				  lead-acid batteries which are not managed under sections
				  33-24-05-235 through 33-24-05-249
				  are subject to management under sections 33-24-05-700 through
				  33-24-05-799.
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 › UNIVERSAL WASTE › Section 33-24-05-703 - Applicability - Pesticides

Current through Supplement No. 393, July, 2024
1.
Pesticides covered under sections 33-24-05-700 through
				  33-24-05-799
. The requirements of sections 33-24-05-700 through
				  33-24-05-799 apply to persons managing pesticides, as described in section
				  33-24-01-04, meeting the following
				  conditions, except those listed in subsection 2:
a. Recalled pesticides that are:
(1) Stocks of a suspended and canceled
				  pesticide that are part of a voluntary or mandatory recall under federal
				  Insecticide, Fungicide, and Rodenticide Act section 19(b), including, but not
				  limited to, those owned by the registrant responsible for conducting the
				  recall; or
(2) Stocks of a
				  suspended or canceled pesticide, or a pesticide that is not in compliance with
				  federal Insecticide, Fungicide, and Rodenticide Act, that are part of a
				  voluntary recall by the registrant.
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 › UNIVERSAL WASTE › Section 33-24-05-704 - Applicability - Mercury containing equipment

Current through Supplement No. 393, July, 2024
1.
Mercury containing equipment covered
				  under sections 33-24-05-700 through 33-24-05-799
. The requirements of
				  sections 33-24-05-700 through 33-24-05-799 apply to persons managing mercury
				  containing equipment, as described in section
				  33-24-01-04, except those listed
				  in subsection 2.
2.
Mercury
				  containing equipment not covered under sections 33-24-05-700 through
				  33-24-05-799
. The requirements of sections 33-24-05-700 through
				  33-24-05-799 do not apply to persons managing the following mercury containing
				  equipment:
a. Mercury containing equipment
				  that is not yet a waste under 33-24-02. Subsection 3 describes when mercury
				  containing equipment becomes a waste;
b. Mercury containing equipment that is not a
				  hazardous waste. Mercury containing equipment is a hazardous waste if it
				  exhibits one or more of the characteristics identified in sections
				  33-24-02-10 through
				  33-24-02-14 or is listed in
				  sections 33-24-02-15 through
				  33-24-02-19; and
c. Equipment and devices from which the
				  mercury containing components have been removed.
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 › UNIVERSAL WASTE › Section 33-24-05-705 - Applicability - Lamps

Current through Supplement No. 393, July, 2024
1. Lamps covered
				  under sections 33-24-05-700 through 33-24-05-799. The requirements of sections
				  33-24-05-700 through 33-24-05-799 apply to persons managing lamps as described
				  in section
				  33-24-01-04, except those listed
				  in subsection 2.
2. Lamps not
				  covered under sections 33-24-05-700 through 33-24-05-799. The requirements of
				  sections 33-24-05-700 through 33-24-05-799 do not apply to persons managing the
				  following lamps:
a. Lamps that are not yet
				  wastes under 33-24-02 as provided in subsection 3.
b. Lamps that are not hazardous waste. A lamp
				  is a hazardous waste if it exhibits one or more of the characteristics
				  identified in sections
				  33-24-02-10 through
				  33-24-02-14.
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 › UNIVERSAL WASTE › Section 33-24-05-706 - Reserved

Current through Supplement No. 393, July, 2024
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 › UNIVERSAL WASTE › Section 33-24-05-707 - Reserved

Current through Supplement No. 393, July, 2024
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 › UNIVERSAL WASTE › Section 33-24-05-708 - Applicability - Household and conditionally exempt small quantity generator waste

Current through Supplement No. 393, July, 2024
1. Persons managing
				  the wastes listed below may, at their option, manage them under the
				  requirements of sections 33-24-05-700 through 33-24-05-799:
a. Household wastes that are exempt under
				  subdivision a of subsection 2 of section
				  33-24-02-04 and are also of the
				  same type as the universal wastes defined in section
				  33-24-01-04; or
b. Conditionally exempt small quantity
				  generator wastes that are exempt under section
				  33-24-02-05 and are also of the
				  same type as the universal wastes defined in section
				  33-24-01-04.
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 › UNIVERSAL WASTE › Section 33-24-05-709 - Definitions

Current through Supplement No. 393, July, 2024
Terms that are defined in sections
					 33-24-01-04 and
					 33-24-02-01 and 33-24-05 have the
					 same meanings when used in sections 33-24-05-700 through 33-24-05-799.
1. "Ampule" means an airtight vial made of
				  glass, plastic, metal, or any combination of these materials.
2. "FIFRA" means the Federal Insecticide,
				  Fungicide and Rodenticide Act [
				  7 United States Code
				  136 -
				  136y ].
3. "Large quantity handler of universal
				  waste" means a universal waste handler (as defined in section
				  33-24-01-04) who accumulates five
				  thousand kilograms or more total of universal waste (batteries, pesticides,
				  lamps, or mercury containing equipment, calculated collectively) at any time.
				  This designation as a large quantity handler of universal waste is retained
				  through the end of the calendar year in which five thousand kilogram limit is
				  met or exceeded.
4. "Small quantity
				  handler of universal waste" means a universal waste handler (as defined in
				  section 33-24-01-04) who does not
				  accumulate five thousand kilograms or more total of universal waste (batteries,
				  pesticides, lamps, or mercury containing equipment, calculated collectively) at
				  any time.
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 › UNIVERSAL WASTE › Section 33-24-05-710 - Applicability - Small quantity handlers of universal waste

Current through Supplement No. 393, July, 2024
Sections
					 33-24-05-710 through
					 33-24-05-720 apply to small
					 quantity handlers of universal 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 33-24-05 - 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 33-24-05-711 - Prohibitions

Current through Supplement No. 393, July, 2024
A small 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
				  33-24-05-717; or by managing
				  specific wastes as provided in section
				  33-24-05-713.
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 › UNIVERSAL WASTE › Section 33-24-05-712 - Notification

Current through Supplement No. 393, July, 2024
A small quantity handler of universal waste is not
					 required to notify the department of universal waste handling activities.
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 › UNIVERSAL WASTE › Section 33-24-05-713 - Waste management

Current through Supplement No. 393, July, 2024
1.
Universal
				  waste batteries
. A small 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 small 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 small 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 small 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
				  33-24-02-10 through
				  33-24-02-14.
(1) If the electrolyte or other solid waste,
				  or both, exhibit a characteristic of hazardous waste, it is subject to all
				  applicable requirements of 33-24-01 through 33-24-04, 33-24-06, sections
				  33-24-05-01 through 33-24-05-559,
				  and 33-24-05-800 through
				  33-24-05-1149. The handler is considered the generator of the hazardous
				  electrolyte or other hazardous waste, or both, and is subject to the
				  requirements of 33-24-03.
(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 - 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 › UNIVERSAL WASTE › Section 33-24-05-714 - Labeling and marking

Current through Supplement No. 393, July, 2024
A small 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)", "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
				  33-24-05-703 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 - 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 › UNIVERSAL WASTE › Section 33-24-05-715 - Accumulation time limits

Current through Supplement No. 393, July, 2024
1. A small
				  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 small 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 small quantity handler of universal
				  waste who accumulates 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 device)
				  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 - 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 › UNIVERSAL WASTE › Section 33-24-05-716 - Employee training

Current through Supplement No. 393, July, 2024
A small quantity handler of universal waste shall inform
					 all employees who handle or have responsibility for managing universal waste.
					 The information must describe proper waste handling and emergency procedures
					 appropriate for the type or types of universal waste handled at the facility.
General Authority: NDCC 23-20.3-03
Law Implemented: NDCC 23-20.3-03,
						23-20.3-04