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 › LOW-LEVEL MIXED WASTES › Section 33-24-05-857 - Conditions to qualify for and maintain a storage and treatment exemption

Current through Supplement No. 393, July, 2024
1. For a generator's, treater's, or other
				  handler's low-level mixed waste to qualify for the exemption, the generator,
				  treater, or other handler must notify the department in writing by certified
				  delivery that the generator, treater, or other handler is claiming a
				  conditional exemption for the low-level mixed waste stored at the facility. The
				  dated notification must include the generator's, treater's, or other handler's
				  name, address, identification number, nuclear regulatory commission or nuclear
				  regulatory commission agreement state license number, the waste code or codes
				  and storage unit or units for which an exemption is being sought, and a
				  statement that the generator, treater, or other handler meets the conditions of
				  sections 33-24-05-850 through 33-24-05-929.
				  The notification must be signed by an authorized representative who certifies
				  that the information in the notification is true, accurate, and complete. The
				  generator, treater, or other handler must notify the department of the claim
				  either within ninety days of the effective date of this rule, or within ninety
				  days of when a storage unit is first used to store conditionally exempt
				  low-level mixed waste.
2. To
				  qualify for and maintain an exemption for low-level mixed waste, the generator,
				  treater, or other handler must:
a. Store
				  low-level mixed waste in tanks or containers in compliance with the
				  requirements of the generator's, treater's, or other handler's license that
				  apply to the proper storage of low-level radioactive waste (not including those
				  license requirements that relate solely to recordkeeping);
b. Store low-level mixed waste in tanks or
				  containers in compliance with chemical compatibility requirements of a tank or
				  container in section
				  33-24-05-96, or section
				  33-24-05-112;
c. Certify that facility personnel who manage
				  stored conditionally exempt low-level mixed waste are trained in a manner that
				  ensures that the conditionally exempt waste is safely managed and includes
				  training in chemical waste management and hazardous materials incidents
				  response that meets the personnel training standards found in subdivision c of
				  subsection 1 of section
				  33-24-05-07;
d. Conduct an inventory of the generator's,
				  treater's, or other handler's stored conditionally exempt low-level mixed waste
				  at least annually and inspect it at least quarterly for compliance with
				  sections 33-24-05-850 through 33-24-05-929;
				  and
e. Maintain an accurate
				  emergency plan and provide copies of the plan to all local authorities who may
				  have to respond to a fire, explosion, or release of hazardous waste or
				  hazardous constituents. The plan must describe emergency response arrangements
				  with local authorities; describe evacuation plans; list the names, addresses,
				  and telephone numbers of all facility personnel qualified to work with local
				  authorities as emergency coordinators; and list emergency equipment.