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 › STANDARDS FOR FACILITIES OPERATING UNDER A STANDARDIZED PERMIT › Appendix XXIV - Methods Manual for Compliance With the Boiler and Industrial Furnace Regulations

Current through Supplement No. 393, July, 2024
The Methods Manual for Compliance With the Boiler and
					 Industrial Furnace Regulations is incorporated by reference in its entirety
					 from Appendix IX to 40 Code of Federal Regulations Part 266, effective April
					 17, 2015.
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 › STANDARDS FOR FACILITIES OPERATING UNDER A STANDARDIZED PERMIT › Appendix XXV - 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 › STANDARDS FOR FACILITIES OPERATING UNDER A STANDARDIZED PERMIT › Appendix XXVI - Lead-Bearing Materials That May Be Processed in Exempt Lead Smelters

Current through Supplement No. 393, July, 2024
A. Exempt Lead-Bearing Materials When
							 Generated or Originally Produced by Lead-Associated
							 Industries1
1.
Acid dump/fill solids
2.
Sump mud
3.
Materials from laboratory analyses
4.
Acid filters
5.
Baghouse bags
6.
Clothing (for example, coveralls, aprons, shoes, hats,
							 gloves)
7.
Sweepings
8.
Air filter bags and cartridges
9.
Respiratory cartridge filters
10.
Shop abrasives
11.
Stacking boards
12.
Waste shipping containers (for example, cartons, bags,
							 drums, cardboard)
13.
Paper hand towels
14.
Wiping rags and sponges
15.
Contaminated pallets
16.
Water treatment sludges, filter cakes, residues, and
							 solids
17.
Emission control dusts, sludges, filter cakes,
							 residues, and solids from lead-associated
industries (for example, K069 and D008 wastes)
18.
Spent grids, posts, and separators
19.
Spent batteries
20.
Lead oxide and lead oxide residues
21.
Lead plates and groups
22.
Spent battery cases, covers, and vents
23.
Pasting belts
24.
Water filter media
25.
Cheesecloth from pasting rollers
26.
Pasting additive bags
27.
Asphalt paving materials
1 Lead - a ssociated
							 industries are lead smelters, lead - acid battery manufacturing, and lead
							 chemical manufacturing (for example, manufacturing of lead oxide or other lead
							 compounds).
B.
Exempt Lead-Bearing Materials When Generated or
							 Originally Produced by Any Industry
1.
Charging jumpers and clips
2.
Platen abrasive
3.
Fluff from lead wire and cable casings
4.
Lead-based pigments and compounding pigment dust
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 › STANDARDS FOR FACILITIES OPERATING UNDER A STANDARDIZED PERMIT › Appendix XXVII - Nickel or Chromium-Bearing Materials That May Be Processed in Exempt Nickel-Chromium Recovery Furnaces

Current through Supplement No. 393, July, 2024
A. Exempt Nickel or Chromium-Bearing
							 Materials when Generated by Manufacturers or Users of Nickel, Chromium, or
							 Iron
1.
Baghouse bags
2.
Raney nickel catalyst
3.
Floor sweepings
4.
Air filters
5.
Electroplating bath filters
6.
Wastewater filter media
7.
Wood pallets
8.
Disposable clothing (coveralls, aprons, hats, and
							 gloves)
9.
Laboratory samples and spent chemicals
10.
Shipping containers and plastic liners from containers
							 or vehicles used to transport nickel or chromium-containing wastes
11.
Respirator cartridge filters
12.
Paper hand towels
B. Exempt Nickel or Chromium-Bearing
							 Materials When Generated by Any Industry
1.
Electroplating wastewater treatment sludges
							 (F006)
2.
Nickel and/or chromium-containing solutions
3.
Nickel, chromium, and iron catalysts
4.
Nickel-cadmium and nickel-iron batteries
5.
Filter cake from wet scrubber system water treatment
							 plants in the specialty steel industry
6.
Filter cake from nickel-chromium alloy pickling
							 operations
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 › STANDARDS FOR FACILITIES OPERATING UNDER A STANDARDIZED PERMIT › Appendix XXVIII - Mercury-Bearing Wastes That May Be Processed in Exempt Mercury Recovery Units

Current through Supplement No. 393, July, 2024
These are exempt mercury-bearing materials with less than
					 five hundred parts per million of appendix V of chapter 33.1-24-02 organic
					 constituents when generated by manufacturers or users of mercury or mercury
					 products.
1. Activated carbon.
2. Decomposer graphite.
3. Wood.
4. Paper.
5. Protective clothing.
6. Sweepings.
7. Respiratory cartridge filters.
8. Cleanup articles.
9. Plastic bags and other contaminated containers.
10. Laboratory and process control samples.
11. K106 and other wastewater treatment plant sludge and
					 filter cake.
12. Mercury cell sump and tank sludge.
13. Mercury cell process solids.
14. Recoverable levels of mercury contained in soil.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-06 - Permits › Section 33.1-24-06-01 - Application for a permit

Current through Supplement No. 393, July, 2024
1.
Permit application.
Any person who is required to have a permit
				(including new applicants and permittees with expiring permits) shall complete,
				sign, and submit an application to the department as described in this section
				and section
				33.1-24-06-17.
				Persons currently authorized with interim status shall apply for permits when
				required by the department. Persons covered by permits by rule (section
				33.1-24-06-18)
				need not apply. Procedures for applications, issuance, and administration of
				emergency permits are found exclusively in section
				33.1-24-06-19.
				Procedures for application, issuance, and administration of research,
				development, and demonstration permits are found exclusively in section
				33.1-24-06-20.
				Treatment, storage, and disposal facilities that are otherwise subject to
				permitting and that meet the criteria in subdivision a or subdivision b may be
				eligible for a standardized permit under sections
				33.1-24-06-45
				through
				33.1-24-06-85.
				Procedures for application and issuance of standardized permits are found in
				sections
				33.1-24-07-40
				through
				33.1-24-07-54,
				and sections
				33.1-24-06-45
				through
				33.1-24-06-85.
a. The facility generates hazardous waste and
				then nonthermally treats, or stores hazardous waste onsite in tanks,
				containers, or containment buildings; or
b. The facility receives hazardous waste
				generated offsite by a generator under the same ownership as the receiving
				facility, and then stores, or nonthermally treats the hazardous waste in
				containers, tanks, or containment buildings.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-06 - Permits › Section 33.1-24-06-02 - Continuation of expiring permits

Current through Supplement No. 393, July, 2024
1. The conditions
				of an expired permit (including expired permits issued by the environmental
				protection agency) continue in force until the effective date of a new permit
				if:
a. The permittee has submitted a timely
				application which is a complete application for a new permit; and
b. The department, through no fault of the
				permittee, does not issue a new permit with an effective date on or before the
				expiration date of the previous permit (for example, when issuance is
				impractical due to time or resource constraints).
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-06 - Permits › Section 33.1-24-06-03 - Signatories to permit applications and reports

Current through Supplement No. 393, July, 2024
1.
Applications.
All hazardous waste permit applications must be
				signed as follows:
a. For a corporation: by a
				responsible corporate officer. For the purpose of this section a responsible
				corporate officer means:
(1) A president,
				secretary, treasurer, or vice president of the corporation in charge of a
				principal business function, or any other person who performs similar policy or
				decisionmaking functions for the corporation; or
(2) The manager of one or more manufacturing,
				production, or operating facilities employing more than two hundred fifty
				persons or having gross annual sales or expenditures exceeding twenty-five
				million dollars (in second quarter 1980 dollars), if authority to sign
				documents has been assigned or delegated to the manager in accordance with
				corporate procedures.
NOTE: The department does not require specific assignments or
				  delegations of authority to responsible corporate officers identified in
				  paragraph 1. The department will presume that these responsible corporate
				  officers have the requisite authority to sign permit applications unless the
				  corporation has notified the department to the contrary. Corporate procedures
				  governing authority to sign permit applications may provide for assignment or
				  delegation to applicable corporate positions under paragraph 2 rather than to
				  specific individuals.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-06 - Permits › Section 33.1-24-06-05 - Establishing permit conditions

Current through Supplement No. 393, July, 2024
1. In addition to
				conditions required in all permits (section
				33.1-24-06-04), the department
				shall establish conditions in permits, as required on a case-by-case basis,
				under section
				33.1-24-06-06 (duration of
				permits), subsection 1 of section
				33.1-24-06-07 (schedules of
				compliance), and section
				33.1-24-06-08
				(monitoring).
2. Additional permit
				conditions.
a. Each hazardous waste permit
				shall include permit conditions necessary to achieve compliance with North
				Dakota Century Code chapter 23.1-04 and rules, including each of the applicable
				requirements specified in 33.1-24-05. In satisfying this provision, the
				department may incorporate applicable requirements of 33.1-24-05 directly into
				the permit or establish other permit conditions that are based on this
				chapter.
b. Each permit issued
				shall contain terms and conditions as the department determines necessary to
				protect human health and the environment.
c. If, as the result of assessments of other
				information, the department determines that conditions are necessary in
				addition to those required under 40 CFR parts 63, subpart EEE, 33.1-24-05 to
				ensure protection of human health and the environment, the department shall
				include those terms and conditions in a hazardous waste permit for a hazardous
				waste combustion unit.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-06 - Permits › Section 33.1-24-06-06 - Duration and scope of permits

Current through Supplement No. 393, July, 2024
1. Hazardous waste
				permits are effective for a fixed term of five years. Every five years permits
				must be modified as necessary to assure that the facility continues to comply
				with the currently applicable requirements of North Dakota Century Code
				sections 23.1-04-05 and 23.1-04-08, and take into account improvements in
				technology as well as applicable rules.
2. Except as provided in section
				33.1-24-06-02, the term of a
				permit may not be extended by modification beyond the maximum duration
				specified in this section.
General Authority:
NDCC 23.1-04-03; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03, 23.1-04-08;
					 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 33.1-24-06 - Permits › Section 33.1-24-06-07 - Schedules of compliance

Current through Supplement No. 393, July, 2024
1. The permit may,
				when appropriate, specify a schedule of compliance leading to compliance with
				North Dakota Century Code chapter 23.1-04 and its regulations.
a. Time for compliance. Any schedules of
				compliance under this section must require compliance as soon as
				possible.
b. Interim dates. Except
				as provided in paragraph 2 of subdivision a of subsection 2, if a permit
				establishes a schedule of compliance which exceeds one year from the date of
				permit issuance, the schedule must set forth interim requirements and the dates
				for their achievement.
(1) The time between
				interim dates may not exceed one year.
(2) If the time necessary for completion of
				any interim requirements (such as the construction of a control facility) is
				more than one year and is not readily divisible into stages for completion, the
				permit must specify interim dates for the submission of reports of progress
				toward completion of the interim requirements and indicate a projected
				completion date.
c.
				Reporting. The permit must be written to require that no later than fourteen
				days following each interim date and the final date of compliance, the
				permittee shall notify the department in writing of the permittee's compliance
				or noncompliance with the interim or final requirements.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-06 - Permits › Section 33.1-24-06-08 - Requirements for recording and reporting of monitoring results

Current through Supplement No. 393, July, 2024
All permits shall specify:
1. Requirements concerning the proper use,
				maintenance, and installation, when appropriate, of monitoring equipment or
				methods (including biological monitoring methods when appropriate);
2. Required monitoring including type,
				intervals, and frequency sufficient to yield data which are representative of
				the monitored activity including, when appropriate, continuous monitoring;
				and
3. Applicable reporting
				requirements based upon the impact of the regulated activity and as specified
				in chapter 33.1-24-05. Reporting must be no less frequent than specified in
				that chapter.
General Authority:
NDCC 23.1-04-03; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03, 23.1-04-05,
					 23.1-04-08; 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 33.1-24-06 - Permits › Section 33.1-24-06-09 - Considerations under other state and federal laws

Current through Supplement No. 393, July, 2024
Permits must be issued in a manner and must contain
				  conditions consistent with requirements of other applicable laws of this state
				  and the federal government.
General Authority:
NDCC 23.1-04-03; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03, 23.1-04-05,
					 23.1-04-08; 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 33.1-24-06 - Permits › Section 33.1-24-06-10 - Effect of a permit

Current through Supplement No. 393, July, 2024
1. Compliance with
				a hazardous waste permit.
a. Compliance with
				a hazardous waste permit during its term constitutes compliance, for purposes
				of enforcement, with North Dakota Century Code chapter 23.1-04 except for those
				requirements not included in the permit which:
(1) Become effective by statute;
(2) Are promulgated under sections
				33.1-24-05-250 through
				33.1-24-05-299 restricting the
				placement of hazardous wastes in or on the land;
(3) Are promulgated under sections
				33.1-24-05-01 through
				33.1-24-05-190,
				33.1-24-05-300 through
				33.1-24-05-524,
				33.1-24-05-550 through
				33.1-24-05-559, and
				33.1-24-05-800 through
				33.1-24-05-819 regarding leak
				detection systems for new and replacement surface impoundment, waste pile, and
				landfill units, and lateral expansions of surface impoundment, waste pile, and
				landfill units. The leak detection system requirements include double liners,
				construction quality assurance (CQA) programs, monitoring, action leakage
				rates, and response action plans, and will be implemented through the
				procedures of section
				33.1-24-06-14 class 1 permit
				modifications; or
(4) Are
				promulgated under subparts AA, BB, or CC of 40 CFR part 265 limiting air
				emissions, as incorporated by reference in subsection 5 of section
				33.1-24-06-16.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-06 - Permits › Section 33.1-24-06-11 - Transfer of permits

Current through Supplement No. 393, July, 2024
1. A permit may be
				transferred by the permittee to a new owner or operator only if the permit has
				been modified or revoked and reissued (under subsection 2 or subdivision b of
				subsection 2 of section
				33.1-24-06-12) to identify the
				new permittee and incorporate such other requirements as may be
				necessary.
2. Changes in the
				ownership or operational control of a facility may be made as a class 1
				modification with prior written approval of the department in accordance with
				section 33.1-24-06-14 or as a routine
				change with prior approval under section
				33.1-24-07-53. The new owner or
				operator must submit a revised permit application no later than ninety days
				prior to a scheduled change. A written agreement containing a specific date for
				transfer of permit responsibility between the current and new permittees must
				also be submitted to the department. When a transfer of ownership or
				operational control occurs, the old owner or operator shall comply with the
				requirements of sections
				33.1-24-05-74 through
				33.1-24-05-88 (financial
				requirements) until the new owner or operator has demonstrated that the owner
				or operator is complying with the requirements of those sections. The new owner
				or operator must demonstrate compliance with sections
				33.1-24-05-74 through
				33.1-24-05-88 requirements
				within six months of the date of the change of ownership or operational control
				of the facility. Upon demonstration to the department by the new owner or
				operator of compliance with sections
				33.1-24-05-74 through
				33.1-24-05-88, the department
				shall notify the old owner or operator that the owner or operator no longer
				needs to comply with sections
				33.1-24-05-74 through
				33.1-24-05-88 as of the date of
				demonstration.
General Authority:
NDCC 23.1-04-03; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03, 23.1-04-05,
					 23.1-04-08; 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 33.1-24-06 - Permits › Section 33.1-24-06-13 - Termination of permits and permit denial

Current through Supplement No. 393, July, 2024
1.
Termination of permits.
a. The
				following are causes for terminating a permit during its term, or for denying a
				permit renewal application:
(1) Noncompliance
				by the permittee with any condition of the permit;
(2) The permittee's failure in the
				application or during the permit issuance process to disclose fully all
				relevant factors or the permittee's misrepresentation of any relevant facts at
				any time; or
(3) A determination
				that the permitted activity endangers human health or the environment and can
				only be regulated to acceptable levels by permit modification or
				termination.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-06 - Permits › Section 33.1-24-06-14 - Permit modification at the request of the permittee

Current through Supplement No. 393, July, 2024
1.
Class 1
				modifications.
a. Except as provided
				in subdivision b, the permittee may put into effect class 1 modifications
				listed in appendix I of this section under the following conditions:
(1) The permittee must notify the department
				concerning the modification by certified mail or other means that establish
				proof of delivery within seven calendar days after the change is put into
				effect. This notice must specify the changes being made to permit conditions or
				supporting documents referenced by the permit and must explain why they are
				necessary. Along with the notice, the permittee must provide applicable
				information required by section
				33.1-24-06-17 and subsections 2
				and 3 of section
				33.1-24-06-19.
(2) The permittee must send a notice of the
				modification to all persons on the facility mailing list, maintained by the
				department in accordance with 33.1-24-07, and the appropriate units of state
				and local governments, as specified in section
				33.1-24-07-06. This notification
				must be made within ninety calendar days after the change is put into effect.
				For the class 1 modifications that require prior department approval, the
				notification must be made within ninety calendar days after the department
				approves the request.
(3) Any
				person may request the department to review, and the department may for cause
				reject, any class 1 modification. The department must inform the permittee by
				certified mail that a class 1 modification has been rejected, explaining the
				reasons for the rejection. If a class 1 modification has been rejected, the
				permittee must comply with the original permit conditions.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-06 - Permits › Section 33.1-24-06-15 - Noncompliance and program reporting by the department

Current through Supplement No. 393, July, 2024
The department shall submit any reports required under this
				  section to the environmental protection agency regional administrator. For
				  purposes of this section only, hazardous waste permittees includes facilities
				  with operating status defined by subsection 5 of section
				  33.1-24-06-16, when
				  appropriate.
1.
Quarterly
				reports.
The department shall submit quarterly narrative reports for
				major facilities as follows:
a. Format. The
				report must use the following format:
(1) An
				alphabetized list by permittee name. When two or more permittees have the same
				name, the lowest permit number must be entered first.
(2) For each entry on a list, include the
				following information in the following order:
(a) Name, location, and permit number of the
				noncomplying permittee.
(b) A brief
				description and date of each instance of noncompliance for that permittee.
				Instances of noncompliance may include one or more of the kinds set forth in
				subdivision b.
(c) The dates and a
				brief description of the actions taken by the department to ensure
				compliance.
(d) Status of the
				instances of noncompliance with the date of the review of the status or the
				date of resolution.
(e) Any details
				which tend to explain or mitigate the instances of noncompliance.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-06 - Permits › Section 33.1-24-06-16 - Operating status prior to the final administrative disposition of the permit application

Current through Supplement No. 393, July, 2024
1.
				[Reserved].
2.
				[Reserved].
3.
				[Reserved].
4.
				[Reserved].
5. During operating
				status prior to final administrative disposition of the permit application,
				owners or operators shall comply with the federal interim status standards, 40
				CFR part 265 and subpart G of part 270, effective February 7, 2020.
6. Operating status prior to final
				administrative disposition of the permit application terminates when:
a. Final administrative disposition of a
				permit application, except an application for a remedial action plan under
				sections
				33.1-24-06-30
				through
				33.1-24-06-35,
				is made; or
b. Operating status
				prior to final administrative disposition of the permit application is
				terminated as provided in paragraph 5 of subdivision a of subsection 7 of
				section
				33.1-24-06-01.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-06 - Permits › Section 33.1-24-06-18 - Permits by rule

Current through Supplement No. 393, July, 2024
Notwithstanding any other provision of this chapter or
				  chapter 33.1-24-07, the following are deemed to have a hazardous waste permit
				  if the conditions listed are met:
1.
Injection wells.
The owner or operator of an injection well
				disposing of hazardous waste, if the owner or operator:
a. Has a permit for underground injection
				issued under 40 CFR part 144 or 145;
b. Complies with the conditions of that
				permit and the requirements of section
				33.1-25-01-18 (requirements for
				wells managing hazardous waste) of 33.1-25 (underground injection control);
				and
c. For underground injection
				control permits issued after November 8, 1984:
(1) Complies with section
				33.1-24-05-58; and
(2) Where the underground injection control
				well is the only unit at a facility which requires a hazardous waste permit,
				complies with subsection 4 of section
				33.1-24-06-17.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-06 - Permits › Section 33.1-24-06-19 - Special forms of permits

Current through Supplement No. 393, July, 2024
1.
Emergency
				permits.
Notwithstanding any other provisions of this chapter or chapter
				33.1-24-07, if the department finds an imminent and substantial endangerment to
				human health or the environment, the department may issue a temporary emergency
				permit to a nonpermitted facility to allow treatment, storage, or disposal of
				hazardous waste or a permitted facility to allow treatment, storage, or
				disposal of a hazardous waste not covered by an effective permit. This
				emergency permit:
a. May be oral or written.
				If oral, it shall be followed in five days by a written emergency
				permit;
b. May not exceed ninety
				days in duration;
c. Must clearly
				specify the hazardous wastes to be received and the manner and location of
				their treatment, storage, or disposal;
d. May be terminated by the department at any
				time without process if the department determines that termination is
				appropriate to protect human health and the environment;
e. Must be accompanied by a public notice
				published under subsection 2 of section
				33.1-24-07-06, including:
(1) Name and address of the office granting
				the emergency authorization;
(2)
				Name and location of the permitted hazardous waste management
				facility;
(3) A brief description
				of the wastes involved;
(4) A brief
				description of the action authorized and reasons for authorizing it;
				and
(5) Duration of the emergency
				permit; and
f. Must
				incorporate, to the extent possible and not inconsistent with the emergency
				situation, all applicable requirements of this chapter and
				33.1-24-05.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-06 - Permits › Section 33.1-24-06-20 - Research, development, and demonstration permits

Current through Supplement No. 393, July, 2024
1. The department
				may issue a research, development, and demonstration permit for any hazardous
				waste treatment facility which proposes to utilize an innovative and
				experimental hazardous waste treatment technology or process for which permit
				standards for such experimental activity have not been promulgated under
				sections
				33.1-24-05-01 through
				33.1-24-05-249,
				33.1-24-05-300 through
				33.1-24-05-559, and
				33.1-24-05-800 through
				33.1-24-05-929. Any such permit
				must include such terms and conditions as will assure protection of human
				health and the environment. Such permits:
a.
				Must provide for the construction of such facilities as necessary, and for
				operation of a facility for not longer than one year unless renewed as provided
				in subsection 4;
b. Must provide
				for the receipt and treatment by the facility of only those types and
				quantities of hazardous waste which the department deems necessary for purposes
				of determining the efficacy and performance capabilities of the technology or
				process and the effects of such technology on human health and the environment;
				and
c. Must include such
				requirements as the department deems necessary to protect human health and the
				environment, including requirements regarding monitoring, operation, financial
				responsibility, closure, and remedial action, and such requirements as the
				department deems necessary regarding testing and providing of information to
				the department with respect to the operation of the facility.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-06 - Permits › Section 33.1-24-06-21 - Fees

Current through Supplement No. 393, July, 2024
The department may assess and collect reasonable fees for
				  activities associated with permit applications, and for the issuance,
				  modification, revocation and reissuance, termination, renewal, and transfer of
				  permits.
General Authority:
NDCC 23.1-04-03; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03, 23.1-04-05,
					 23.1-04-08, 23.1-04-09; 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 33.1-24-06 - Permits › Section 33.1-24-06-30 - Remedial action plan - General information

Current through Supplement No. 393, July, 2024
1. General
				information.
a. A remedial action plan is a
				special form of hazardous waste permit that an owner or operator may obtain,
				instead of a permit issued under sections
				33.1-24-06-01 through
				33.1-24-06-15,
				33.1-24-06-17,
				33.1-24-06-18, subsections 1
				through 4 of section
				33.1-24-06-19, and section
				33.1-24-06-20, to authorize the
				owner or operator to treat, store, or dispose of hazardous remediation waste
				(as defined in section
				33.1-24-01-04) at a remediation
				waste management site. A remedial action plan may only be issued for the area
				of contamination where the remediation wastes to be managed under the remedial
				action plan originated, or areas in close proximity to the contaminated area,
				except as allowed in limited circumstances under subsection 1 of section
				33.1-24-06-35.
b. The requirements in sections
				33.1-24-06-01 through
				33.1-24-06-15,
				33.1-24-06-17,
				33.1-24-06-18, subsections 1
				through 4 of section
				33.1-24-01-19, and section
				33.1-24-06-20 do not apply to
				remedial action plans unless those requirements for traditional hazardous waste
				permits are specifically required under sections 33.1-24-06-30 through
				33.1-24-06-35.
c. Notwithstanding any other provision of
				33.1-24-06 or 33.1-24-07, any document that meets the requirements in this
				section constitutes a hazardous waste permit under North Dakota Century Code
				section 23.1-04-08.
d. A remedial
				action plan may be:
(1) A stand-alone
				document that includes only the information and conditions required by sections
				33.1-24-06-30 through
				33.1-24-06-35; or
(2) Part or parts of another document that
				includes information or conditions, or both, for other activities at the
				remediation waste management site, in addition to the information and
				conditions required by sections 33.1-24-06-30 through
				33.1-24-06-35.
e. If the owner or operator is
				treating, storing, or disposing of hazardous remediation wastes as part of a
				cleanup compelled by federal or state cleanup authorities, the remedial action
				plan does not affect the owner's or operator's obligations under those
				authorities in any way.
f. If the
				owner or operator receives a remedial action plan at a facility operating under
				interim status, the remedial action plan does not terminate interim
				status.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-06 - Permits › Section 33.1-24-06-32 - Remedial action plan approval process

Current through Supplement No. 393, July, 2024
1. Completeness and
				technical review. The department will not issue a permit before receiving a
				complete application for a remedial action plan. An application for a remedial
				action plan is complete when the department receives an application form and
				any supplemental information which is completed to the department's
				satisfaction. The completeness of any application for a permit shall be judged
				independently of the status of any other permit application or permit for the
				same facility or activity. An application for a permit is complete
				notwithstanding the failure of the owner or operator to submit the exposure
				information described in subsection 10 of section
				33.1-24-06-01. The department
				may deny a permit for a remedial action plan before receiving a complete
				application for a permit.
a. If the
				department tentatively finds that a remedial action plan application includes
				all of the information required by subsection 4 of section
				33.1-24-06-31 and that the
				proposed remediation waste management activities meet the regulatory standards,
				the department may make a tentative decision to approve the remedial action
				plan application. The department will then prepare a draft remedial action plan
				and provide an opportunity for public comment before making a final decision on
				the remedial action plan application, according to sections
				33.1-24-06-30 through
				33.1-24-06-35.
b. If the department tentatively finds that
				the remedial action plan application does not include all of the information
				required by subsection 4 of section
				33.1-24-06-31 or that the
				proposed remediation waste management activities do not meet the regulatory
				standards, the department may request additional information or ask the owner
				or operator to correct deficiencies in the application. If the owner or
				operator fails or refuses to provide any additional information the department
				requests, or to correct any deficiencies in the remedial action plan
				application, the department may make a tentative decision to deny the remedial
				action plan application. After making this tentative decision, the department
				will prepare a notice of intent to deny the remedial action plan application
				("notice of intent to deny") and provide an opportunity for public comment
				before making a final decision on the remedial action plan application,
				according to the requirements in sections
				33.1-24-06-30 through
				33.1-24-06-35. The department
				may deny the remedial action plan application either in its entirety or in
				part.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-06 - Permits › Section 33.1-24-06-34 - Remedial action plan operations

Current through Supplement No. 393, July, 2024
1.
Recordkeeping requirements.
The owner or operator is required to
				keep records of:
a. All data used to complete
				remedial action plan applications and any supplemental information that the
				owner or operator submits for a period of at least three years from the date
				the application is signed; and
b.
				Any operating records and other records the department requires the owner or
				operator to maintain as a condition of the remedial action plan.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-06 - Permits › Section 33.1-24-06-35 - Remedial action plans for offsite locations

Current through Supplement No. 393, July, 2024
For offsite locations:
1. The owner or operator may request a
				remedial action plan for remediation waste management activities at a location
				removed from the area where the remediation wastes originated if the owner or
				operator believes such a location would be more protective than the
				contaminated area or areas in close proximity.
2. If the department determines that an
				alternative location, removed from the area where the remediation waste
				originated, is more protective than managing remediation waste at the area of
				contamination or areas in close proximity, then the department may approve a
				remedial action plan for this alternative location.
3. The owner or operator must request the
				remedial action plan, and the department will approve or deny the remedial
				action plan, according to the procedures and requirements in sections
				33.1-24-06-30 through
				33.1-24-06-35.
4. A remedial action
				plan for an alternative location must also meet the following requirements,
				which the department must include in the remedial action plan for such
				locations:
a. The remedial action plan for
				the alternative location must be issued to the person responsible for the
				cleanup from which the remediation wastes originated;
b. The remedial action plan is subject to the
				expanded public participation requirements in sections
				33.1-24-07-25 through
				33.1-24-07-27; and
c. The remedial action plan is subject to the
				public notice requirements in subsection 3 of section
				33.1-24-07-06.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-06 - Permits › Section 33.1-24-06-45 - Standardized permit - General information

Current through Supplement No. 393, July, 2024
A hazardous waste standardized permit is a special type of
				  permit that authorizes an owner or operator to manage hazardous waste. A
				  standardized permit is issued under sections
				  33.1-24-07-40 through
				  33.1-24-07-54 and sections
				  33.1-24-06-45 through
				  33.1-24-06-85.
General Authority:
NDCC 23.1-04-03; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03, 23.1-04-05,
					 23.1-04-08; 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 33.1-24-06 - Permits › Section 33.1-24-06-48 - Eligibility for a standardized permit

Current through Supplement No. 393, July, 2024
1. The owner or
				operator may be eligible for a standardized permit if the facility:
a. Generates hazardous waste and then stores
				or nonthermally treats the hazardous waste onsite in containers, tanks, or
				containment buildings; or
b.
				Receives hazardous waste generated offsite by a generator under the same
				ownership as the receiving facility, and then stores or nonthermally treats the
				hazardous waste in containers, tanks, or containment buildings.
c. The department will inform the owner or
				operator of eligibility when a decision is made on the permit
				application.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-06 - Permits › Section 33.1-24-06-52 - Conditions applicable to a standardized permit

Current through Supplement No. 393, July, 2024
The following requirements of chapter 33.1-24-06 apply to a
				  standardized permit:
1. Sections
				33.1-24-06-01,
				33.1-24-06-09,
				33.1-24-06-10,
				33.1-24-06-15,
				33.1-24-01-04, and subdivision a
				of subsection 3 of section
				33.1-24-01-05.
2. Section
				33.1-24-06-03, subsection 2 of
				section 33.1-24-06-13, and subsection 1
				of section
				33.1-24-06-17, and
				33.1-24-01-16.
3. Sections
				33.1-24-06-04,
				33.1-24-06-05,
				33.1-24-06-07, and
				33.1-24-06-08.
4. Sections
				33.1-24-06-11,
				33.1-24-06-12, and subsection 1
				of section
				33.1-24-06-13.
5. Sections
				33.1-24-06-02 and
				33.1-24-06-06.
6. Subsection 6 of section
				33.1-24-06-19.
7. Section
				33.1-24-06-16.
8. Sections
				33.1-24-06-45 through
				33.1-24-06-85.
General Authority:
NDCC 23.1-04-03; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03, 23.1-04-05,
					 23.1-04-08; 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 33.1-24-06 - Permits › Section 33.1-24-06-56 - Standardized permit application process

Current through Supplement No. 393, July, 2024
To apply for a standardized permit, the owner or operator
				  must follow the procedures in sections
				  33.1-24-07-40 through
				  33.1-24-07-54, and sections
				  33.1-24-06-45 through
				  33.1-24-06-85.
General Authority:
NDCC 23.1-04-03; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03, 23.1-04-05,
					 23.1-04-08; 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 33.1-24-06 - Permits › Section 33.1-24-06-57 - Standardized permit application

Current through Supplement No. 393, July, 2024
The information in subsections 1 through 10 will be the basis
				  of the standardized permit application. This information must be submitted to
				  the department when submitting a notice of intent under subsection 2 of section
				  33.1-24-07-42 requesting
				  coverage under a hazardous waste standardized permit:
1. The part A information described in
				subsection 1 of section
				33.1-24-06-17.
2. A meeting summary and other materials
				required by section
				33.1-24-07-25.
3. Documentation of compliance with the
				location standards of section
				33.1-24-05-968.
4. Information that allows the department to
				carry out obligations under other state and federal laws required in section
				33.1-24-06-09.
5. Solid waste management unit information
				required by subsection 4 of section
				33.1-24-06-17.
6. A certification meeting the requirements
				of section
				33.1-24-06-62, and an audit of
				the facility's compliance status with sections
				33.1-24-05-950 through
				33.1-24-05-1149 as required by
				section 33.1-24-06-62.
7. A closure plan prepared in accordance with
				sections
				33.1-24-05-1040 through
				33.1-24-05-1047.
8. The most recent closure cost estimate for
				the facility prepared under section
				33.1-24-05-1062, and a copy of
				the documentation required to demonstrate financial assurance under section
				33.1-24-05-1063. For a new
				facility, the required documentation must be compiled sixty days before the
				initial receipt of hazardous wastes.
9. If wastes generated offsite are managed,
				the waste analysis plan.
10. If
				waste generated from offsite are managed, documentation showing that the waste
				generator and the offsite facility are under the same ownership.
General Authority:
NDCC 23.1-04-03; S.L. 2017,
					 ch. 199, § 1
Law Implemented:
NDCC 23.1-04-03, 23.1-04-05,
					 23.1-04-08; 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 33.1-24-06 - Permits › Section 33.1-24-06-62 - Certification requirements

Current through Supplement No. 393, July, 2024
A signed certification based on an audit of the facility's
				  compliance with sections
				  33.1-24-05-950 through
				  33.1-24-05-1149 must be
				  submitted.
1. The certification must
				read: I certify under penalty of law that:
a.
				I have personally examined and am familiar with the report containing the
				results of an audit conducted of my facility's compliance status with sections
				33.1-24-05-950 through
				33.1-24-05-1149, which supports
				this certification. Based on my inquiry of those individuals immediately
				responsible for conducting the audit and preparing the report, I believe that
				(include paragraph 1 and 2, whichever applies):
(1) My existing facility complies with all
				applicable requirements of sections
				33.1-24-05-950 through
				33.1-24-05-1149 and will
				continue to comply until the expiration of the permit; or
(2) My facility has been designed, and will
				be constructed and operated to comply with all applicable requirements of
				sections
				33.1-24-05-950 through
				33.1-24-05-1149, and will
				continue to comply until expiration of the permit.
North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-06 - Permits › Section 33.1-24-06-65 - Recordkeeping requirements

Current through Supplement No. 393, July, 2024
The owner or operator must keep the following information at
				  the facility:
1. A general description
				of the facility.
2. Chemical and
				physical analyses of the hazardous waste and hazardous debris handled at the
				facility. At a minimum, these analyses must contain all the information for
				treating or storing the wastes properly under the requirements of sections
				33.1-24-05-950 through
				33.1-24-05-1149.
3. A copy of the waste analysis plan required
				by subsection 2 of section
				33.1-24-05-963.
4. A description of the security procedures
				and equipment required by section
				33.1-24-05-964.
5. A copy of the general inspection schedule
				required by subsection 2 of section
				33.1-24-05-965. The inspection
				schedule must include applicable requirements of sections
				33.1-24-05-1084,
				33.1-24-05-1103,
				33.1-24-05-1105,
				33.1-24-05-403,
				33.1-24-05-422,
				33.1-24-05-423,
				33.1-24-05-428, and
				33.1-24-05-458.
6. A justification of any modification of the
				preparedness and prevention requirements of sections
				33.1-24-05-980 through
				33.1-24-05-986.
7. A copy of the contingency plan required by
				sections
				33.1-24-05-990 through
				33.1-24-05-998.
8. A description of procedures, structures,
				or equipment used at the facility to:
a.
				Prevent hazards in unloading operations (for example, use ramps, special
				forklifts);
b. Prevent runoff from
				hazardous waste handling areas to other areas of the facility or environment,
				or to prevent flooding (for example, with berms, dikes, trenches);
c. Prevent contamination of water
				supplies;
d. Mitigate effects of
				equipment failure and power outages;
e. Prevent undue exposure of personnel to
				hazardous waste (for example, requiring protective clothing); and
f. Prevent releases to atmosphere.