North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-03 - Standards for Generators › Section 33.1-24-03-28 - Conditions for exemption for a small quantity generator that accumulates hazardous waste

Current through Supplement No. 393, July, 2024
A small quantity generator may accumulate hazardous waste
				  onsite without a permit or interim status, and without complying with the
				  requirements of sections 33.1-24-05-01 through 33.1-24-05-249, sections
				  33.1-24-05-300 through 33.1-24-05-599, chapter 33.1-24-06, and chapter
				  33.1-24-07, provided that all the conditions for exemption listed in this
				  section are met:
1.
Generation.
The generator generates in a calendar month no more than the amounts
				specified in the definition of "small quantity generator" in section
				33.1-24-01-04.
2.
Accumulation.
The generator accumulates hazardous waste onsite for
				no more than one hundred eighty days, unless in compliance with the conditions
				for exemption for longer accumulation in subsections 11 and 12. The following
				accumulation conditions also apply:
a.
Accumulation limit.
The quantity of hazardous waste accumulated
				onsite never exceeds six thousand kilograms [13,200 pounds];
b.
Accumulation of hazardous waste in
				containers.
Hazardous waste accumulated in containers must meet these
				requirements:
(1) If a container holding
				hazardous waste is not in good condition, or if it begins to leak, the small
				quantity generator must immediately transfer the hazardous waste from this
				container to a container that is in good condition, or immediately manage the
				waste in some other way that complies with the conditions for exemption of this
				section.
(2) The small quantity
				generator shall use a container made of or lined with materials that will not
				react with, and are otherwise compatible with, the hazardous waste to be
				accumulated, so that the ability of the container to contain the waste is not
				impaired.
(3) A container holding
				hazardous waste must always be closed during accumulation, except when it is
				necessary to add or remove waste.
(4) A container holding hazardous waste must
				not be opened, handled, or accumulated in a manner that may rupture the
				container or cause it to leak.
(5)
				At least weekly, the small quantity generator shall inspect central
				accumulation areas. The small quantity generator shall look for leaking
				containers and for deterioration of containers caused by corrosion or other
				factors. See subparagraph 1 for remedial action required if deterioration or
				leaks are detected.
(6)
				Incompatible wastes, or incompatible wastes and materials, (see appendix III of
				chapter 33.1-24-05 for examples) must not be placed in the same container,
				unless subsection 2 of section 33.1-24-05-08 is complied with.
(7) Hazardous waste must not be placed in an
				unwashed container that previously held an incompatible waste or material (see
				appendix III of chapter 33.1-24-05 for examples), unless subsection 2 of
				section 33.1-24-05-08 is complied with.
(8) A container accumulating hazardous waste
				that is incompatible with any waste or other materials accumulated or stored
				nearby in other containers, piles, open tanks, or surface impoundments must be
				separated from the other materials or protected from them by means of a dike,
				berm, wall, or other device.