reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-01 - General Provisions › Section 33-24-01-16 - Availability of information

Current through Supplement No. 393, July, 2024
All records related to this article not specifically
				  protected by state or federal law must be made available to the public in
				  accordance with the following provisions:
1.
Definitions.
For the purposes
				of this article:
a. "Record" means any
				document, writing, photograph, sound or magnetic recording, drawing, or other
				similar thing by which information has been preserved, from which the
				information can be retrieved and copied, and which is, was, or is alleged to be
				possessed by the department. The term includes informal writings (such as
				drafts and the like) and also includes information preserved in a form which
				must be translated or deciphered by machine in order to be intelligible to
				humans. The term includes documents and the like which were created or acquired
				by the department, its predecessors, its officers, and its employees by use of
				state funds or in the course of transacting official business. However, the
				term does not include materials which are legally owned by a department officer
				or employee in that person's purely personal capacity. Nor does the term
				include materials published by nonstate organizations which are readily
				available to the public, such as books, journals, and periodicals available
				through reference libraries, even if such materials are in the department's
				possession.
b. "Request" means a
				request to inspect or obtain a copy of one or more records.
c. "Requester" means any person who has
				submitted a request to the department.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-01 - General Provisions › Section 33-24-01-17 - Standards and criteria for nonwaste determinations

Current through Supplement No. 393, July, 2024
1. An applicant may apply to the department
				for a formal determination that a hazardous secondary material is not discarded
				and therefore not a solid waste. The determinations will be based on the
				criteria contained in subsections 2 or 3, as applicable. If an application is
				denied, the hazardous secondary material might still be eligible for a solid
				waste variance or exclusion (for example, one of the solid waste variances
				under section
				33-24-01-10).
2. The department may grant a nonwaste
				determination for hazardous secondary material which is reclaimed in a
				continuous industrial process if the applicant demonstrates that the hazardous
				secondary material is a part of the production process and is not discarded.
				The determination will be based on whether the hazardous secondary material is
				legitimately recycled as specified in section 33-24-01-19, and on the following
				criteria:
a. The extent that the management
				of the hazardous secondary material is part of the continuous primary
				production process and is not waste treatment;
b. Whether the capacity of the production
				process would use the hazardous secondary material in a reasonable time frame
				and ensure that the hazardous secondary material will not be abandoned (for
				example, based on past practices, market factors, the nature of the hazardous
				secondary material, or any contractual arrangements);
c. Whether the hazardous constituents in the
				hazardous secondary material are reclaimed rather than released to the air,
				water, or land at significantly higher levels from either a statistical, or
				from a health and environmental risk perspective than would otherwise be
				released by the production process; and
d. Other relevant factors that demonstrate
				the hazardous secondary material is not discarded including why the hazardous
				secondary material cannot meet, or should not have to meet, the conditions of
				an exclusion under section
				33-24-02-02 or
				33-24-02-04.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-01 - General Provisions › Section 33-24-01-18 - Notification requirements for hazardous secondary materials

Current through Supplement No. 393, July, 2024
1. Facilities managing hazardous secondary
				materials under section
				33-24-01-09, subdivision x, y, or
				z of subsection 1 of section
				33-24-02-04, must send a
				notification prior to operating under the regulatory provision and by March
				first of each even numbered year thereafter, to the department using
				department-approved forms that include the following information:
a. The name, address, and identification
				number (if applicable) of the facility;
b. The name and telephone number of a contact
				person;
c. The North American
				industry classification system code of the facility;
d. The regulation under which the hazardous
				secondary materials will be managed;
e. When the facility began or expects to
				begin managing the hazardous secondary materials in accordance with the
				regulation;
f. A list of hazardous
				secondary materials that will be managed according to the regulation (reported
				as the hazardous waste numbers that would apply if the hazardous secondary
				materials were managed as hazardous wastes);
g. For each hazardous secondary material,
				whether the hazardous secondary material, or any portion thereof, will be
				managed in a land-based unit;
h.
				The quantity of each hazardous secondary material to be managed annually;
				and
i. The certification (included
				in the department-approved form) signed and dated by an authorized
				representative of the facility.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-01 - General Provisions › Section 33-24-01-19 - Legitimate recycling of hazardous secondary materials

Current through Supplement No. 393, July, 2024
1. Recycling of hazardous secondary materials
				for the purpose of the exclusions or exemptions from the hazardous waste rules
				must be legitimate. Hazardous secondary material that is not legitimately
				recycled is discarded material and is a solid waste. In determining if their
				recycling is legitimate, persons must address all the requirements of this
				subsection.
a. Legitimate recycling must
				involve a hazardous secondary material that provides a useful contribution to
				the recycling process or to a product or intermediate of the recycling process.
				The hazardous secondary material provides a useful contribution if it:
(1) Contributes valuable ingredients to a
				product or intermediate;
(2)
				Replaces a catalyst or carrier in the recycling process;
(3) Is the source of a valuable constituent
				recovered in the recycling process;
(4) Is recovered or regenerated by the
				recycling process; or
(5) Is used
				as an effective substitute for a commercial product.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-02 - Identification and Listing of Hazardous Waste › Section 33-24-02-01 - Purpose and scope

Current through Supplement No. 393, July, 2024
1. This chapter
				identifies those solid wastes which are subject to regulation as hazardous
				wastes and which are subject to the notification requirements. In this chapter:
a. Sections
				33-24-02-01 through
				33-24-02-07 define the terms
				"solid waste" and "hazardous waste", identify those wastes which were excluded
				from regulation under 33-24-03 through 33-24-07, and establish special
				management requirements for hazardous waste produced by conditionally exempt
				small quantity generators and hazardous waste which is recycled.
b. Sections
				33-24-02-08 and
				33-24-02-09 set forth the criteria
				used to identify characteristics of hazardous waste and to list particular
				hazardous waste.
c. Sections
				33-24-02-10 through
				33-24-02-14 identify
				characteristics of hazardous waste.
d. Sections
				33-24-02-15 through
				33-24-02-19 list particular
				hazardous wastes.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-02 - Identification and Listing of Hazardous Waste › Section 33-24-02-02 - Definition of solid waste

Current through Supplement No. 393, July, 2024
1. A solid
				waste is:
a. Any discarded material that is
				not excluded by subsection 1 of section
				33-24-02-04 or that is not
				excluded by variance granted under sections
				33-24-01-09 and
				33-24-01-10 or that is not
				excluded by a nonwaste determination under sections
				33-24-01-09 and
				33-24-01-17.
b. A discarded
				material is any material which is:
(1)
				Abandoned, as explained in subsection 2;
(2) Recycled, as explained in subsection
				3;
(3) Considered inherently
				wastelike, as explained in subsection 4; or
(4) A military munition identified as a solid
				waste in section
				33-24-05-822.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-02 - Identification and Listing of Hazardous Waste › Section 33-24-02-05 - Special requirements for hazardous waste generated by conditionally exempt small quantity generators

Current through Supplement No. 393, July, 2024
1. A
				generator is a conditionally exempt small quantity generator in a calendar
				month if the generator generates no more than one hundred kilograms of
				hazardous waste in that month.
2.
				Except for those wastes identified in subsections 5, 6, 7, and 10, a
				conditionally exempt small quantity generator's hazardous wastes are not
				subject to regulation under chapters 33-24-03 through 33-24-07, and the
				notification requirements, provided the generator complies with the
				requirements of subsections 6, 7, and 10.
3. When making the quantity determinations,
				the generator must include all hazardous waste that it generates, except
				hazardous waste that:
a. Is exempt from
				regulation under subsections 3 through 7 of section
				33-24-02-04, subdivision c of
				subsection 1 of section
				33-24-02-06, or subsection 1 of
				section 33-24-02-07;
b. Is managed immediately upon generation
				only in onsite elementary neutralization units, wastewater treatment units, or
				totally enclosed treatment facilities as defined in section
				33-24-01-04;
c. Is recycled, without prior storage or
				accumulation, only in an onsite process subject to regulation under subdivision
				b of subsection 3 of section
				33-24-02-06;
d. Is used oil managed under the requirements
				of subdivision d of subsection 1 of section
				33-24-02-06 and sections
				33-24-05-600 through
				33-24-05-689;
e. Is spent lead-acid
				batteries managed under sections
				33-24-05-235 through 33-24-05-249;
				or
f. Is universal waste managed
				under subsection 5 of section
				33-24-02-06 and sections
				33-24-05-700 through 33-24-05-799.
g. Is a hazardous waste that is an unused
				commercial chemical product (listed in sections
				33-24-02-15 through
				33-24-02-19, or exhibiting one or
				more characteristics in sections
				33-24-02-10 through
				33-24-02-14) that is generated
				solely as a result of a laboratory clean-out conducted at an eligible academic
				entity pursuant to section 33-24-03-74. For purposes of this subdivision, the
				term eligible academic entity shall have the meaning as defined in section
				33-24-03-61.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-02 - Identification and Listing of Hazardous Waste › Section 33-24-02-07 - Residues of hazardous wastes in empty containers

Current through Supplement No. 393, July, 2024
1. Any hazardous waste remaining in either an
				empty container or an inner liner removed from an empty container, as defined
				in subsections 3, 4, and 5 of this section, is not subject to regulation under
				chapters 33-24-02 through 33-24-07 or to the notification requirements of
				section 33-24-03-03.
2. Any hazardous waste in either a container
				that is not empty or an inner liner removed from a container that is not empty,
				as defined in subsections 3, 4, and 5 of this section, is subject to regulation
				under 33-24-02 through 33-24-07 and to the notification requirements of section
				33-24-03-03.
3. A container or an inner liner removed from
				a container that has held any hazardous waste, except a waste that is a
				compressed gas or that is identified as an acute hazardous waste listed in
				section 33-24-02-16, or subsection 5 of
				section 33-24-02-18, is empty if:
a. All wastes have been removed that can be
				removed using the practices commonly employed to remove materials from that
				type of container, for example, pouring, pumping, and aspirating; and
b. One of the following:
(1) No more than two and one-half centimeters
				[1 inch] of residue remain on the bottom of the container or inner
				liner;
(2) No more than three
				percent by weight of the total capacity of the container remains in the
				container or inner liner if the container is less than or equal to one hundred
				nineteen gallons in size; or
(3) No
				more than three-tenths of one percent by weight of the total capacity of the
				container remains in the container or inner liner if the container is greater
				than one hundred nineteen gallons in size.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-02 - Identification and Listing of Hazardous Waste › Section 33-24-02-08 - Criteria for identifying the characteristics of hazardous waste

Current through Supplement No. 393, July, 2024
The department shall identify and define a characteristic of
				  hazardous waste in this chapter only upon determining that:
1. A solid waste that exhibits the
				characteristic may:
a. Cause, or
				significantly contribute to, an increase in mortality or an increase in serious
				irreversible, or incapacitating reversible, illness; or
b. Pose a substantial present or potential
				hazard to human health or the environment when it is improperly treated,
				stored, transported, disposed of, or otherwise managed; and
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-02 - Identification and Listing of Hazardous Waste › Section 33-24-02-09 - Criteria for listing hazardous waste

Current through Supplement No. 393, July, 2024
1. The department shall list a solid waste as
				a hazardous waste only upon determining that the solid waste meets one of the
				following criteria:
a. It exhibits any of the
				characteristics of hazardous waste identified in this chapter.
b. It has been found to be fatal to humans in
				low doses or, in the absence of data on human toxicity, it has been shown in
				studies to have an oral LD 50 toxicity (rat) of less than fifty milligrams per
				kilogram, and inhalation LC 50 toxicity (rat) of less than two milligrams per
				liter, or a dermal LD 50 toxicity (rabbit) of less than two hundred milligrams
				per kilogram or is otherwise capable of causing or significantly contributing
				to an increase in serious irreversible, or incapacitating reversible, illness.
				(Waste listed in accordance with these criteria will be designated acute
				hazardous waste.)
c. It contains
				any of the toxic constituents listed in appendix V and, after considering the
				following factors, the department concludes that the waste is not capable of
				posing a substantial present or potential hazard to human health or the
				environment when improperly treated, stored, transported, or disposed of or
				otherwise managed:
(1) The nature of the
				toxicity presented by the constituent;
(2) The concentration of the constituent in
				the waste;
(3) The potential of
				the constituent or any toxic degradation product of the constituent to migrate
				from the waste into the environment under the types of improper management
				considered in paragraph 7;
(4) The
				persistence of the constituent or any toxic degradation product of the
				constituent;
(5) The potential for
				the constituent or any toxic degradation product of the constituent to degrade
				into nonharmful constituents and the rate of degradation;
(6) The degree to which the constituent or
				any degradation product of the constituent bioaccumulates in ecosystems;
(7) The plausible types of
				improper management to which the waste could be subjected;
(8) The quantities of the waste generated at
				individual generation sites or on a statewide basis;
(9) The nature and severity of the human
				health and environmental damage that has occurred as a result of the improper
				management of wastes containing the constituent;
(10) Action taken by other governmental
				agencies or regulatory programs based on the health or environmental hazard
				posed by the waste or waste constituent; and
(11) Such other factors as may be
				appropriate.
Substances will be listed on appendix V only if they have
				  been shown in scientific studies to have toxic, carcinogenic, mutagenic or
				  teratogenic effects on human or other life forms. (Wastes listed in accordance
				  with these criteria will be designated toxic wastes.)
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-02 - Identification and Listing of Hazardous Waste › Section 33-24-02-10 - General characteristics of hazardous waste

Current through Supplement No. 393, July, 2024
1. A solid waste, as defined in section
				33-24-02-02, which is not excluded
				from regulation as a hazardous waste under subsection 2 of section
				33-24-02-04 is a hazardous waste
				if it exhibits any of the characteristics identified in this chapter. (Comment:
				Section 33-24-03-02 sets forth the
				generator's responsibility to determine whether the generator's waste exhibits
				one or more of the characteristics identified in this chapter.)
2. A hazardous waste which is identified by a
				characteristic in sections
				33-24-02-10 through
				33-24-02-14 is assigned every
				hazardous waste number that is applicable as set forth in this chapter. This
				number must be used in complying with the notification requirements and all
				applicable recordkeeping and reporting requirements under 33-24-03 through
				33-24-06.
3. For purposes of
				sections 33-24-02-10 through
				33-24-02-14, the department will
				consider a sample obtained using any of the applicable sampling methods
				specified in appendix I to be a representative sample within the meaning of
				33-24-01.
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 33-24-02 - Identification and Listing of Hazardous Waste › Section 33-24-02-12 - Characteristic of corrosivity

Current through Supplement No. 393, July, 2024
1. A solid
				waste exhibits the characteristic of corrosivity if a representative sample of
				the waste has either of the following properties:
a. It is aqueous and has a pH less than or
				equal to two or greater than or equal to twelve and five-tenths, as determined
				by a pH meter, using method 9040C in "Test Methods for Evaluating Solid Waste,
				Physical/Chemical Methods", environmental protection agency publication SW-846,
				as incorporated by reference in section
				33-24-01-05.
b. It is a liquid and corrodes steel (SAE
				1020) at a rate greater than six and thirty-five-hundredths millimeters [0.250
				inch] per year at a test temperature of fifty-five degrees Celsius [130 degrees
				Fahrenheit] as determined by the method 1110A in "Test Methods for Evaluating
				Solid Waste, Physical/Chemical Methods", environmental protection agency
				publication SW-846, and as incorporated by reference in section
				33-24-01-05.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-02 - Identification and Listing of Hazardous Waste › Section 33-24-02-13 - Characteristic of reactivity

Current through Supplement No. 393, July, 2024
1. A solid
				waste exhibits the characteristic of reactivity if a representative sample of
				the waste has any of the following properties:
a. It is normally unstable and readily
				undergoes violent change without detonating.
b. It reacts violently with water.
c. It forms potentially explosive mixtures
				with water.
d. When mixed with
				water, it generates toxic gases, vapors, or fumes in a quantity sufficient to
				present a danger to human health or the environment.
e. It is a cyanide-bearing or sulfide-bearing
				waste which, when exposed to pH conditions between two and twelve and
				five-tenths, can generate toxic gases, vapors, or fumes in a quantity
				sufficient to present a danger to human health or the environment.
f. It is capable of detonation or explosive
				reaction if it is subjected to a strong initiating source or if heated under
				confinement.
g. It is readily
				capable of detonation or explosive decomposition or reaction at standard
				temperature and pressure.
h. It is
				a forbidden explosive as defined in
				49 CFR
				173.54, or is a division 1.1, 1.2, or 1.3
				explosive as defined in 49
				CFR 173.50 and
				173.53.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-02 - Identification and Listing of Hazardous Waste › Section 33-24-02-15 - Lists of hazardous wastes

Current through Supplement No. 393, July, 2024
1. A solid
				waste is a hazardous waste if it is listed in sections
				33-24-02-15 through
				33-24-02-19, unless it has been
				excluded from these lists under section
				33-24-01-06 or
				33-24-01-08.
2. The department will indicate its basis for
				listing the classes or types of wastes listed in sections
				33-24-02-15 through
				33-24-02-19 by employing one or
				more of the following hazard codes:
Waste Type
Waste Hazard Code
Ignitable Waste
(I)
Corrosive Waste
(C)
Reactive Waste
(R)
Toxicity Characteristic Waste
(E)
Acute Hazardous Waste
(H)
Toxic Waste
(T)
Appendix IV identifies the constituent which caused the waste
				  to be listed as a toxicity characteristic waste (E) or toxic wastes (T) in
				  sections 33-24-02-16 and
				  33-24-02-17.
3. Each hazardous waste listed in sections
				33-24-02-15 through
				33-24-02-19 is assigned a
				hazardous waste number which precedes the name of the waste. The number must be
				used in complying with the notification requirements and certain recordkeeping
				and reporting requirements under 33-24-03 through 33-24-06.
4. The following hazardous wastes listed in
				section 33-24-02-16 are subject to the
				exclusion limits for acutely hazardous wastes established in section
				33-24-02-05: hazardous waste
				numbers F020, F021, F022, F023, F026, and F027.
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 33-24-02 - Identification and Listing of Hazardous Waste › Section 33-24-02-19 - Deletion of certain hazardous waste codes following equipment cleaning and replacement

Current through Supplement No. 393, July, 2024
1. Wastes
				from wood preserving processes at plants that do not resume or initiate use of
				chlorophenolic preservatives will not meet the listing definition of F032 once
				the generator has met all the requirements of subsections 2 and 3. These wastes
				may, however, continue to meet another hazardous waste listing description or
				may exhibit one or more of the hazardous waste characteristics.
2. Generators must either clean or replace
				all process equipment that may have come into contact with chlorophenolic
				formulations or constituents thereof, including, but not limited to, treatment
				cylinders, sumps, tanks, piping systems, drip pads, forklifts, and trams, in a
				manner that minimizes or eliminates the escape of hazardous waste or
				constituents, leachate, contaminated drippage, or hazardous waste decomposition
				products to the ground water, surface water, or atmosphere.
a. Generators shall do one of the following:
(1) Prepare and follow an equipment cleaning
				plan and clean equipment in accordance with this section;
(2) Prepare and follow an equipment
				replacement plan and replace equipment in accordance with this section;
				or
(3) Document cleaning and
				replacement in accordance with this section, carried out after termination of
				use of chlorophenolic preservatives.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-02 - Identification and Listing of Hazardous Waste › Section 33-24-02-22 - Reserved

Current through Supplement No. 393, July, 2024
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 33-24-02 - Identification and Listing of Hazardous Waste › Section 33-24-02-25 - Conditional exclusion for used, broken cathode ray tubes and processed cathode ray tube glass undergoing recycling

Current through Supplement No. 393, July, 2024
Used, broken cathode ray tubes are not solid wastes if they
				  meet the following conditions:
1.
				Prior to processing: These materials are not solid wastes if they are destined
				for recycling and if they meet the following requirements:
a. Storage. The broken cathode ray tubes must
				be either:
(1) Stored in a building with a
				roof, floor, and walls; or
(2)
				Placed in a container (for example, a package or a vehicle) that is
				constructed, filled, and closed to minimize releases to the environment of
				cathode ray tube glass (including fine solid materials).
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-02 - Identification and Listing of Hazardous Waste › Section 33-24-02-26 - Conditional exclusion for used, intact cathode ray tubes exported for recycling

Current through Supplement No. 393, July, 2024
Used, intact cathode ray tubes exported for recycling are not
				  solid wastes if they meet the notice and consent conditions of subdivision e of
				  subsection 1 of section 33-24-02-25, and if they are not speculatively
				  accumulated as defined in subdivision h of subsection 3 of section
				  33-24-02-01.
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 33-24-02 - Identification and Listing of Hazardous Waste › Section 33-24-02-27 - Notification and recordkeeping for used, intact cathode ray tubes exported for reuse

Current through Supplement No. 393, July, 2024
1. Cathode ray tube
				exporters who export used, intact cathode ray tubes for reuse shall send a
				notification to the department and the environmental protection agency. This
				notification may cover export activities extending over a twelve month or
				lesser period.
a. The notification must be in
				writing, signed by the exporter, and include the following information:
(1) Name, mailing address, telephone number,
				and identification number (if applicable) of the exporter of the used, intact
				cathode ray tubes;
(2) The
				estimated frequency or rate at which the used, intact cathode ray tubes are to
				be exported for reuse and the period of time over which cathode ray tubes are
				to be exported;
(3) The estimated
				total quantity of used, intact cathode ray tubes specified in
				kilograms;
(4) All points of entry
				to and departure from each transit country through which the used, intact
				cathode ray tubes will pass, a description of the approximate length of time
				the used, intact cathode ray tubes will remain in such country, and the nature
				of cathode ray tubes handling while there;
(5) A description of the means by which each
				shipment of the used, intact cathode ray tubes will be transported (for
				example, mode of transportation vehicle (air, highway, rail, water), type of
				container (for example, drums, boxes, tanks));
(6) The name and address of the ultimate
				destination facility or facilities where the used, intact cathode ray tubes
				will be reused, refurbished, distributed, or sold for reuse and the estimated
				quantity of used, intact cathode ray tubes to be sent to each facility, as well
				as the name of any alternate destination facility or facilities;
(7) A description of the manner in which the
				used, intact cathode ray tubes will be reused (including reuse after
				refurbishment) in the foreign country that will be receiving the used, intact
				cathode ray tubes; and
(8) A
				certification signed by the cathode ray tube exporter which states:
"I certify under penalty of law that the cathode ray tubes
				  described in this notice are intact and fully functioning or capable of being
				  functional after refurbishment and that the used cathode ray tubes will be
				  reused or refurbished and reused. I certify under penalty of law that I have
				  personally examined and am familiar with the information submitted in this and
				  all attached documents and that, based on my inquiry of those individuals
				  immediately responsible for obtaining the information, I believe that the
				  submitted information is true, accurate, and complete. I am aware that there
				  are significant penalties for submitting false information, including the
				  possibility of fine and imprisonment".
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-02 - Identification and Listing of Hazardous Waste › Section 33-24-02-33 - Applicability of financial requirements for management of excluded hazardous secondary materials

Current through Supplement No. 393, July, 2024
1. The requirements
				of sections 33-24-02-33 through 33-24-02-42 apply to owners or operators of
				reclamation and intermediate facilities managing hazardous secondary materials
				excluded under subdivision y of subsection 1 of section
				33-24-02-04, except as provided
				otherwise in this section.
2.
				Federal agencies and agencies of the government of the state of North Dakota
				are exempt from the financial assurance requirements of sections 33-24-02-33
				through 33-24-02-42.
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 33-24-02 - Identification and Listing of Hazardous Waste › Section 33-24-02-34 - Definitions of terms as used in sections 33-24-02-33 through 33-24-02-42

Current through Supplement No. 393, July, 2024
The terms defined in subsections 4, 6, 7, and 8 of section
				  33-24-05-75 have the same meaning
				  in sections 33-24-02-33 through 33-24-02-42.
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 33-24-02 - Identification and Listing of Hazardous Waste › Section 33-24-02-35 - Cost estimate for closure

Current through Supplement No. 393, July, 2024
1. The
				cost estimates for closure.
a. The owner or
				operator shall have a detailed written estimate, in current dollars, of the
				cost of disposing of any hazardous secondary material as listed or
				characteristic hazardous waste, and the potential cost of closing the facility
				as a treatment, storage, and disposal facility.
(1) The estimate must equal the cost of
				conducting the activities described in subsection 1 at the point when the
				extent and manner of the facility's operation would make these activities the
				most expensive; and
(2) The cost
				estimate must be based on the costs to the owner or operator of hiring a third
				party to conduct these activities. A third party is a party who is neither a
				parent nor a subsidiary of the owner or operator. (See definition of parent
				corporation in subsection 4 of section
				33-24-05-75.) The owner or
				operator may use costs for onsite disposal in accordance with applicable
				requirements if the owner or operator can demonstrate that onsite disposal
				capacity will exist at all times over the life of the facility.
(3) The cost estimate may not incorporate any
				salvage value that may be realized with the sale of hazardous secondary
				materials, or hazardous or nonhazardous wastes, facility structures or
				equipment, land, or other assets associated with the facility.
(4) The owner or operator may not incorporate
				a zero cost for hazardous secondary materials, or hazardous or nonhazardous
				wastes that might have economic value.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-02 - Identification and Listing of Hazardous Waste › Section 33-24-02-40 - Liability requirements

Current through Supplement No. 393, July, 2024
1. Coverage
				for sudden accidental occurrences. An owner or operator of a hazardous
				secondary material reclamation facility or an intermediate facility subject to
				financial assurance requirements under subparagraph f of paragraph 6 of
				subdivision y of subsection 1 of section
				33-24-02-04, or a group of such
				facilities, shall demonstrate financial responsibility for bodily injury and
				property damage to third parties caused by sudden accidental occurrences
				arising from operations of the facility or group of facilities. The owner or
				operator shall have and maintain liability coverage for sudden accidental
				occurrences in the amount of at least one million dollars per occurrence with
				an annual aggregate of at least two million dollars, exclusive of legal defense
				costs. This liability coverage may be demonstrated as specified in subdivision
				a, b, c, d, e, or f:
a. An owner or operator
				may demonstrate the required liability coverage by having liability insurance
				as specified in this subdivision.
(1) Each
				insurance policy must be amended by attachment of the hazardous secondary
				material facility liability endorsement, or evidenced by a certificate of
				liability insurance. The wording of the endorsement must be identical to the
				wording specified in subsection 8 of section 33-24-02-42. The wording of the
				certificate of insurance must be identical to the wording specified in
				subsection 9 of section 33-24-02-42. The owner or operator shall submit a
				signed duplicate original of the endorsement or the certificate of insurance to
				the department, and other state's agencies that regulate reclamation and
				intermediate facilities if the facilities are located in more than one state.
				If requested by the department, the owner or operator shall provide a signed
				duplicate original of the insurance policy.
(2) Each insurance policy must be issued by
				an insurer that, at a minimum, is licensed to transact the business of
				insurance, or eligible to provide insurance as an excess or surplus lines
				insurer, in one or more states.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-02 - Identification and Listing of Hazardous Waste › Section 33-24-02-41 - Incapacity of owners or operators, guarantors, or financial institutions

Current through Supplement No. 393, July, 2024
1. An owner or operator shall notify the
				department by certified mail of the commencement of a voluntary or involuntary
				proceeding under United States Code title 11 (bankruptcy), naming the owner or
				operator as debtor, within ten days after commencement of the proceeding. A
				guarantor of a corporate guarantee as specified in subsection 5 of section
				33-24-02-36 shall make such a notification if the owner or operator is named as
				debtor, as required under the terms of the corporate guarantee.
2. An owner or operator who fulfills the
				requirements of section 33-24-02-36 or 33-24-02-40 by obtaining a trust fund,
				surety bond, letter of credit, or insurance policy will be deemed to be without
				the required financial assurance or liability coverage in the event of
				bankruptcy of the trustee or issuing institution, or a suspension or revocation
				of the authority of the trustee institution to act as trustee or of the
				institution issuing the surety bond, letter of credit, or insurance policy to
				issue such instruments. The owner or operator shall establish other financial
				assurance or liability coverage within sixty days after such an
				event.
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 33-24-02 - Identification and Listing of Hazardous Waste › Section 33-24-02-42 - Wording of the instruments

Current through Supplement No. 393, July, 2024
1. Trust
				agreement and certification of acknowledgment.
a. A trust agreement for a trust fund as
				specified in subsection 1 of section 33-24-02-36 must be worded as follows,
				except that instructions in brackets are to be replaced with the relevant
				information and the brackets deleted.
TRUST AGREEMENT, the "AGREEMENT" entered into as of [date] by
				  and between [name of the owner or operator] a [name of state] [insert
				  "corporation" "partnership," "association" or "proprietorship"], the "GRANTOR,"
				  and [name of corporate trustee], [insert "incorporated in the state of
				  ____________ " or "a national bank"], the "TRUSTEE".
Whereas, the North Dakota department of health "DEPARTMENT" a
				  regulatory agency of the state of North Dakota, has established certain
				  regulations applicable to the GRANTOR requiring that an owner or operator of a
				  facility regulated 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
				  and 33-24-05-800 through 33-24-05-819
				  or subsection 5 of section
				  33-24-06-16, or satisfying the
				  conditions of the exclusion under subdivision y of subsection 1 of section
				  33-24-02-04 shall provide
				  assurance that funds will be available when needed for care of the facility
				  under sections
				  33-24-05-59 through 33-24-05-73 or
				  subsection 5 of section
				  33-24-06-16, as applicable,
Whereas, the GRANTOR has elected to establish a trust to
				  provide all or part of such financial assurance for the facilities identified
				  herein,
Whereas, the GRANTOR acting through its duly authorized
				  officers has selected the TRUSTEE to be the TRUSTEE under this AGREEMENT and
				  the TRUSTEE is willing to act as TRUSTEE,
Now, therefore, the GRANTOR and the TRUSTEE agree as
				  follows:
Section 1.
Definitions.
As used in this AGREEMENT:
(a) The term GRANTOR means the owner or
				operator who enters into this AGREEMENT and any successors or assigns of the
				GRANTOR.
(b) The term TRUSTEE means
				the TRUSTEE who enters into this AGREEMENT and any successor TRUSTEE.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-02 - Identification and Listing of Hazardous Waste › Section 33-24-02-50 - Applicability of requirements for use and management of containers

Current through Supplement No. 393, July, 2024
Sections 33-24-02-50 through 33-24-02-59 apply to hazardous
				  secondary materials excluded under the remanufacturing exclusion at subdivision
				  z of subsection 1 of section
				  33-24-02-04 and stored in
				  containers.
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 33-24-02 - Identification and Listing of Hazardous Waste › Section 33-24-02-51 - Condition of containers

Current through Supplement No. 393, July, 2024
If a container holding hazardous secondary material is not in
				  good condition (for example, severe rusting, apparent structural defects) or if
				  it begins to leak, the hazardous secondary material must be transferred from
				  this container to a container that is in good condition or managed in some
				  other way that complies with the requirements of this
				  chapter.
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 33-24-02 - Identification and Listing of Hazardous Waste › Section 33-24-02-52 - Compatibility of hazardous secondary materials with containers

Current through Supplement No. 393, July, 2024
The container must be made of or lined with materials that
				  will not react with, and are otherwise compatible with, the hazardous secondary
				  material to be stored, so that the ability of the container to contain the
				  material is not impaired.
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 33-24-02 - Identification and Listing of Hazardous Waste › Section 33-24-02-53 - Management of containers

Current through Supplement No. 393, July, 2024
1. A
				container holding hazardous secondary material must always be closed during
				storage, except when it is necessary to add or remove the hazardous secondary
				material.
2. A container holding
				hazardous secondary material must not be opened, handled, or stored in a manner
				that may rupture the container or cause it to leak.
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 33-24-02 - Identification and Listing of Hazardous Waste › Section 33-24-02-55 - Containment

Current through Supplement No. 393, July, 2024
1. Container storage areas must have a
				containment system that is designed and operated in accordance with subsection
				2.
2. A containment system must be
				designed and operated as follows:
a. A base
				must underlie the containers which is free of cracks or gaps and is
				sufficiently impervious to contain leaks, spills, and accumulated precipitation
				until the collected material is detected and removed;
b. The base must be sloped or the containment
				system must be otherwise designed and operated to drain and remove liquids
				resulting from leaks, spills, or precipitation, unless the containers are
				elevated or are otherwise protected from contact with accumulated
				liquids;
c. The containment system
				must have sufficient capacity to contain ten percent of the volume of
				containers or the volume of the largest container, whichever is
				greater.
d. Run-on into the
				containment system must be prevented unless the collection system has
				sufficient excess capacity in addition to that required in subdivision c to
				contain any run-on which might enter the system; and
e. Spilled or leaked material and accumulated
				precipitation must be removed from the sump or collection area in as timely a
				manner as is necessary to prevent overflow of the collection system.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-02 - Identification and Listing of Hazardous Waste › Section 33-24-02-56 - Special requirements for ignitable or reactive hazardous secondary material

Current through Supplement No. 393, July, 2024
Containers holding ignitable or reactive hazardous secondary
				  material must be located at least fifteen meters (fifty feet) from the
				  facility's property line.
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 33-24-02 - Identification and Listing of Hazardous Waste › Section 33-24-02-57 - Special requirements for incompatible materials

Current through Supplement No. 393, July, 2024
1. Incompatible materials must not be placed
				in the same container.
2. Hazardous
				secondary material must not be placed in an unwashed container that previously
				held an incompatible material.
3. A
				storage container holding a hazardous secondary material that is incompatible
				with any other materials stored nearby must be separated from the other
				materials or protected from them by means of a dike, berm, wall, or other
				device.
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 33-24-02 - Identification and Listing of Hazardous Waste › Section 33-24-02-59 - Air emission standards

Current through Supplement No. 393, July, 2024
The remanufacturer or other person that stores or treats the
				  hazardous secondary material shall manage all hazardous secondary material
				  placed in a container in accordance with the applicable requirements of
				  sections 33-24-02-170 through 33-24-02-214.
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 33-24-02 - Identification and Listing of Hazardous Waste › Section 33-24-02-60 - Applicability of tank requirements

Current through Supplement No. 393, July, 2024
Sections 33-24-02-60 through 33-24-02-74 apply to tank
				  systems for storing or treating hazardous secondary material excluded under the
				  remanufacturing exclusion at subdivision z of subsection 1 of section
				  33-24-02-04. Tank systems,
				  including sumps, as defined in section
				  33-24-01-04, which serve as part
				  of a secondary containment system to collect or contain releases of hazardous
				  secondary materials are exempted from the requirements in subsection 1 of
				  section 33-24-02-63.
General Authority:
NDCC
					 23-20.3-03
Law Implemented:
NDCC
					 23-20.3-03,
					 23-20.3-04