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 › LAND DISPOSAL RESTRICTIONS › Section 33.1-24-05-278 - Waste specific prohibitions - Newly identified organic toxicity characteristic wastes and newly listed coke byproduct and chlorotoluene production wastes

Current through Supplement No. 393, July, 2024
1. Effective
				  December 19, 1994, the wastes specified in section
				  33.1-24-02-17 as hazardous waste
				  numbers K141, K142, K143, K144, K145, K147, K148, K149, K150, and K151 are
				  prohibited from land disposal. In addition, debris contaminated with hazardous
				  waste numbers F037, F038, K107 through K112, K117, K118, K123 through K126,
				  K131, K132, K136, U328, U353, U359, and soil and debris contaminated with D012
				  through D043, K141 through K145, and K147 through K151 are prohibited from land
				  disposal. The following wastes that are specified in section
				  33.1-24-02-14, table 1, as
				  hazardous waste numbers: D012, D013, D014, D015, D016, D017, D018, D019, D020,
				  D021, D022, D023, D024, D025, D026, D027, D028, D029, D030, D031, D032, D033,
				  D034, D035, D036, D037, D038, D039, D040, D041, D042, and D043 that are not
				  radioactive, or that are managed in systems other than those whose discharge is
				  regulated under the Clean Water Act, or that are zero discharges that do not
				  engage in Clean Water Act-equivalent treatment before ultimate land disposal,
				  or that are injected in class I deep wells regulated under the Safe Drinking
				  Water Act, are prohibited from land disposal. Clean Water Act-equivalent
				  treatment means biological treatment for organics, alkaline chlorination or
				  ferrous sulfate precipitation for cyanide, precipitation or sedimentation, or
				  both, for metals, reduction of hexavalent chromium, or other treatment
				  technology that can be demonstrated to perform equally or better than these
				  technologies.
2. On September 19,
				  1996, radioactive wastes that are mixed with D018 through D043 that are managed
				  in systems other than those whose discharge is regulated under the Clean Water
				  Act, or that inject in class I deep wells regulated under the Safe Drinking
				  Water Act, or that are zero dischargers that engage in Clean Water
				  Act-equivalent treatment before ultimate land disposal, are prohibited from
				  land disposal. Clean Water Act-equivalent treatment means biological treatment
				  for organics, alkaline chlorination or ferrous sulfate precipitation for
				  cyanide, precipitation or sedimentation, or both, for metals, reduction of
				  hexavalent chromium, or other treatment technology that can be demonstrated to
				  perform equally or greater than these technologies. Radioactive wastes mixed
				  with K141 through K145, and K147 through K151 are also prohibited from land
				  disposal. In addition, soil and debris contaminated with these radioactive
				  mixed wastes are prohibited from land disposal.
3. Between December 19, 1994, and September
				  19, 1996, the wastes included in subsection 2 may be disposed in a landfill or
				  surface impoundment, only if such unit is in compliance with the requirements
				  specified in subdivision b of subsection 8 of section
				  33.1-24-05-254.
4. The requirements of subsections 1, 2, and
				  3 do not apply if:
a. The wastes meet the
				  applicable treatment standards specified in sections
				  33.1-24-05-280 through
				  33.1-24-05-289;
b. Persons have been granted an exemption
				  from a prohibition pursuant to a petition under section
				  33.1-24-05-255, with respect to
				  those wastes and units covered by the petition;
c. The wastes meet the applicable alternate
				  treatment standards established pursuant to a petition granted under section
				  33.1-24-05-284; or
d. Persons have been granted an extension to
				  the effective date of a prohibition pursuant to section
				  33.1-24-05-254, with respect to
				  these wastes covered by the extension.