reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › STANDARDS FOR FACILITIES OPERATING UNDER A STANDARDIZED PERMIT › Section 33-24-05-1114 - Air emission standards

Current through Supplement No. 393, July, 2024
The owner or operator shall manage all hazardous waste
					 placed in a tank in accordance with the requirements of sections
					 33-24-05-400 through 33-24-05-474.
					 Under a standardized permit, the following control devices are permissible:
					 thermal vapor incinerator, catalytic vapor incinerator, flame, boiler, process
					 heater, condenser, and carbon absorption unit.
General Authority:
NDCC
						23-20.3-03
Law Implemented:
NDCC
						23-20.3-03,
						23-20.3-04,
						23-20.3-05
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › STANDARDS FOR FACILITIES OPERATING UNDER A STANDARDIZED PERMIT › Section 33-24-05-1115 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › STANDARDS FOR FACILITIES OPERATING UNDER A STANDARDIZED PERMIT › Section 33-24-05-1116 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › STANDARDS FOR FACILITIES OPERATING UNDER A STANDARDIZED PERMIT › Section 33-24-05-1117 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › STANDARDS FOR FACILITIES OPERATING UNDER A STANDARDIZED PERMIT › Section 33-24-05-1118 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › STANDARDS FOR FACILITIES OPERATING UNDER A STANDARDIZED PERMIT › Section 33-24-05-1119 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › STANDARDS FOR FACILITIES OPERATING UNDER A STANDARDIZED PERMIT › Section 33-24-05-1120 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › STANDARDS FOR FACILITIES OPERATING UNDER A STANDARDIZED PERMIT › Section 33-24-05-1121 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › STANDARDS FOR FACILITIES OPERATING UNDER A STANDARDIZED PERMIT › Section 33-24-05-1122 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › STANDARDS FOR FACILITIES OPERATING UNDER A STANDARDIZED PERMIT › Section 33-24-05-1123 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › STANDARDS FOR FACILITIES OPERATING UNDER A STANDARDIZED PERMIT › Section 33-24-05-1124 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › STANDARDS FOR FACILITIES OPERATING UNDER A STANDARDIZED PERMIT › Section 33-24-05-1125 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › STANDARDS FOR FACILITIES OPERATING UNDER A STANDARDIZED PERMIT › Section 33-24-05-1126 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › STANDARDS FOR FACILITIES OPERATING UNDER A STANDARDIZED PERMIT › Section 33-24-05-1127 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › STANDARDS FOR FACILITIES OPERATING UNDER A STANDARDIZED PERMIT › Section 33-24-05-1128 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › STANDARDS FOR FACILITIES OPERATING UNDER A STANDARDIZED PERMIT › Section 33-24-05-1129 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › STANDARDS FOR FACILITIES OPERATING UNDER A STANDARDIZED PERMIT › Section 33-24-05-1130 - Applicability of containment building requirements

Current through Supplement No. 393, July, 2024
The requirements of sections 33-24-05-1130 through
					 33-24-05-1149 applies to owners or operators of facilities that treat or store
					 hazardous waste in containment buildings under sections 33-24-06-45 through
					 33-24-06-85, standardized permit, except as provided in subsection 2 of section
					 33-24-05-950. Storage or treatment, or both, in a containment building is not
					 land disposal as defined in section
					 33-24-05-251 if the unit meets the
					 requirements of sections 33-24-05-1131, 33-24-05-1132, and
					 33-24-05-1133.
General Authority:
NDCC
						23-20.3-03
Law Implemented:
NDCC
						23-20.3-03,
						23-20.3-04,
						23-20.3-05
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › STANDARDS FOR FACILITIES OPERATING UNDER A STANDARDIZED PERMIT › Section 33-24-05-1131 - Design and operating standards for containment buildings

Current through Supplement No. 393, July, 2024
All containment buildings must comply with the design and
					 operating standards in this section. The department will consider standards
					 established by professional organizations generally recognized by the industry
					 such as the American concrete institute and the American society of testing
					 materials in judging the structural integrity requirements of this
					 section.
1. The containment building
				  must be completely enclosed with a floor, walls, and a roof to prevent exposure
				  to the elements, (for example, precipitation, wind, run on), and to assure
				  containment of managed wastes.
2.
				  The floor and containment walls of the unit, including the secondary
				  containment system, if required under section 33-24-05-1133, must be designed
				  and constructed of manmade materials of sufficient strength and thickness to:
a. Support themselves, the waste contents,
				  and any personnel and heavy equipment that operates within the unit.
b. Prevent failure due to:
(1) Pressure gradients, settlement,
				  compression, or uplift.
(2)
				  Physical contact with the hazardous wastes to which they are exposed.
(3) Climatic conditions.
(4) Stresses of daily operation, including
				  the movement of heavy equipment within the unit and contact of such equipment
				  with containment walls.
(5)
				  Collapse or other failure.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › STANDARDS FOR FACILITIES OPERATING UNDER A STANDARDIZED PERMIT › Section 33-24-05-1132 - Requirements to prevent releases

Current through Supplement No. 393, July, 2024
Owners or operators must use controls and practices to
					 ensure containment of the hazardous waste within the unit, and must, at a
					 minimum:
1. Maintain the primary
				  barrier to be free of significant cracks, gaps, corrosion, or other
				  deterioration that could cause hazardous waste to be released from the primary
				  barrier.
2. Maintain the level of
				  the stored or treated, or both, hazardous waste within the containment walls of
				  the unit so that the height of any containment wall is not exceeded.
3. Take measures to prevent tracking of
				  hazardous waste out of the unit by personnel or by equipment used in handling
				  the waste. An area must be designated to decontaminate equipment and any
				  rinsate must be collected and properly managed.
4. Take measures to control fugitive dust
				  emissions such that any openings (doors, windows, vents, cracks) exhibit no
				  visible emissions (see 40 CFR part 60, appendix A, Method 22 -visual
				  determination of fugitive emissions from material sources and smoke emissions
				  from flares). In addition, all associated particulate collection devices (for
				  example, fabric filter, electrostatic precipitator) must be operated and
				  maintained with sound air pollution control practices. This state of no visible
				  emissions must be maintained effectively at all times during routine operating
				  and maintenance conditions, including when vehicles and personnel are entering
				  and exiting the unit.
General Authority:
NDCC
						23-20.3-03
Law Implemented:
NDCC
						23-20.3-03,
						23-20.3-04,
						23-20.3-05
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › STANDARDS FOR FACILITIES OPERATING UNDER A STANDARDIZED PERMIT › Section 33-24-05-1133 - Design and operating standards for liquids

Current through Supplement No. 393, July, 2024
If the containment building will be used to manage
					 hazardous wastes containing free liquids or treated with free liquids, as
					 determined by the paint filter test, by a visual examination, or by other
					 appropriate means, the owner or operator must include:
1. A primary barrier designed and constructed
				  of materials to prevent the migration of hazardous constituents into the
				  barrier (for example, a geomembrane covered by a concrete wear
				  surface).
2. A liquid collection
				  and removal system to minimize the accumulation of liquid on the primary
				  barrier of the containment building.
a. The
				  primary barrier must be sloped to drain liquids to the associated collection
				  system; and
b. Liquids and waste
				  must be removed to minimize hydraulic head on the containment system at the
				  earliest practicable time.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › STANDARDS FOR FACILITIES OPERATING UNDER A STANDARDIZED PERMIT › Section 33-24-05-1134 - Waiver from secondary containment requirements

Current through Supplement No. 393, July, 2024
Notwithstanding any other provision of sections
					 33-24-05-1130 through 33-24-05-1149, the department may waive requirements for
					 secondary containment for a permitted containment building where:
1. The owner or operator demonstrates that
				  the only free liquids in the unit are limited amounts of dust suppression
				  liquids required to meet occupational health and safety requirements;
				  and
2. Containment of managed
				  wastes and dust suppression liquids can be assured without a secondary
				  containment system.
General Authority:
NDCC
						23-20.3-03
Law Implemented:
NDCC
						23-20.3-03,
						23-20.3-04,
						23-20.3-05
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › STANDARDS FOR FACILITIES OPERATING UNDER A STANDARDIZED PERMIT › Section 33-24-05-1135 - Containment building containing areas both with and without secondary containment

Current through Supplement No. 393, July, 2024
Containment buildings that contain areas both with and
					 without secondary containment, the owner or operator must:
1. Design and operate each area in accordance
				  with the requirements in sections 33-24-05-1131 through
				  33-24-05-1133.
2. Take measures to
				  prevent the release of liquids or wet materials into areas without secondary
				  containment.
3. Maintain in the
				  facility's operating record a written description of the operating procedures
				  used to maintain the integrity of areas without secondary
				  containment.
General Authority:
NDCC
						23-20.3-03
Law Implemented:
NDCC
						23-20.3-03,
						23-20.3-04,
						23-20.3-05
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › STANDARDS FOR FACILITIES OPERATING UNDER A STANDARDIZED PERMIT › Section 33-24-05-1136 - Detection of releases

Current through Supplement No. 393, July, 2024
Throughout the active life of the containment building, if
					 a condition that could lead to or has caused a release of hazardous waste is
					 detected, the owner or operator must repair the condition promptly, in
					 accordance with the following procedures:
1. Upon detection of a condition that has
				  lead to a release of hazardous waste (for example, upon detection of leakage
				  from the primary barrier), the owner or operator must:
a Enter a record of the discovery in the
				  facility operating record;
b.
				  Immediately remove the portion of the containment building affected by the
				  condition from service;
c.
				  Determine what steps must be taken to repair the containment building, to
				  remove any leakage from the secondary collection system, and to establish a
				  schedule for accomplishing the cleanup and repairs; and
d. Within seven days after the discovery of
				  the condition, notify the department of the condition, and within fourteen
				  working days, provide a written notice to the department with a description of
				  the steps taken to repair the containment building, and the schedule for
				  accomplishing the work.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › STANDARDS FOR FACILITIES OPERATING UNDER A STANDARDIZED PERMIT › Section 33-24-05-1137 - Containment buildings used for secondary containment

Current through Supplement No. 393, July, 2024
Containment buildings can serve as secondary containment
					 systems for tanks placed within the building under certain conditions.
1. A containment building can serve as an
				  external liner system for a tank, provided it meets the requirements of
				  subsection 1 of section 33-24-05-1106.
2. The containment building must also meet
				  the requirements of subsection 1 and subdivisions a and b of subsection 2 of
				  section 33-24-05-1105 to be considered an acceptable secondary containment
				  system for a tank.
General Authority:
NDCC
						23-20.3-03
Law Implemented:
NDCC
						23-20.3-03,
						23-20.3-04,
						23-20.3-05
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › STANDARDS FOR FACILITIES OPERATING UNDER A STANDARDIZED PERMIT › Section 33-24-05-1138 - Closure

Current through Supplement No. 393, July, 2024
At closure of a containment building, the owner or operator
					 must remove or decontaminate all waste residues, contaminated containment
					 system components (liners), contaminated subsoils, and structures and equipment
					 contaminated with waste and leachate, and manage them as hazardous waste unless
					 subsection 4 of section
					 33-24-02-03 applies. The closure
					 plan, closure activities, cost estimates for closure, and financial
					 responsibility for containment buildings must meet all of the requirements
					 specified in sections 33-24-05-1040 through 33-24-05-1059 and 33-24-05-1060
					 through 33-24-05-1079.
General Authority:
NDCC
						23-20.3-03
Law Implemented:
NDCC
						23-20.3-03,
						23-20.3-04,
						23-20.3-05
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › STANDARDS FOR FACILITIES OPERATING UNDER A STANDARDIZED PERMIT › Section 33-24-05-1139 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › STANDARDS FOR FACILITIES OPERATING UNDER A STANDARDIZED PERMIT › Section 33-24-05-1140 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › STANDARDS FOR FACILITIES OPERATING UNDER A STANDARDIZED PERMIT › Section 33-24-05-1141 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › STANDARDS FOR FACILITIES OPERATING UNDER A STANDARDIZED PERMIT › Section 33-24-05-1142 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › STANDARDS FOR FACILITIES OPERATING UNDER A STANDARDIZED PERMIT › Section 33-24-05-1143 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › STANDARDS FOR FACILITIES OPERATING UNDER A STANDARDIZED PERMIT › Section 33-24-05-1144 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › STANDARDS FOR FACILITIES OPERATING UNDER A STANDARDIZED PERMIT › Section 33-24-05-1145 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › STANDARDS FOR FACILITIES OPERATING UNDER A STANDARDIZED PERMIT › Section 33-24-05-1146 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › STANDARDS FOR FACILITIES OPERATING UNDER A STANDARDIZED PERMIT › Section 33-24-05-1147 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › STANDARDS FOR FACILITIES OPERATING UNDER A STANDARDIZED PERMIT › Section 33-24-05-1148 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › STANDARDS FOR FACILITIES OPERATING UNDER A STANDARDIZED PERMIT › Section 33-24-05-1149 - Reserved

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › Appendix IV - Notification of Hazardous Waste Activity Form

Current through Supplement No. 393, July, 2024
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North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › Appendix V - Extraction Procedure (EP) Toxicity Test Method and Structural Integrity Test (Method 1310B)

Current through Supplement No. 393, July, 2024
Note: The extraction procedure (EP), method 1310B, is
				  published 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.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › Appendix XXIII - Organic Compounds for Which Residues Must Be Analyzed

Current through Supplement No. 393, July, 2024
Volatiles:
Semivolatiles:
Benzene
Bis(2-ethylhexyl)phthalate
Toluene
Naphthalene
Carbon tetrachloride
Phenol
Chloroform
Diethyl phthalate
Methylene chloride
Butyl benzyl phthalate
Trichloroethylene
2,4-Dimethylphenol
Tetrachloroethylene
o-Dichlorobenzene
1,1,1-Trichloroethane
m-Dichlorobenzene
Chlorobenzene
p-Dichlorobenzene
cis-1,4-Dichloro-2-butene
Hexachlorobenzene
Bromochloromethane
2,4,6-Trichlorophenol
Bromodichloromethane
Fluoranthene
Bromoform
o-Nitrophenol
Bromomethane
1,2,4-Trichlorobenzene
Methylene bromide
o-Chlorophenol
Methyl ethyl ketone
Pentachlorophenol
Pyrene
Dimethyl phthalate
Mononitrobenzene
2,6-Toluene diisocyanate
Polychlorinated
							 dibenzo-p-dioxins1
Polychlorinated
							 dibenzo-furans1
1Analyses for polychlorinated
				  dibenzo-p-dioxins and polychlorinated dibenzo-furans are required only for
				  residues collected from areas downstream of the combustion chamber (for
				  example, ductwork, boiler tubes, heat exchange surfaces, and air pollution
				  control devices).
Note to the table: Analysis is not required for those
				  compounds that do not have an established F039 nonwastewater concentration
				  limit.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › 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 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › 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
1Lead-associated 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 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities › 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 33-24-02 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 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-06 - Permits › Section 33-24-06-01 - 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
				33-24-06-17. Persons currently
				authorized with interim status shall apply for permits when required by the
				department. Persons covered by permits by rule (section
				33-24-06-18) need not apply.
				Procedures for applications, issuance, and administration of emergency permits
				are found exclusively in section
				33-24-06-19. Procedures for
				application, issuance, and administration of research, development, and
				demonstration permits are found exclusively in section
				33-24-06-20. 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 33-24-06-45 through 33-24-06-85. Procedures
				for application and issuance of standardized permits are found in sections
				33-24-07-40 through 33-24-07-54, and sections 33-24-06-45 through 33-24-06-85.
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 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-06 - Permits › Section 33-24-06-02 - 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 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-06 - Permits › Section 33-24-06-03 - 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 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-06 - Permits › Section 33-24-06-05 - Establishing permit conditions

Current through Supplement No. 393, July, 2024
1. In
				addition to conditions required in all permits (section
				33-24-06-04), the department shall
				establish conditions in permits, as required on a case-by-case basis, under
				section 33-24-06-06 (duration of permits),
				subsection 1 of section
				33-24-06-07 (schedules of
				compliance), and section
				33-24-06-08 (monitoring).
2. Additional permit conditions.
a. Each hazardous waste permit shall include
				permit conditions necessary to achieve compliance with North Dakota Century
				Code chapter 23-20.3 and rules, including each of the applicable requirements
				specified in 33-24-05. In satisfying this provision, the department may
				incorporate applicable requirements of 33-24-05 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 a assessments of other information, the department determines that
				conditions are necessary in addition to those required under 40 CFR parts 63,
				subpart EEE, 33-24-05 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 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-06 - Permits › Section 33-24-06-06 - 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 23-20.3-04 and
				23-20.3-05, and take into account
				improvements in technology as well as applicable rules.
2. Except as provided in section
				33-24-06-02, the term of a permit
				may not be extended by modification beyond the maximum duration specified in
				this section.
General Authority:
NDCC
					 23-20.3-03
Law Implemented:
NDCC
					 23-20.3-03,
					 23-20.3-05
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-06 - Permits › Section 33-24-06-07 - 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 23-20.3 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 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-06 - Permits › Section 33-24-06-08 - 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 33-24-05. Reporting must be no less frequent than specified in that
				chapter.
General Authority: NDCC 23-20.3-03
Law Implemented: NDCC 23-20.3-03, 23-20.3-04,
					 23-20.3-05
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-06 - Permits › Section 33-24-06-09 - 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 23-20.3-03
Law Implemented: NDCC 23-20.3-03, 23-20.3-04,
					 23-20.3-05
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-06 - Permits › Section 33-24-06-10 - 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 23-20.3 except for those
				requirements not included in the permit which:
(1) Become effective by statute;
(2) Are promulgated under sections
				33-24-05-250 through 33-24-05-299
				restricting the placement of hazardous wastes in or on the land;
(3) Are promulgated 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
				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
				33-24-06-14 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
				33-24-06-16.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-06 - Permits › Section 33-24-06-11 - 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
				33-24-06-12) 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 33-24-06-14 or as a routine change
				with prior approval under section 33-24-07-53. 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 33-24-05-74 through 33-24-05-88
				(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
				33-24-05-74 through 33-24-05-88
				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
				33-24-05-74 through 33-24-05-88,
				the department shall notify the old owner or operator that the owner or
				operator no longer needs to comply with sections
				33-24-05-74 through 33-24-05-88 as
				of the date of demonstration.
General Authority:
NDCC
					 23-20.3-03
Law Implemented:
NDCC
					 23-20.3-03,
					 23-20.3-04,
					 23-20.3-05
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-06 - Permits › Section 33-24-06-13 - 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 - State Department of Health › Article 33-24 - Hazardous Waste Management › Chapter 33-24-06 - Permits › Section 33-24-06-14 - 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
				33-24-06-17 and subsections 2 and
				3 of section
				33-24-06-19.
(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 33-24-07, and the appropriate units of state and
				local governments, as specified in section
				33-24-07-06. 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.