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 › MISCELLANEOUS UNITS › Section 33.1-24-05-319 - Shipping potentially creditable hazardous waste pharmaceuticals from a health care facility or a reverse distributor to a reverse distributor

Current through Supplement No. 393, July, 2024
1.
Shipping potentially creditable
				  hazardous waste pharmaceuticals.
A health care facility or a reverse
				  distributor who transports or offers for transport potentially creditable
				  hazardous waste pharmaceuticals offsite to a reverse distributor must comply
				  with all applicable United States department of transportation regulations
				  title 49, Code of Federal Regulations, part 171 through 180 for any potentially
				  creditable hazardous waste pharmaceutical that meets the definition of a
				  hazardous material in title 49, Code of Federal Regulations, section 171.8. For
				  purposes of the department of transportation regulations, a material is
				  considered a hazardous waste if it is subject to the hazardous waste manifest
				  requirements of sections
				  33.1-24-03-04
				  through
				  33.1-24-03-07.
				  Because a potentially creditable hazardous waste pharmaceutical does not
				  require a manifest, it is not considered a hazardous waste under department of
				  transportation regulations.
2.
Delivery confirmation.
Upon receipt of each shipment of
				  potentially creditable hazardous waste pharmaceuticals, the receiving reverse
				  distributor must provide confirmation, paper or electronic, to the health care
				  facility or reverse distributor that initiated the shipment that the shipment
				  of potentially creditable hazardous waste pharmaceuticals has arrived at its
				  destination and is under the custody and control of the reverse
				  distributor.
3.
Procedures
				  for when delivery confirmation is not received within thirty-five days.
If a health care facility or reverse distributor initiates a shipment of
				  potentially creditable hazardous waste pharmaceuticals to a reverse distributor
				  and does not receive delivery confirmation within thirty-five calendar days
				  from the date that the shipment of potentially creditable hazardous waste
				  pharmaceuticals was sent, the health care facility or reverse distributor that
				  initiated the shipment shall contact the carrier and the intended recipient,
				  i.e., the reverse distributor, promptly to report that the delivery
				  confirmation was not received to determine the status of the potentially
				  creditable hazardous waste pharmaceuticals.
4.
Exporting potentially creditable
				  hazardous waste pharmaceuticals.
A health care facility or reverse
				  distributor that sends potentially creditable hazardous waste pharmaceuticals
				  to a foreign destination shall comply with the applicable sections
				  33.1-24-03-50
				  through
				  33.1-24-03-59,
				  except the manifesting requirements of subsection 3 of section
				  33.1-24-03-53,
				  in addition to subsections 1 through 3.
5.
Importing potentially creditable
				  hazardous waste pharmaceuticals.
Any person that imports potentially
				  creditable hazardous waste pharmaceuticals into the United States is subject to
				  subsections 1 through 3 in lieu of sections
				  33.1-24-03-50
				  through
				  33.1-24-03-59.
				  Immediately after the potentially creditable hazardous waste pharmaceuticals
				  enter the United States, they are subject to all applicable requirements of
				  sections
				  33.1-24-05-310 through
				  33.1-24-05-320.
General Authority:
NDCC 23.1-04-03
Law Implemented:
NDCC 23.1-04-03,
						23.1-04-05; S.L. 2017, ch. 199, §
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