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 › LAND DISPOSAL RESTRICTIONS › Section 33-24-05-251 - Definitions applicable to sections 33-24-05-250 through 33-24-05-299

Current through Supplement No. 393, July, 2024
When used in sections
					 33-24-05-250 through 33-24-05-299,
					 the following terms have the meanings given below:
1. "Debris" means solid material exceeding a
				  sixty millimeter particle size that is intended for disposal and that is a
				  manufactured object; or plant or animal matter; or natural geologic material.
				  However, the following materials are not debris: any material for which a
				  specific treatment standard is provided in sections
				  33-24-05-280 through
				  33-24-05-289, namely lead-acid
				  batteries, cadmium batteries, and radioactive lead solids; process residuals
				  such as smelter slag and residues from the treatment of waste, wastewater,
				  sludges, or air emission residues; and intact containers of hazardous waste
				  that are not ruptured and that retain at least seventy-five percent of their
				  original volume. A mixture of debris that has not been treated to the standards
				  provided by section
				  33-24-05-285 and other material is
				  subject to regulation as debris if the mixture is comprised primarily of
				  debris, by volume, based on visual inspection.
2. "Halogenated organic compounds or HOCs"
				  mean those compounds having a carbon-halogen bond.
3. "Hazardous constituent or constituents"
				  means those constituents listed in appendix V to 33-24-02.
4. "Hazardous debris" means debris that
				  contains a hazardous waste listed in sections
				  33-24-02-15 through
				  33-24-02-19, or that exhibits a
				  characteristic of hazardous waste identified in sections
				  33-24-02-10 through
				  33-24-02-14. Any deliberate mixing
				  of prohibited hazardous waste with debris that changes its treatment
				  classification (for example, from waste to hazardous debris) is not allowed
				  under the dilution prohibition in section
				  33-24-05-252.
5. "Inorganic metal-bearing waste" is a waste
				  for which the environmental protection agency has established treatment
				  standards for metal hazardous constituents, and which does not otherwise
				  contain significant organic or cyanide content as described in subdivision a of
				  subsection 3 of section
				  33-24-05-252, and is specifically
				  listed in appendix XXIX of 33-24-05.
6. "Land disposal" means placement in or on
				  the land, except in a corrective action management unit or staging pile, and
				  includes, but
is not limited to, placement in a landfill, surface
					 impoundment, waste pile, injection well, land treatment facility, salt dome
					 formation, salt bed formation, underground mine or cave, or placement in a
					 concrete vault, or bunker intended for disposal purposes.
7. "Nonwastewaters" are wastes that do not
				  meet the criteria for wastewaters in subsection 11.
8. "Polychlorinated biphenyls or PCBs" are
				  halogenated organic compounds defined in accordance with
				  40 CFR
				  761.3.
9. "Soil" means unconsolidated earth material
				  composing the superficial geologic strata (material overlying bedrock),
				  consisting of clay, silt, sand, or gravel size particles as classified by the
				  United States Natural Resources Conservation Service, or a mixture of such
				  materials with liquids, sludges, or solids which is inseparable by simple
				  mechanical removal processes and is made up primarily of soil by volume based
				  on visual inspection. Any deliberate mixing of prohibited hazardous waste with
				  soil that changes its treatment classification (for example, from waste to
				  contaminated soil) is not allowed under the dilution prohibition in section
				  33-24-05-252.
10. "Underlying hazardous constituent" means
				  any constituent listed in section
				  33-24-05-288, table universal
				  treatment standards, except fluoride, selenium, sulfides, vanadium, and zinc,
				  which can reasonably be expected to be present at the point of generation of
				  the hazardous waste, at a concentration above the constituent-specific
				  universal treatment standards treatment standard.
11. "Wastewaters" are wastes that contain
				  less than one percent by weight total organic carbon (TOC) and less than one
				  percent by weight total suspended solids.
General Authority: NDCC 23-20.3-03
Law Implemented: NDCC 23-20.3-03,
						23-20.3-04