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 33.1-24-05-256 - Testing, tracking, and recordkeeping requirements for generators, reverse distributors, treaters, and disposal facilities

Current through Supplement No. 393, July, 2024
1. Requirements for generators and reverse
				  distributors:
a. A generator of hazardous
				  waste must determine if the waste has to be treated before it can be land
				  disposed. This is done by determining if the hazardous waste meets the
				  treatment standards in section
				  33.1-24-05-280,
				  33.1-24-05-285,
				  or
				  33.1-24-05-289.
				  This determination can be made concurrently with the hazardous waste
				  determination required in section
				  33.1-24-03-02,
				  in either of two ways, testing the waste or using knowledge of the waste. If
				  the generator tests the waste, testing would normally determine the total
				  concentration of hazardous constituents, or the concentration of hazardous
				  constituents in an extract of the waste obtained using test method 1311 in
				  "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods",
				  environmental protection agency publication SW-846, as referenced in section
				  33.1-24-01-05,
				  depending on whether the treatment standard for the waste is expressed as a
				  total concentration or concentration of hazardous constituent in the waste's
				  extract. (Alternatively, the generator must send the waste to a hazardous waste
				  permitted treatment facility, where the waste treatment facility must comply
				  with the requirements of section
				  33.1-24-05-04
				  and subsection 2.) In addition, some hazardous wastes must be treated by
				  particular treatment methods before they can be land disposed and some soils
				  are contaminated by such hazardous wastes. These treatment standards are also
				  found in section
				  33.1-24-05-280
				  and are described in detail in section
				  33.1-24-05-282,
				  table 1. These wastes, and soils contaminated with such wastes, do not need to
				  be tested (however, if they are in a waste mixture, other wastes with
				  concentration level treatment standards would have to be tested). If a
				  generator determines they are managing a waste or soil contaminated with a
				  waste, that displays a hazardous characteristic of ignitability, corrosivity,
				  reactivity, or toxicity, they must comply with the special requirements of
				  section
				  33.1-24-05-258
				  in addition to any applicable requirements in this section.
b. If the waste or contaminated soil does not
				  meet the treatment standards, or if the generator chooses not to make the
				  determination of whether the generator's waste must be treated, with the
				  initial shipment of waste to each treatment or storage facility, the generator
				  must send a one-time written notice to each treatment or storage facility
				  receiving the waste and place a copy in the file. The notice must include the
				  information in column "subdivision b" of the generator paperwork requirements
				  table in subdivision d. (Alternatively, if the generator chooses not to make
				  the determination of whether the waste must be treated, the notification must
				  include the hazardous waste numbers and manifest number of the first shipment
				  and must state "This hazardous waste may or may not be subject to the land
				  disposal restrictions treatment standards. The treatment facility must make the
				  determination".) No further notification is necessary until such time that the
				  waste or facility change, in which case a new notification must be sent and a
				  copy placed in the generator's file.
(1) For
				  contaminated soil, the following certification statement should be included,
				  signed by an authorized representative:
I certify under penalty of law that I personally have
					 examined this contaminated soil and it [does/does not] contain listed hazardous
					 waste and [does/does not] exhibit a characteristic of hazardous waste and
					 requires treatment to meet the soil treatment standards as provided by
					 subsection 3 of section
					 33.1-24-05-289.
(2) [Reserved]
c. If the waste or contaminated soil meets
				  the treatment standard at the original point of generation:
(1) With the initial shipment of waste to
				  each treatment, storage, or disposal facility, the generator must send a
				  one-time written notice to each treatment, storage, or disposal facility
				  receiving the waste and place a copy in the file. The notice must include the
				  information indicated in column "subdivision c" of the generator paperwork
				  requirements table in subdivision d of subsection 1 and the following
				  certification statement, signed by an authorized representative:
I certify under penalty of law that I personally have
					 examined and am familiar with the waste through analysis and testing or through
					 knowledge of the waste to support this certification that the waste complies
					 with the treatment standards specified in sections
					 33.1-24-05-280
					 through
					 33.1-24-05-289.
					 I believe that the information I submitted is true, accurate, and complete. I
					 am aware that there are significant penalties for submitting a false
					 certification, including the possibility of a fine and
					 imprisonment.
(2) For
				  contaminated soil, with the initial shipment of wastes to each treatment,
				  storage, or disposal facility, the generator must send a one-time written
				  notice to each facility receiving the waste and place a copy in the file. The
				  notice must include the information in column "subdivision c" of the generator
				  paperwork requirements table in subdivision d of subsection 1.
(3) If the waste changes, the generator must
				  send a new notice and certification to the receiving facility and place a copy
				  in its files. Generators of hazardous debris excluded from the definition of
				  hazardous waste under subsection 5 of section
				  33.1-24-02-03
				  are not subject to these requirements.
d. For reporting, tracking, and recordkeeping
				  when exceptions allow certain wastes or contaminated soil that do not meet the
				  treatment standards to be land disposed there are certain exemptions from the
				  requirement that hazardous wastes or contaminated soil meet treatment standards
				  before they can be land disposed. These include case-by-case extensions under
				  section
				  33.1-24-05-254,
				  disposal in a no-migration unit under section
				  33.1-24-05-255,
				  or a national capacity variance or case-by-case capacity variance under
				  sections
				  33.1-24-05-266
				  through
				  33.1-24-05-279.
				  If a generator's waste is so exempt, then with the initial shipment of waste,
				  the generator must send a one-time written notice to each land disposal
				  facility receiving the waste. The notice must include the information indicated
				  in column "subdivision d" of the generator paperwork requirements table. If the
				  waste changes, the generator must send a new notice to the receiving facility
				  and place a copy in its files.
Generator Paperwork Requirements Table
Required Information*
Subdivision b
Subdivision c
Subdivision d
Subdivision i
1. Environmental protection agency hazardous
								  waste numbers and manifest number of first shipment.
[TICK]
[TICK]
[TICK]
[TICK]
2. Statement: This waste is not prohibited from
								  land disposal.
[TICK]
3. The waste is subject to the land disposal
								  restrictions. The constituents of concern for F001-F005, and F039, and
								  underlying hazardous constituents in characteristic wastes, unless the waste
								  will be treated and monitored for all constituents. If all constituents will be
								  treated and monitored, there is no need to put them all on the land disposal
								  restriction notice.
[TICK]
[TICK]
4. The notice must include the applicable
								  wastewater/nonwastewater category (see subsections 7 and 11 of section
								  33-24-05-251)
								  and subdivisions made within a waste code based on waste-specific criteria
								  (such as D003 reactive cyanide).
[TICK]
[TICK]
5. Waste analysis data (when
								  available).
[TICK]
[TICK]
[TICK]
6. Date the waste is subject to the
								  prohibition.
[TICK]
7. For hazardous debris, when treating with the
								  alternative treatment technologies provided by section
								  33-24-05-285,
								  the contaminants subject to treatment, as described in subsection 2 of section
								  33-24-05-285;
								  and an indication that these contaminants are being treated to comply with
								  section
								  33-24-05-285.
[TICK]
[TICK]
8. For contaminated soil subject to land disposal
								  restrictions as provided in subsection 1 of section
								  33-24-05-289,
								  the constituents subject to treatment as described in subsection 4 of section
								  33-24-05-289,
								  and the following statements: This contaminated soil [does/does not] contain
								  listed hazardous waste and [does/does not] exhibit a characteristic of
								  hazardous waste and [is subject to/complies with] the soil treatment standards
								  as provided by subsection 3 of section
								  33-24-05-289
								  or the universal treatment standards.
[TICK]
[TICK]
9. A certification is needed (see applicable
								  section for exact wording).
[TICK]
[TICK]
*Note: Information requirements referenced in the above
					 table can be found in the indicated subdivision of subsection
					 1.
e. If a generator is
				  managing and treating prohibited waste, or contaminated soil in tanks,
				  containers, or containment buildings regulated under sections
				  33.1-24-03-27
				  through
				  33.1-24-03-29
				  to meet applicable land disposal restriction treatment standards found at
				  section
				  33.1-24-05-280,
				  the generator must develop and follow a written waste analysis plan which
				  describes the procedures the generator will carry out to comply with the
				  treatment standards. (Generators treating hazardous debris under the
				  alternative treatment standards of table 1, section
				  33.1-24-05-285;
				  however, are not subject to these waste analysis requirements.) The plan must
				  be kept onsite in the generator's records, and the following requirements must
				  be met:
(1) The waste analysis plan must be
				  based on a detailed chemical and physical analysis of a representative sample
				  of the prohibited waste or wastes being treated and contain all information
				  necessary to treat the waste or wastes in accordance with the requirements of
				  sections
				  33.1-24-05-250
				  through
				  33.1-24-05-299,
				  including the selected testing frequency.
(2) Such plan must be kept in the facility's
				  onsite files and made available to inspectors.
(3) Wastes shipped offsite pursuant to this
				  subdivision must comply with the notification requirements of subdivision
				  c.
f. If a generator
				  determines that the waste, or contaminated soil, is restricted based solely on
				  the generator's knowledge of the waste, all supporting data used to make this
				  determination must be retained onsite in the generator's files. If a generator
				  determines that the waste or contaminated soil is restricted based on testing
				  this waste or an extract developed using the test method 1311 in "Test Methods
				  for Evaluating Solid Waste, Physical/Chemical Methods", environmental
				  protection agency publication SW-846, incorporated by reference in section
				  33.1-24-01-05,
				  and all waste analysis data must be retained onsite in the generator's
				  files.
g. If a generator determines
				  that the generator is managing a prohibited waste that is excluded from the
				  definition of hazardous or solid waste or is exempted from hazardous waste
				  regulation under sections
				  33.1-24-02-02
				  through
				  33.1-24-02-06
				  subsequent to the point of generation (including deactivated characteristic
				  hazardous wastes managed in wastewater treatment systems subject to the Clean
				  Water Act, as specified at subdivision b of subsection 1 of section
				  33.1-24-02-04
				  or that are Clean Water Act-equivalent, or are managed in an underground
				  injection well regulated by the Safe Drinking Water Act), the generator must
				  place a one-time notice describing such generation, subsequent exclusion from
				  the definition of hazardous or solid waste or exemption from hazardous waste
				  regulation, and the disposition of the waste, in the facility's onsite
				  files.
h. Generators must retain
				  onsite a copy of all notices, certifications, waste analysis data, and other
				  documentation produced pursuant to this section for at least three years from
				  the date that the waste that is the subject of such documentation was last sent
				  to onsite or offsite treatment, storage, or disposal. The three-year record
				  retention period is automatically extended during the course of any unresolved
				  enforcement action regarding the regulated activity or as requested by the
				  department. The requirements of this subsection apply to solid wastes even when
				  the hazardous characteristic is removed prior to disposal, or when the waste is
				  excluded from the definition of hazardous or solid waste under sections
				  33.1-24-02-02
				  through
				  33.1-24-02-06,
				  or exempted from hazardous waste regulation, subsequent to the point of
				  generation.
i. If a generator is
				  managing a lab pack containing hazardous wastes and wishes to use the
				  alternative treatment standard for lab packs found at subsection 3 of section
				  33.1-24-05-282:
(1) With the initial shipment of waste to a
				  treatment facility, the generator must submit a notice that provides the
				  information in column "subdivision i" in the generator paperwork requirements
				  table of subdivision d, and the following certification. The certification,
				  which must be signed by an authorized representative and must be placed in the
				  generator's files, must say the following:
I certify under penalty of law that I personally have
					 examined and am familiar with the waste and that the lab pack contains only
					 wastes that have not been excluded under appendix VIII to
					 33.1-24-05 and that this lab
					 pack will be sent to a combustion facility in compliance with the alternative
					 treatment standards for lab packs at subsection 3 of section
					 33.1-24-05-282.
					 I am aware that there are significant penalties for submitting a false
					 certification, including the possibility of fine or
					 imprisonment.
(2) No further
				  notification is necessary until such time that the wastes in the lab pack
				  change, or the receiving facility changes, in which case a new notice and
				  certification must be sent and a copy placed in the generator's file.
(3) If the lab pack contains characteristic
				  hazardous wastes (D001-D043), underlying hazardous constituents (as defined in
				  subsection 10 of section
				  33.1-24-05-251)
				  need not be determined.
(4) The
				  generator must also comply with the requirements in subdivisions f and
				  g.
j. Small quantity
				  generators with tolling agreements pursuant to subsection 5 of section
				  33.1-24-03-04
				  must comply with the applicable notification and certification requirements of
				  subsection 1 for the initial shipment of the waste subject to the agreement.
				  Such generators must retain onsite a copy of the notification and
				  certification, together with the tolling agreement, for at least three years
				  after termination or expiration of the agreement. The three-year record
				  retention period is automatically extended during the course of any unresolved
				  enforcement action regarding the regulated activity or as requested by the
				  department.