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 › UNIVERSAL WASTE › Section 33.1-24-05-781 - Factors for petitions to include other wastes under sections 33.1-24-05-700 through 33.1-24-05-799

Current through Supplement No. 393, July, 2024
1. The waste
				  or category of waste, as generated by a wide variety of generators, is listed
				  in sections 33.1-24-02-15 through 33.1-24-02-19, or (if not listed) a
				  proportion of the waste stream exhibits one or more characteristics of
				  hazardous waste identified in sections 33.1-24-02-10 through 33.1-24-02-14.
				  (When a characteristic waste is added to the universal waste regulations of
				  sections 33.1-24-05-700 through 33.1-24-05-799 by using a generic name to
				  identify the waste category (for example, batteries), the definition of
				  universal waste in section 33.1-24-01-04 will be amended to include only the
				  hazardous waste portion of the waste category (for example, hazardous waste
				  batteries).) Thus, only the portion of the waste stream that does exhibit one
				  or more characteristics (therefore, is hazardous waste) is subject to the
				  universal waste regulations of sections 33.1-24-05-700 through 33.1-24-05-799;
2. The waste or category of waste
				  is not exclusive to a specific industry or group of industries, is commonly
				  generated by a wide variety of types of establishments (including, for example,
				  households, retail and commercial businesses, office complexes, very small
				  quantity generators, small businesses, government organizations, as well as
				  large industrial facilities);
3.
				  The waste or category of waste is generated by a large number of generators
				  (for example, more than one thousand nationally) and is frequently generated in
				  relatively small quantity by each generator;
4. Systems to be used for collecting the
				  waste or category of waste (including packaging, marking, and labeling
				  practices) would ensure close stewardship of the waste;
5. The risk posed by the waste or category of
				  waste during accumulation and transport is relatively low compared to other
				  hazardous wastes, and specific management standards proposed or referenced by
				  the petitioner (for example, waste management requirements appropriate to be
				  added to sections 33.1-24-05-713, 33.1-24-05-733, and 33.1-24-05-752; or
				  applicable department of transportation requirements) would be protective of
				  human health and the environment during accumulation and transport;
6. Regulation of the waste or category of
				  waste under sections 33.1-24-05-700 through 33.1-24-05-799 will increase the
				  likelihood that the waste will be diverted from the nonhazardous waste
				  management systems (for example, the municipal waste stream, nonhazardous
				  industrial or commercial waste stream, municipal sewer, or stormwater systems)
				  to recycling, treatment, or disposal in compliance with the hazardous waste
				  management rules;
7. Regulation of
				  the waste or category of waste under sections 33.1-24-05-700 through
				  33.1-24-05-799 will improve implementation of the hazardous waste regulatory
				  program; and
8. Such other factors
				  as may be appropriate.
General Authority:
NDCC 23.1-04-03;
						S.L.
						2017, ch. 199,
						§
													1
Law Implemented:
NDCC 23.1-04-03,
						23.1-04-05;
						S.L.
						2017, ch. 199,
						§
													19