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 33.1-24-05-252 - Dilution prohibited as a substitute for treatment

Current through Supplement No. 393, July, 2024
1. Except as
				  provided in subsection 2, no generator, transporter, handler, or owner or
				  operator of a treatment, storage, or disposal facility shall in any way dilute
				  a restricted waste or the residual from treatment of a restricted waste as a
				  substitute for adequate treatment to achieve compliance with sections
				  33.1-24-05-280 through
				  33.1-24-05-289, to circumvent
				  the effective date of a prohibition in sections
				  33.1-24-05-266 through
				  33.1-24-05-279, to otherwise
				  avoid a prohibition in sections
				  33.1-24-05-266 through
				  33.1-24-05-279, or to circumvent
				  a land disposal prohibition imposed by Resource Conservation and Recovery Act
				  section 3004.
2. Dilution of wastes
				  that are hazardous only because they exhibit a characteristic in treatment
				  systems which include land-based units which treat wastes subsequently
				  discharged to a water of the United States pursuant to a permit issued under
				  section 402 of the Clean Water Act, or which treat wastes in a Clean Water
				  Act-equivalent treatment system, or which treat wastes for the purposes of
				  pretreatment requirements under section 307 of the Clean Water Act is not
				  impermissible dilution for purposes of this section unless a method other than
				  deactivation to remove the hazardous characteristic has been specified in
				  section 33.1-24-05-280 as the treatment
				  standard, or unless the waste is a D003 reactive cyanide wastewater or
				  nonwastewater.
3. Combustion of the
				  hazardous waste codes listed in appendix XXIX is prohibited, unless the waste,
				  at the point of generation, or after any bona fide treatment such as cyanide
				  destruction prior to combustion, can be demonstrated to comply with one or more
				  of the following criteria, unless otherwise specifically prohibited from
				  combustion:
a. The waste contains hazardous
				  organic constituents or cyanide at levels exceeding the constituent-specific
				  treatment standard specified in section
				  33.1-24-05-288;
b. The waste consists of organic, debris-like
				  materials (for example, wood, paper, plastic, or cloth) contaminated with an
				  inorganic metal-bearing hazardous waste;
c. The waste, at point of generation, has
				  reasonable heating value such as greater than or equal to five thousand British
				  thermal units per pound;
d. The
				  waste is cogenerated with wastes for which combustion is a required method of
				  treatment;
e. The waste is subject
				  to requirements necessitating reduction of organics, including biological
				  agents; or
f. The waste contains
				  greater than one percent total organic carbon.