reglab/statecodes huggingface dataset:
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 › Section 33-24-05-06 - General inspection requirements

Current through Supplement No. 393, July, 2024
1.
				The owner or operator shall inspect the facility for malfunctions and
				deterioration, operator errors, and discharges which may be causing or may lead
				to release of hazardous waste constituents to the environment, or a threat to
				human health. The owner or operator shall conduct these inspections often
				enough to identify problems in time to correct them before they harm human
				health or the environment.
2.
				Schedule requirements.
a. The owner or
				operator shall develop and follow a written schedule for inspecting all
				monitoring equipment, safety, and emergency equipment, security devices, and
				operating and structural equipment (such as dikes and sump pumps) that are
				important to preventing, detecting, or responding to environmental or human
				health hazards.
b. The owner or
				operator shall keep this schedule at the facility.
c. The schedule must identify the types of
				problems, for example, malfunctions or deterioration, which are to be looked
				for during the inspection, for example, inoperative sump pump, leaking fitting,
				eroding dike, etc.
d. The frequency
				of inspection may vary for the items on the schedule. However, the frequency
				should be based on the rate of deterioration of the equipment and the
				probability of an environmental or human health incident if the deterioration,
				malfunction, or operator error goes undetected between inspections. Areas
				subject to spills, such as loading and unloading areas, must be inspected daily
				when in use. At a minimum, the inspection schedule must include the items and
				frequencies called for in sections
				33-24-05-93,
				33-24-05-106,
				33-24-05-108,
				33-24-05-120,
				33-24-05-132,
				33-24-05-150,
				33-24-05-165,
				33-24-05-178,
				33-24-05-302,
				33-24-05-403,
				33-24-05-422,
				33-24-05-423,
				33-24-05-428, and
				33-24-05-453 through
				33-24-05-459, where
				applicable.
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 › Section 33-24-05-07 - Personnel training

Current through Supplement No. 393, July, 2024
1. Initial training
				requirements.
a. Facility personnel shall
				successfully complete a program of classroom instruction or on-the-job training
				that teaches them to perform their duties in a way that ensures the facility's
				compliance with the requirements of these rules. The owner or operator shall
				ensure that this program includes all the elements described in the document
				required under subdivision c of subsection 4.
b. This program must be directed by a person
				trained in hazardous waste management procedures, and must include instruction
				which teaches facility personnel hazardous waste management procedures,
				including contingency plan implementation, relevant to the positions in which
				they are employed.
c. At a minimum,
				the training program must be designed to ensure that facility personnel are
				able to respond effectively to emergencies by familiarizing them with emergency
				procedures, emergency equipment, and emergency systems, including where
				applicable:
(1) Procedures for using,
				inspecting, repairing, and replacing facility emergency and monitoring
				equipment.
(2) Key parameters for
				automatic waste feed cutoff systems.
(3) Communications or alarm
				systems.
(4) Response to fires or
				explosions.
(5) Response to ground
				water contamination incidents.
(6)
				Shutdown of operations.
d. For facility employees that receive
				emergency response training pursuant to occupational safety and health
				administration regulations 29 CFR
				1910.120(p)(8) and
				1910.120(q), the
				facility is not required to provide separate emergency response training
				pursuant to this section, provided that the overall facility training meets all
				the requirements of this section.
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 › Section 33-24-05-08 - General requirements for ignitable, reactive, or incompatible wastes

Current through Supplement No. 393, July, 2024
1. The owner or operator shall take
				precautions to prevent accidental ignition or reaction of ignitable or reactive
				waste. This waste must be separated and protected from sources of ignition or
				reaction including, but not limited to: open flames, smoking, cutting and
				welding, hot surfaces, frictional heat, sparks (static, electrical, or
				mechanical), spontaneous ignition (for example, from heat-producing chemical
				reactions), and radiant heat. While ignitable or reactive waste is being
				handled, the owner or operator shall confine smoking and open flames to
				specially designated locations. "No Smoking" signs must be conspicuously placed
				wherever there is a hazard from ignitable or reactive wastes.
2. Where specifically required by other
				sections of this chapter, the owner or operator of a facility that treats,
				stores, or disposes ignitable or reactive waste, or mixes incompatible wastes,
				or incompatible wastes and other materials, must take precautions to prevent
				reactions which:
a. Generate extreme heat or
				pressure, fire or explosion, or violent reaction;
b. Produce uncontrolled toxic mists, fumes,
				dust, or gases in sufficient quantity to threaten human health or the
				environment;
c. Produce
				uncontrolled flammable fumes or gases in sufficient quantities to pose a risk
				of fire or explosions;
d. Damage
				the structural integrity of the device or facility; or
e. Through other like means threaten human
				health or the environment.
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 › Section 33-24-05-09 - Location standards

Current through Supplement No. 393, July, 2024
1. The department
				will not issue a permit to any facility which is or will be constructed in a
				location with a geology, hydrogeology, hydrology, or topography which the
				department reasonably believes is incompatible with the type of hazardous waste
				management activity occurring or proposed to occur. Locations which are
				specifically within the meaning of this section include but are not limited to
				floodplains, ground water recharge areas, highly permeable soils, high ground
				water tables, and areas of high topographic relief.
2. The placement of any noncontainerized or
				bulk liquid hazardous waste in any salt dome formation, salt bed formation,
				underground mine, or cave is prohibited.
General Authority: NDCC 23-20.3-03
Law Implemented: NDCC 23-20.3-03,
					 23-20.3-04
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 › Section 33-24-05-10 - Construction quality assurance program

Current through Supplement No. 393, July, 2024
1.
Construction quality assurance program.
a. A construction quality assurance program
				is required for all surface impoundment, waste pile, and landfill units that
				are required to comply with subsections 3 and 4 of section
				33-24-05-119, subsections 2 and 3
				of section
				33-24-05-131, and subsections 3
				and 4 of section
				33-24-05-177. The program must
				ensure that the constructed unit meets or exceeds all design criteria and
				specifications in the permit. The program must be developed and implemented
				under the direction of a construction quality assurance officer who is a
				registered professional engineer.
b. The construction quality assurance program
				must address the following physical components, where applicable:
(1) Foundations;
(2) Dikes;
(3) Low-permeability soil liners;
(4) Geomembranes (flexible membrane
				liners);
(5) Leachate collection
				and removal systems and leak detection systems; and
(6) Final cover systems.
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 › Section 33-24-05-11 - Reserved

Current through Supplement No. 393, July, 2024
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 › Section 33-24-05-12 - Reserved

Current through Supplement No. 393, July, 2024
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 › Section 33-24-05-13 - Reserved

Current through Supplement No. 393, July, 2024
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 › Section 33-24-05-14 - Reserved

Current through Supplement No. 393, July, 2024
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 › PREPAREDNESS AND PREVENTION REQUIREMENTS › Section 33-24-05-15 - Design and operation of facility

Current through Supplement No. 393, July, 2024
Facilities must be designed, constructed, maintained, and
					 operated to minimize the possibility of a fire, explosion, or any unplanned
					 sudden or nonsudden release of hazardous waste or hazardous waste constituents
					 to air, soil, or surface water which could threaten human health or the
					 environment.
General Authority: NDCC 23-20.3-03
Law Implemented: NDCC 23-20.3-03,
						23-20.3-04
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 › PREPAREDNESS AND PREVENTION REQUIREMENTS › Section 33-24-05-16 - Required equipment

Current through Supplement No. 393, July, 2024
All facilities must be equipped with the following, unless
					 it can be demonstrated to the department that none of the hazards posed by
					 waste handled at the facility could require a particular kind of equipment
					 specified below:
1. An internal
				  communications or alarm system capable of providing immediate emergency
				  instruction (voice or signal) to facility personnel.
2. A device, such as a telephone (immediately
				  available at the scene of operations), or a hand-held two-way radio, capable of
				  summoning emergency assistance from local police departments, fire departments,
				  or state or local emergency response teams.
3. Portable fire extinguishers, fire control
				  equipment, including special extinguishing equipment (such as that using foam,
				  inert gas, or dry chemicals), spill control equipment, and decontamination
				  equipment.
4. Water at adequate
				  volume and pressure to supply water hose streams, foam-producing equipment,
				  automatic sprinklers, or water spray systems.
General Authority: NDCC 23-20.3-03
Law Implemented: NDCC 23-20.3-03,
						23-20.3-04
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 › PREPAREDNESS AND PREVENTION REQUIREMENTS › Section 33-24-05-17 - Testing and maintenance of equipment

Current through Supplement No. 393, July, 2024
All facility communications or alarm systems, fire
					 protection equipment, spill control equipment, and decontamination equipment,
					 where required, must be tested and maintained as necessary, to ensure its
					 proper operation in time of emergency.
General Authority: NDCC 23-20.3-03
Law Implemented: NDCC 23-20.3-03,
						23-20.3-04
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 › PREPAREDNESS AND PREVENTION REQUIREMENTS › Section 33-24-05-18 - Access to communications or alarm system

Current through Supplement No. 393, July, 2024
1. Whenever hazardous waste is being poured,
				  mixed, spread, or otherwise handled, all personnel involved in the operation
				  must have immediate access to an internal alarm or emergency communication
				  device, either directly or through visual or voice contact with another
				  employee, unless such a device is not required under section
				  33-24-05-16.
2. If there is ever just one employee on the
				  premises while the facility is operating, the employee must have immediate
				  access to a device, such as a telephone, immediately available at the scene of
				  the operation, or a hand-held two-way radio, capable of summoning external
				  emergency assistance, unless such a device is not required under section
				  33-24-05-16.
General Authority: NDCC 23-20.3-03
Law Implemented: NDCC 23-20.3-03,
						23-20.3-04
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 › PREPAREDNESS AND PREVENTION REQUIREMENTS › Section 33-24-05-19 - Required aisle space

Current through Supplement No. 393, July, 2024
The owner or operator shall maintain aisle space to allow
					 the unobstructed movement of personnel, fire protection equipment, spill
					 control equipment, and decontamination equipment to any area of facility
					 operation in an emergency, unless it can be demonstrated to the department that
					 aisle space is not needed for any of these purposes.
General Authority: NDCC 23-20.3-03
Law Implemented: NDCC 23-20.3-03,
						23-20.3-04
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 › PREPAREDNESS AND PREVENTION REQUIREMENTS › Section 33-24-05-20 - Arrangements with local authorities

Current through Supplement No. 393, July, 2024
1. The
				  owner or operator shall attempt to make the following arrangements, as
				  appropriate for the types of waste handled at the facility and the potential
				  need for the services of these organizations:
a. Arrangements to familiarize police, fire
				  departments, and emergency response teams with the layout of the facility,
				  properties of hazardous waste handled at the facility and associated hazards,
				  places where facility personnel would normally be working, entrances to and
				  roads inside the facility, and possible evacuation routes.
b. Where more than one police and fire
				  department might respond to an emergency, agreements designating primary
				  emergency authority to a specific police and a specific fire department and
				  agreements with any others to provide support to the primary emergency
				  authority.
c. Agreements with state
				  emergency response teams, emergency response contractors, and equipment
				  suppliers.
d. Arrangements to
				  familiarize local hospitals with the properties of hazardous waste handled at
				  the facility and the types of injuries or illnesses which could result from
				  fires, explosions, or releases at the facility.
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 › PREPAREDNESS AND PREVENTION REQUIREMENTS › Section 33-24-05-21 - Reserved

Current through Supplement No. 393, July, 2024
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 › PREPAREDNESS AND PREVENTION REQUIREMENTS › Section 33-24-05-22 - Reserved

Current through Supplement No. 393, July, 2024
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 › PREPAREDNESS AND PREVENTION REQUIREMENTS › Section 33-24-05-23 - Reserved

Current through Supplement No. 393, July, 2024
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 › PREPAREDNESS AND PREVENTION REQUIREMENTS › Section 33-24-05-24 - Reserved

Current through Supplement No. 393, July, 2024
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 › PREPAREDNESS AND PREVENTION REQUIREMENTS › Section 33-24-05-25 - Reserved

Current through Supplement No. 393, July, 2024
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 › CONTINGENCY PLAN AND EMERGENCY PROCEDURES REQUIREMENTS › Section 33-24-05-26 - Purpose and implementation of contingency plan

Current through Supplement No. 393, July, 2024
1. Each owner or operator shall have a
				  contingency plan for the facility. The contingency plan must be designed to
				  minimize hazards to human health or the environment from fires, explosions, or
				  any unplanned sudden or nonsudden release of hazardous waste or hazardous waste
				  constituents to air, soil, or surface water.
2. The provisions of the plan must be carried
				  out immediately whenever there is a fire, explosion, or release of hazardous
				  waste or hazardous waste constituents which could threaten human health or the
				  environment.
General Authority: NDCC 23-20.3-03
Law Implemented: NDCC 23-20.3-03,
						23-20.3-04
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 › CONTINGENCY PLAN AND EMERGENCY PROCEDURES REQUIREMENTS › Section 33-24-05-27 - Content of contingency plan

Current through Supplement No. 393, July, 2024
1. The
				  contingency plan must describe the actions facility personnel must take to
				  comply with sections
				  33-24-05-26 and
				  33-24-05-31 in response to fires,
				  explosions, or any unplanned sudden or nonsudden release of hazardous waste or
				  hazardous constituents to air, soil, or surface water at the
				  facility.
2. If the owner or
				  operator has already prepared a spill prevention, control, and countermeasures
				  plan in accordance with 40 CFR part 112, or some other emergency or contingency
				  plan, the owner or operator need only amend that plan to incorporate hazardous
				  waste management provisions that are sufficient to comply with these
				  requirements. The owner or operator may develop one contingency plan which
				  meets all regulatory requirements. The department recommends that the plan be
				  based on the national response team's integrated contingency plan guidance
				  ("one plan"). When modifications are made to nonhazardous waste provisions in
				  an integrated contingency plan, the changes do not trigger the need for a
				  hazardous waste permit modification.
3. The plan must describe arrangements agreed
				  to by local police departments, fire departments, hospitals, contractors, and
				  state and local emergency response teams to coordinate emergency services,
				  pursuant to section
				  33-24-05-20.
4. The plan must list names, addresses, and
				  telephone numbers (office and home) of all persons qualified to act as
				  emergency coordinator and this list must be kept up to date. Where more than
				  one is listed, one must be named as primary emergency coordinator and others
				  must be listed in the order in which they will assume responsibility as
				  alternates.
5. The plan must
				  include a list of all emergency equipment at the facility, such as fire
				  extinguishing systems, spill control equipment, communications and alarm
				  systems (internal and external), and decontamination equipment, where this
				  equipment is required. This list must be kept up to date. In addition, the plan
				  must include the location and a physical description of each item on the list,
				  and a brief outline of its capabilities.
6. The plan must include an evacuation plan
				  for facility personnel where there is a possibility that evacuation could be
				  necessary. This plan must describe signals to be used to begin evacuation,
				  evacuation routes, and alternate evacuation routes, in cases where the primary
				  routes could be blocked by releases of hazardous waste or fires.
General Authority:
NDCC
						23-20.3-03
Law Implemented:
NDCC
						23-20.3-03,
						23-20.3-04
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 › CONTINGENCY PLAN AND EMERGENCY PROCEDURES REQUIREMENTS › Section 33-24-05-28 - Copies of contingency plan

Current through Supplement No. 393, July, 2024
A copy of the contingency plan and all revisions to the
					 plan must be:
1. Maintained at the
				  facility; and
2. Submitted to all
				  local police departments, fire departments, hospitals, and state and local
				  emergency response teams that may be called upon to provide emergency
				  services.
General Authority: NDCC 23-20.3-03
Law Implemented: NDCC 23-20.3-03,
						23-20.3-04
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 › CONTINGENCY PLAN AND EMERGENCY PROCEDURES REQUIREMENTS › Section 33-24-05-29 - Amendment of contingency plan

Current through Supplement No. 393, July, 2024
The contingency plan must be reviewed, and immediately
					 amended, if necessary, whenever:
1.
				  The facility permit is revised;
2.
				  The plan fails in an emergency;
3.
				  The facility changes in its design, construction, operation, maintenance, or
				  other circumstances, in a way that materially increases the potential for
				  fires, explosions, or releases of hazardous waste or hazardous waste
				  constituents, or changes the response necessary in an emergency;
4. The list of emergency coordinators
				  changes;
5. The list of emergency
				  equipment changes; or
6. Applicable
				  regulations are revised.
General Authority: NDCC 23-20.3-03
Law Implemented: NDCC 23-20.3-03,
						23-20.3-04
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 › CONTINGENCY PLAN AND EMERGENCY PROCEDURES REQUIREMENTS › Section 33-24-05-30 - Emergency coordinator

Current through Supplement No. 393, July, 2024
At all times, there must be at least one employee either
					 on the facility premises or on call, i.e., available to respond to an emergency
					 by reaching the facility within a short period of time, with the responsibility
					 for coordinating all emergency response measures. This emergency coordinator
					 shall be thoroughly familiar with all aspects of the facility's contingency
					 plan, all operations and activities at the facility, the location and
					 characteristics of wastes handled, the location of all records within the
					 facility, and the facility layout. In addition, this person must have the
					 authority to commit the resources needed to carry out the contingency plan.
General Authority: NDCC 23-20.3-03
Law Implemented: NDCC 23-20.3-03,
						23-20.3-04
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 › CONTINGENCY PLAN AND EMERGENCY PROCEDURES REQUIREMENTS › Section 33-24-05-31 - Emergency procedures

Current through Supplement No. 393, July, 2024
1. When there is an
				  imminent or actual emergency situation, the emergency coordinator, or the
				  coordinator's designee when the emergency coordinator is on call, shall
				  immediately:
a. Activate internal facility
				  alarms or communication systems, where applicable, to notify all facility
				  personnel.
b. Notify appropriate
				  state or local agencies with designated response roles if their help is
				  needed.
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 › CONTINGENCY PLAN AND EMERGENCY PROCEDURES REQUIREMENTS › Section 33-24-05-32 - Reserved

Current through Supplement No. 393, July, 2024
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 › CONTINGENCY PLAN AND EMERGENCY PROCEDURES REQUIREMENTS › Section 33-24-05-33 - Reserved

Current through Supplement No. 393, July, 2024
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 › CONTINGENCY PLAN AND EMERGENCY PROCEDURES REQUIREMENTS › Section 33-24-05-34 - Reserved

Current through Supplement No. 393, July, 2024
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 › CONTINGENCY PLAN AND EMERGENCY PROCEDURES REQUIREMENTS › Section 33-24-05-35 - Reserved

Current through Supplement No. 393, July, 2024
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 › CONTINGENCY PLAN AND EMERGENCY PROCEDURES REQUIREMENTS › Section 33-24-05-36 - Reserved

Current through Supplement No. 393, July, 2024
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 › MANIFEST, RECORDKEEPING, AND REPORTING REQUIREMENTS › Section 33-24-05-37 - Applicability of manifest system, recordkeeping, and reporting requirements

Current through Supplement No. 393, July, 2024
1. Sections
				  33-24-05-37 through 33-24-05-46
				  apply to owners and operators of both onsite and offsite facilities except as
				  section 33-24-05-01 provides otherwise.
				  Sections 33-24-05-38,
				  33-24-05-39, and
				  33-24-05-43 do not apply to owners
				  and operators of onsite facilities that do not receive any hazardous waste from
				  offsite sources, and to owners and operators of offsite facilities with respect
				  to waste military munitions exempted from manifest requirements under
				  subsection 1 of section
				  33-24-05-823. Subsection 2 of
				  section 33-24-05-40 only applies to
				  permittees who treat, store, or dispose of hazardous waste onsite where such
				  wastes were generated.
2. The
				  revised manifest form and procedures in sections
				  33-24-01-04,
				  33-24-02-07,
				  33-24-05-37,
				  33-24-05-38,
				  33-24-05-39, and
				  33-24-05-43, shall not apply until
				  September 5, 2006, or 33-24 is amended and effective, but not prior to
				  September 5, 2006. The manifest form and procedures in sections
				  33-24-01-04,
				  33-24-02-07,
				  33-24-05-37,
				  33-24-05-38,
				  33-24-05-39, and
				  33-24-05-43, contained in 33-24,
				  amended December 1, 2003, shall be applicable until September 5, 2006, or when
				  amended, but not prior to September 5, 2006.
General Authority:
NDCC
						23-20.3-03
Law Implemented:
NDCC
						23-20.3-03,
						23-20.3-04
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 › MANIFEST, RECORDKEEPING, AND REPORTING REQUIREMENTS › Section 33-24-05-38 - Use of manifest system

Current through Supplement No. 393, July, 2024
1. If a
				  facility receives :
a. Hazardous waste
				  accompanied by a manifest, the owner or operator, or the owner's or operator's
				  agent shall sign and date the manifest as indicated in subdivision b to certify
				  that the hazardous waste covered by the manifest was received, that the
				  hazardous waste was received except as noted in the discrepancy space of the
				  manifest, or that the hazardous waste was rejected as noted in the manifest
				  discrepancy space.
b. A hazardous
				  waste shipment accompanied by a manifest, the owner or operator, or the owner's
				  or operator's agent, shall:
(1) Sign and
				  date, by hand, each copy of the manifest;
(2) Note any discrepancies in the manifest,
				  as defined in subsection 1 of section
				  33-24-05-39, on each copy of the
				  manifest;
(3) Immediately give the
				  transporter at least one copy of the signed manifest;
(4) Within thirty days after the delivery,
				  send a copy (page 3) of the manifest to the generator;
(5) Within thirty days of delivery, send the
				  top copy (page 1) of the manifest to the e-manifest system for purposes of data
				  entry and processing. In lieu of mailing this copy to the environmental
				  protection agency, the owner or operator may transmit to the environmental
				  protection agency system an image file of page 1 of the manifest, or both a
				  data string file and the image file corresponding to page 1 of the manifest.
				  Any data or image files transmitted to the environmental protection agency
				  under this paragraph must be submitted in data file and image file formats that
				  are acceptable to the environmental protection agency and that are supported by
				  the environmental protection agency's electronic reporting requirements and by
				  the electronic manifest system; and
(6) Retain at the facility a copy of each
				  manifest for at least three years from the date of delivery.
c. Hazardous waste imported from a
				  foreign source, the receiving facility must mail a copy of the manifest and
				  documentation confirming the environmental protection agency's consent to the
				  import of hazardous waste to the department and to the following address within
				  thirty days of delivery: office of enforcement and compliance assurance, office
				  of federal activities, international compliance assurance division (2254A),
				  environmental protection agency, 1200 Pennsylvania Avenue NW, Washington, D.C.
				  20460.
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 › MANIFEST, RECORDKEEPING, AND REPORTING REQUIREMENTS › Section 33-24-05-39 - Manifest discrepancies

Current through Supplement No. 393, July, 2024
1. Manifest
				  discrepancies are :
a. Significant
				  differences (as defined by subsection 2) between the quantity or type of
				  hazardous waste designated on the manifest or shipping paper, and the quantity
				  and type of hazardous waste a facility actually receives;
b. Rejected wastes, which may be a full or
				  partial shipment of hazardous waste that the treatment, storage, or disposal
				  facility cannot accept; or
c.
				  Container residues, which are residues that exceed the quantity limits for
				  empty containers set forth in subsections 3, 4, and 5 of section
				  33-24-02-07.
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 › MANIFEST, RECORDKEEPING, AND REPORTING REQUIREMENTS › Section 33-24-05-41 - Availability, retention, and disposition of records

Current through Supplement No. 393, July, 2024
1. All records, including plans, required
				  under this chapter must be furnished upon request, and made available at all
				  reasonable times for inspection, by a duly designated officer, employee, or
				  representative of the department.
2. The retention period for all records is
				  extended automatically during the course of any unresolved enforcement action
				  regarding the facility or as requested by the department.
3. A copy of records of waste disposal
				  locations and quantities under subdivision b of subsection 2 of section
				  33-24-05-40 must be submitted to
				  the department and local land authority upon closure of the facility.
General Authority: NDCC 23-20.3-03
Law Implemented: NDCC 23-20.3-03,
						23-20.3-04
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 › MANIFEST, RECORDKEEPING, AND REPORTING REQUIREMENTS › Section 33-24-05-42 - Biennial report

Current through Supplement No. 393, July, 2024
The owner or operator shall prepare and submit a single
					 copy of a biennial report to the department by March first of each
					 even-numbered year. The report form and instructions can be obtained from the
					 department's division of waste management and special studies. The biennial
					 report must cover facility activities during the previous calendar year and
					 must include the following information:
1. The identification number, name, and
				  address of the facility.
2. The
				  calendar year covered by the report.
3. For offsite facilities, identification
				  number of each hazardous waste generator from which the facility received a
				  hazardous waste during the year; for imported shipments, the report must give
				  the name and address of the foreign generator.
4. A description and quantity of each
				  hazardous waste the facility received during the year. For offsite facilities,
				  this information must be listed by identification number of each
				  generator.
5. The method of
				  treatment, storage, or disposal for each hazardous waste.
6. Any ground water monitoring data which the
				  owner or operator is required to collect under section
				  33-24-05-55,
				  33-24-05-56, or
				  33-24-05-57, and which the owner
				  or operator has not otherwise submitted to the department under those
				  sections.
7. The most recent
				  closure and postclosure cost estimate under section
				  33-24-05-76.
8. For generators who treat, store, or
				  dispose of hazardous waste onsite, a description of the efforts undertaken
				  during the year to reduce the volume and toxicity of waste generated.
9. For generators who treat, store, or
				  dispose of hazardous waste onsite, a description of the changes in volume and
				  toxicity of waste actually achieved during the year in comparison to previous
				  years to the extent such information is available for the years prior to
				  1984.
10. The certification signed
				  by the owner or operator of the facility or the owner's or operator's
				  authorized representative.
General Authority: NDCC 23-20.3-03
Law Implemented: NDCC 23-20.3-03,
						23-20.3-04
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 › MANIFEST, RECORDKEEPING, AND REPORTING REQUIREMENTS › Section 33-24-05-43 - Unmanifested waste report

Current through Supplement No. 393, July, 2024
1.
If a facility accepts for treatment, storage, or disposal
					 any hazardous waste from an offsite source without an accompanying manifest, or
					 without an accompanying shipping paper as described in subsection 5 of section
					 33-24-04-04 and if the waste is
					 not excluded from the manifest requirement by this article, then the owner or
					 operator shall prepare and submit a single copy of a report to the department
					 within fifteen days after receiving the waste. The report must be designated
					 "Unmanifested Waste Report" and must include the following information:
a. The identification number, name, and
				  address of the facility;
b. The
				  date the facility received the waste;
c. The identification number, name, and
				  address of the generator and the transporter, if available;
d. A description and the quantity of each
				  unmanifested hazardous waste the facility received;
e. The method of treatment, storage, or
				  disposal for each hazardous waste;
f. The certification signed by the owner or
				  operator of the facility or the owner's or operator's authorized
				  representative; and
g. A brief
				  explanation of why the waste was unmanifested, if known.
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 › MANIFEST, RECORDKEEPING, AND REPORTING REQUIREMENTS › Section 33-24-05-44 - Additional reports

Current through Supplement No. 393, July, 2024
In addition to submitting the biennial reports and
					 unmanifested waste reports described in sections
					 33-24-05-42 and
					 33-24-05-43, the owner or operator
					 shall also report to the department:
1. Releases, fires, and explosions as
				  specified in subsection 10 of section
				  33-24-05-31.
2. Facility closures specified in section
				  33-24-05-64.
3. As otherwise required by sections
				  33-24-05-47 through
				  33-24-05-58,
				  33-24-05-118 through 33-24-05-143,
				  33-24-05-160 through 33-24-05-190,
				  and 33-24-05-400 through
				  33-24-05-474.
General Authority: NDCC 23-20.3-03
Law Implemented: NDCC 23-20.3-03,
						23-20.3-04
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 › MANIFEST, RECORDKEEPING, AND REPORTING REQUIREMENTS › Section 33-24-05-45 - Reserved

Current through Supplement No. 393, July, 2024
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 › MANIFEST, RECORDKEEPING, AND REPORTING REQUIREMENTS › Section 33-24-05-46 - Reserved

Current through Supplement No. 393, July, 2024
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 › RELEASES FROM SOLID WASTE MANAGEMENT UNITS REQUIREMENTS › Section 33-24-05-47 - Applicability of releases from solid waste management units requirements

Current through Supplement No. 393, July, 2024
1. Applicability.
a. Except as provided in subsection 2,
				  sections 33-24-05-47 through
				  33-24-05-58 apply to owners or
				  operators of facilities that treat, store, or dispose of hazardous waste. The
				  owner or operator must satisfy the requirements identified in subdivision b of
				  subsection 1 for all wastes (or constituents thereof) contained in solid waste
				  management units at the facility, regardless of the time at which waste was
				  placed in such units.
b. All solid
				  waste management units must comply with the requirements in section
				  33-24-05-58. A surface
				  impoundment, waste pile, and land treatment unit, or landfill that receives
				  hazardous waste after July 26, 1982, (hereinafter referred to as a "regulated
				  unit") must comply with the requirements of sections
				  33-24-05-48 through
				  33-24-05-57 in lieu of section
				  33-24-05-58 for purposes of
				  detecting, characterizing, and responding to releases to the uppermost aquifer.
				  The financial responsibility requirements of section
				  33-24-05-58 apply to regulated
				  units.
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 › RELEASES FROM SOLID WASTE MANAGEMENT UNITS REQUIREMENTS › Section 33-24-05-48 - Required programs

Current through Supplement No. 393, July, 2024
1. Owners and
				  operators subject to the ground water protection requirements of sections
				  33-24-05-47 through
				  33-24-05-58 shall conduct a
				  monitoring and response program as follows:
a.
				  Whenever hazardous constituents under section
				  33-24-05-50 from a regulated unit
				  are detected at a compliance point under section
				  33-24-05-52, the owner or operator
				  must institute a compliance monitoring program under section
				  33-24-05-56. Detected is defined
				  as statistically significant evidence of contamination as described in
				  subsection 6 of section
				  33-24-05-55;
b. Whenever the ground water protection
				  standard under section
				  33-24-05-49 is exceeded, the owner
				  or operator must institute a corrective action program under section
				  33-24-05-57. Exceeded is defined
				  as statistically significant evidence of increased contamination as described
				  in subsection 4 of section
				  33-24-05-56;
c. Whenever hazardous constituents under
				  section 33-24-05-50 from a regulated unit
				  exceed concentration limits under section
				  33-24-05-51 in ground water
				  between the compliance point under section
				  33-24-05-52 and the downgradient
				  facility boundary property, the owner or operator shall institute a corrective
				  action program under section
				  33-24-05-57; or
d. In all other cases, the owner or operator
				  shall institute a detection monitoring program under section
				  33-24-05-55.