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 › LOW-LEVEL MIXED WASTES › Section 33.1-24-05-857 - Conditions to qualify for and maintain a storage and treatment exemption

Current through Supplement No. 393, July, 2024
1. For a
				  generator's, treater's, or other handler's low-level mixed waste to qualify for
				  the exemption, the generator, treater, or other handler must notify the
				  department in writing by certified delivery that the generator, treater, or
				  other handler is claiming a conditional exemption for the low-level mixed waste
				  stored at the facility. The dated notification must include the generator's,
				  treater's, or other handler's name, address, identification number, nuclear
				  regulatory commission or nuclear regulatory commission agreement state license
				  number, the waste code or codes and storage unit or units for which an
				  exemption is being sought, and a statement that the generator, treater, or
				  other handler meets the conditions of sections
				  33.1-24-05-850 through
				  33.1-24-05-929. The notification
				  must be signed by an authorized representative who certifies that the
				  information in the notification is true, accurate, and complete. The generator,
				  treater, or other handler must notify the department of the claim either within
				  ninety days of the effective date of this rule, or within ninety days of when a
				  storage unit is first used to store conditionally exempt low-level mixed
				  waste.
2. To qualify for and
				  maintain an exemption for low-level mixed waste, the generator, treater, or
				  other handler must:
a. Store low-level mixed
				  waste in tanks or containers in compliance with the requirements of the
				  generator's, treater's, or other handler's license that apply to the proper
				  storage of low-level radioactive waste (not including those license
				  requirements that relate solely to recordkeeping);
b. Store low-level mixed waste in tanks or
				  containers in compliance with chemical compatibility requirements of a tank or
				  container in section
				  33.1-24-05-96, or section
				  33.1-24-05-112;
c. Certify that facility personnel who manage
				  stored conditionally exempt low-level mixed waste are trained in a manner that
				  ensures that the conditionally exempt waste is safely managed and includes
				  training in chemical waste management and hazardous materials incidents
				  response that meets the personnel training standards found in subdivision c of
				  subsection 1 of section
				  33.1-24-05-07;
d. Conduct an inventory of the generator's,
				  treater's, or other handler's stored conditionally exempt low-level mixed waste
				  at least annually and inspect it at least quarterly for compliance with
				  sections
				  33.1-24-05-850 through
				  33.1-24-05-929; and
e. Maintain an accurate emergency plan and
				  provide copies of the plan to all local authorities who may have to respond to
				  a fire, explosion, or release of hazardous waste or hazardous constituents. The
				  plan must describe emergency response arrangements with local authorities;
				  describe evacuation plans; list the names, addresses, and telephone numbers of
				  all facility personnel qualified to work with local authorities as emergency
				  coordinators; and list emergency equipment.