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 › UNIVERSAL WASTE › Section 33-24-05-781 - Factors for petitions to include other wastes under sections 33-24-05-700 through 33-24-05-799

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
				  33-24-02-15 through
				  33-24-02-19, or (if not listed) a
				  proportion of the waste stream exhibits one or more characteristics of
				  hazardous waste identified in sections
				  33-24-02-10 through
				  33-24-02-14. (When a
				  characteristic waste is added to the universal waste regulations of sections
				  33-24-05-700 through 33-24-05-799 by using a generic name to identify the waste
				  category (for example, batteries), the definition of universal waste in section
				  33-24-01-04 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 33-24-05-700 through
				  33-24-05-799;
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, conditionally exempt 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
				  33-24-05-713,
				  33-24-05-733, and
				  33-24-05-752; 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 33-24-05-700 through 33-24-05-799 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 33-24-05-700 through 33-24-05-799
				  will improve implementation of the hazardous waste regulatory program;
				  and
8. Such other factors as may be
				  appropriate.
General Authority:
NDCC
						23-20.3-03
Law Implemented:
NDCC
						23-20.3-03,
						23-20.3-04