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 › LAND DISPOSAL RESTRICTIONS › Section 33-24-05-256 - Testing, tracking, and recordkeeping requirements for generators, treaters, and disposal facilities

Current through Supplement No. 393, July, 2024
1. Requirements for
				  generators:
a. A generator of hazardous waste
				  must determine if the waste has to be treated before it can be land disposed.
				  This is done by determining if the hazardous waste meets the treatment
				  standards in section
				  33-24-05-280, or section
				  33-24-05-285, or section
				  33-24-05-289. This determination
				  can be made concurrently with the hazardous waste determination required in
				  section 33-24-03-02, in either of two
				  ways: testing the waste or using knowledge of the waste. If the generator tests
				  the waste, testing would normally determine the total concentration of
				  hazardous constituents, or the concentration of hazardous constituents in an
				  extract of the waste obtained using test method 1311 in "Test Methods for
				  Evaluating Solid Waste, Physical/Chemical Methods", environmental protection
				  agency publication SW-846, as referenced in section
				  33-24-01-05, depending on whether
				  the treatment standard for the waste is expressed as a total concentration or
				  concentration of hazardous constituent in the waste's extract. (Alternatively,
				  the generator must send the waste to a hazardous waste permitted treatment
				  facility, where the waste treatment facility must comply with the requirements
				  of section
				  33-24-05-04 and subsection 2.) In
				  addition, some hazardous wastes must be treated by particular treatment methods
				  before they can be land disposed and some soils are contaminated by such
				  hazardous wastes. These treatment standards are also found in section
				  33-24-05-280 and are described in
				  detail in section
				  33-24-05-282, table 1. These
				  wastes, and soils contaminated with such wastes, do not need to be tested
				  (however, if they are in a waste mixture, other wastes with concentration level
				  treatment standards would have to be tested). If a generator determines they
				  are managing a waste or soil contaminated with a waste, that displays a
				  hazardous characteristic of ignitability, corrosivity, reactivity, or toxicity,
				  they must comply with the special requirements of section
				  33-24-05-258 in addition to any
				  applicable requirements in this section.
b. If the waste or contaminated soil does not
				  meet the treatment standards, or if the generator chooses not to make the
				  determination of whether the generator's waste must be treated, with the
				  initial shipment of waste to each treatment or storage facility, the generator
				  must send a one-time written notice to each treatment or storage facility
				  receiving the waste and place a copy in the file. The notice must include the
				  information in column "subdivision b" of the generator paperwork requirements
				  table in subdivision d. (Alternatively, if the generator chooses not to make
				  the determination of whether the waste must be treated, the notification must
				  include the hazardous waste numbers and manifest number of the first shipment
				  and must state "This hazardous waste may or may not be subject to the land
				  disposal restrictions treatment standards. The treatment facility must make the
				  determination".) No further notification is necessary until such time that the
				  waste or facility change, in which case a new notification must be sent and a
				  copy placed in the generator's file.
(1) For
				  contaminated soil, the following certification statement should be included,
				  signed by an authorized representative:
I certify under penalty of law that I personally have
					 examined this contaminated soil and it [does/does not] contain listed hazardous
					 waste and [does/does not] exhibit a characteristic of hazardous waste and
					 requires treatment to meet the soil treatment standards as provided by
					 subsection 3 of section
					 33-24-05-289.
(2) [Reserved]
c. If the waste or contaminated soil meets
				  the treatment standard at the original point of generation:
(1) With the initial shipment of waste to
				  each treatment, storage, or disposal facility, the generator must send a
				  one-time written notice to each treatment, storage, or disposal facility
				  receiving the waste and place a copy in the file. The notice must include the
				  information indicated in column "subdivision c" of the generator paperwork
				  requirements table in subdivision d of subsection 1 and the following
				  certification statement, signed by an authorized representative:
I certify under penalty of law that I personally have
					 examined and am familiar with the waste through analysis and testing or through
					 knowledge of the waste to support this certification that the waste complies
					 with the treatment standards specified in sections
					 33-24-05-280 through
					 33-24-05-289. I believe that the
					 information I submitted is true, accurate, and complete. I am aware that there
					 are significant penalties for submitting a false certification, including the
					 possibility of a fine and imprisonment.
(2) For contaminated soil, with the initial
				  shipment of wastes to each treatment, storage, or disposal facility, the
				  generator must send a one-time written notice to each facility receiving the
				  waste and place a copy in the file. The notice must include the information in
				  column "subdivision c" of the generator paperwork requirements table in
				  subdivision d of subsection 1.
(3)
				  If the waste changes, the generator must send a new notice and certification to
				  the receiving facility and place a copy in its files. Generators of hazardous
				  debris excluded from the definition of hazardous waste under subsection 5 of
				  section 33-24-02-03 are not subject to
				  these requirements.
d.
				  For reporting, tracking, and recordkeeping when exceptions allow certain wastes
				  or contaminated soil that do not meet the treatment standards to be land
				  disposed: There are certain exemptions from the requirement that hazardous
				  wastes or contaminated soil meet treatment standards before they can be land
				  disposed. These include, but are not limited to case-by-case extensions under
				  section 33-24-05-254, disposal in a
				  no-migration unit under section
				  33-24-05-255, or a national
				  capacity variance or case-by-case capacity variance under sections 33-24-05-266
				  through 33-24-05-279. If a generator's
				  waste is so exempt, then with the initial shipment of waste, the generator must
				  send a one-time written notice to each land disposal facility receiving the
				  waste. The notice must include the information indicated in column "subdivision
				  d" of the generator paperwork requirements table. If the waste changes, the
				  generator must send a new notice to the receiving facility and place a copy in
				  its files.
Generator Paperwork Requirements Table
Required Information*
Subdivision b
Subdivision c
Subdivision d
Subdivision i
1. Environmental protection agency hazardous
								  waste numbers and manifest number of first shipment.
TICK
TICK
TICK
TICK
2. Statement: This waste is not prohibited from
								  land disposal.
TICK
3. The waste is subject to the land disposal
								  restrictions. The constituents of concern for F001-F005, and F039, and
								  underlying hazardous constituents in characteristic wastes, unless the waste
								  will be treated and monitored for all constituents. If all constituents will be
								  treated and monitored, there is no need to put them all on the land disposal
								  restriction notice.
TICK
TICK
4. The notice must include the applicable
								  wastewater/nonwastewater category (see subsections 7 and 11 of section
								  33-24-05-251) and subdivisions
								  made within a waste code based on waste-specific criteria (such as D003
								  reactive cyanide).
TICK
TICK
5. Waste analysis data (when available).
TICK
TICK
TICK
6. Date the waste is subject to the
								  prohibition.
TICK
7. For hazardous debris, when treating with the
								  alternative treatment technologies provided by section
								  33-24-05-285, the contaminants
								  subject to treatment, as described in subsection 2 of section
								  33-24-05-285; and an indication
								  that these contaminants are being treated to comply with section
								  33-24-05-285.
TICK
TICK
8. For contaminated soil subject to land disposal
								  restrictions as provided in subsection 1 of section
								  33-24-05-289, the constituents
								  subject to treatment as described in subsection 4 of section
								  33-24-05-289, and the following
								  statements: This contaminated soil [does/does not] contain listed hazardous
								  waste and [does/does not] exhibit a characteristic of hazardous waste and [is
								  subject to/complies with] the soil treatment standards as provided by
								  subsection 3 of section
								  33-24-05-289 or the universal
								  treatment standards.
TICK
TICK
9. A certification is needed (see applicable
								  section for exact wording).
TICK
TICK
*Note: Information requirements referenced in the above
					 table can be found in the indicated subdivision of subsection 1.
e. If a generator is managing and
				  treating prohibited waste, or contaminated soil in tanks, containers, or
				  containment buildings regulated under section
				  33-24-03-12 to meet applicable
				  land disposal restriction treatment standards found at section
				  33-24-05-280, the generator must
				  develop and follow a written waste analysis plan which describes the procedures
				  the generator will carry out to comply with the treatment standards.
				  (Generators treating hazardous debris under the alternative treatment standards
				  of table 1, section
				  33-24-05-285, however, are not
				  subject to these waste analysis requirements.) The plan must be kept onsite in
				  the generator's records, and the following requirements must be met:
(1) The waste analysis plan must be based on
				  a detailed chemical and physical analysis of a representative sample of the
				  prohibited waste or wastes being treated and contain all information necessary
				  to treat the waste or wastes in accordance with the requirements of sections
				  33-24-05-250 through 33-24-05-299,
				  including the selected testing frequency.
(2) Such plan must be kept in the facility's
				  onsite files and made available to inspectors.
(3) Wastes shipped offsite pursuant to this
				  subdivision must comply with the notification requirements of subdivision c
				  .
f. If a generator
				  determines that the waste, or contaminated soil, is restricted based solely on
				  the generator's knowledge of the waste, all supporting data used to make this
				  determination must be retained onsite in the generator's files. If a generator
				  determines that the waste or contaminated soil is restricted based on testing
				  this waste or an extract developed using the test method 1311 in "Test Methods
				  for Evaluating Solid Waste, Physical/Chemical Methods", environmental
				  protection agency publication SW-846, incorporated by reference in section
				  33-24-01-05, and all waste
				  analysis data must be retained onsite in the generator's files.
g. If a generator determines that the
				  generator is managing a prohibited waste that is excluded from the definition
				  of hazardous or solid waste or is exempted from hazardous waste regulation
				  under sections
				  33-24-02-02 through
				  33-24-02-06 subsequent to the
				  point of generation (including deactivated characteristic hazardous wastes
				  managed in wastewater treatment systems subject to the Clean Water Act, as
				  specified at subdivision b of subsection 1 of section
				  33-24-02-04 or that are Clean
				  Water Act-equivalent, or are managed in an underground injection well regulated
				  by the Safe Drinking Water Act), the generator must place a one-time notice
				  describing such generation, subsequent exclusion from the definition of
				  hazardous or solid waste or exemption from hazardous waste regulation, and the
				  disposition of the waste, in the facility's onsite files.
h. Generators must retain onsite a copy of
				  all notices, certifications, waste analysis data, and other documentation
				  produced pursuant to this section for at least three years from the date that
				  the waste that is the subject of such documentation was last sent to onsite or
				  offsite treatment, storage, or disposal. The three-year record retention period
				  is automatically extended during the course of any unresolved enforcement
				  action regarding the regulated activity or as requested by the department. The
				  requirements of this subsection apply to solid wastes even when the hazardous
				  characteristic is removed prior to disposal, or when the waste is excluded from
				  the definition of hazardous or solid waste under sections
				  33-24-02-02 through
				  33-24-02-06, or exempted from
				  hazardous waste regulation, subsequent to the point of generation.
i. If a generator is managing a lab pack
				  containing hazardous wastes and wishes to use the alternative treatment
				  standard for lab packs found at subsection 3 of section
				  33-24-05-282:
(1) With the initial shipment of waste to a
				  treatment facility, the generator must submit a notice that provides the
				  information in column "subdivision i" in the generator paperwork requirements
				  table of subdivision d, and the following certification. The certification,
				  which must be signed by an authorized representative and must be placed in the
				  generator's files, must say the following:
I certify under penalty of law that I personally have
					 examined and am familiar with the waste and that the lab pack contains only
					 wastes that have not been excluded under appendix VIII to 33-24-05 and that
					 this lab pack will be sent to a combustion facility in compliance with the
					 alternative treatment standards for lab packs at subsection 3 of section
					 33-24-05-282. I am aware that
					 there are significant penalties for submitting a false certification, including
					 the possibility of fine or imprisonment.
(2) No further notification is necessary
				  until such time that the wastes in the lab pack change, or the receiving
				  facility changes, in which case a new notice and certification must be sent and
				  a copy placed in the generator's file.
(3) If the lab pack contains characteristic
				  hazardous wastes (D001-D043), underlying hazardous constituents (as defined in
				  subsection 10 of section
				  33-24-05-251) need not be
				  determined.
(4) The generator must
				  also comply with the requirements in subdivisions f and g.
j. Small quantity generators with tolling
				  agreements pursuant to subsection 5 of section
				  33-24-03-04 must comply with the
				  applicable notification and certification requirements of subsection 1 for the
				  initial shipment of the waste subject to the agreement. Such generators must
				  retain onsite a copy of the notification and certification, together with the
				  tolling agreement, for at least three years after termination or expiration of
				  the agreement. The three-year record retention period is automatically extended
				  during the course of any unresolved enforcement action regarding the regulated
				  activity or as requested by the department.