North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-24 - Hazardous Waste Management › Chapter 33.1-24-03 - Standards for Generators › Section 33.1-24-03-61 - Definitions

Current through Supplement No. 393, July, 2024
In addition to the definitions set forth in section
				  33.1-24-01-04, the following definitions apply to sections 33.1-24-03-60
				  through 33.1-24-03-77:
1. "Central
				accumulation area" means any onsite hazardous waste accumulation area with
				hazardous waste accumulating in units subject to 33.1-24-03-27 (for small
				quantity generators) or 33.1-24-03-28 (for large quantity generators). A
				central accumulation area at an eligible academic entity that chooses to
				operate under sections 33.1-24-03-60 through 33.1-24-03-77 is also subject to
				section 33.1-24-03-72 when accumulating unwanted material or hazardous waste,
				both.
2. "College or university"
				means a private or public, postsecondary, degree-granting, academic
				institution, that is accredited by an accrediting agency listed annually by the
				United States department of education.
3. "Eligible academic entity" means a college
				or university, or a nonprofit research institute that is owned by or has a
				formal written affiliation agreement with a college or university, or a
				teaching hospital that is owned by or has a formal written affiliation
				agreement with a college or university.
4. "Formal written affiliation agreement" for
				a nonprofit research institute means a written document that establishes a
				relationship between institutions for the purposes of research or education, or
				both, and is signed by authorized representatives, as defined by section
				33.1-24-01-04, from each institution. A relationship on a project-by-project,
				or grant-by-grant basis, is not considered a formal written affiliation
				agreement. A formal written affiliation agreement for a teaching hospital means
				a master affiliation agreement and program letter of agreement, as defined by
				the accreditation council for graduate medical education, with an accredited
				medical program or medical school.
5. "Laboratory" means an area owned by an
				eligible academic entity where relatively small quantities of chemicals and
				other substances are used on a nonproduction basis for teaching or research (or
				diagnostic purposes at a teaching hospital) and are stored and used in
				containers that are easily manipulated by one person. Photo laboratories, art
				studios, and field laboratories are considered laboratories. Areas such as
				chemical stockrooms and preparatory laboratories that provide a support
				function to teaching, or research laboratories (or diagnostic laboratories at
				teaching hospitals), are also considered laboratories.
6. "Laboratory clean-out" means an evaluation
				of the inventory of chemicals and other materials in a laboratory that are no
				longer needed or that have expired and the subsequent removal of those
				chemicals or other unwanted materials from the laboratory. A clean-out may
				occur for several reasons. It may be on a routine basis (for example, at the
				end of a semester or academic year), or as a result of a renovation,
				relocation, or change in laboratory supervisor, or occupant, or both. A
				regularly scheduled removal of unwanted material as required by section
				33.1-24-03-69 does not qualify as a laboratory clean-out.
7. "Laboratory worker" means a person who
				handles chemicals, or unwanted material, or both, in a laboratory and may
				include faculty, staff, postdoctoral fellows, interns, researchers,
				technicians, supervisors or managers, and principal investigators. A person
				does not need to be paid or otherwise compensated for work in the laboratory to
				be considered a laboratory worker. Undergraduate and graduate students in a
				supervised classroom setting are not laboratory workers.
8. "Nonprofit research institute" means an
				organization that conducts research as its primary function and files as a
				nonprofit organization under the tax code of
				26 United
				States Code
				501(c)(3).
9. "Reactive acutely hazardous unwanted
				material" means an unwanted material that is one of the acutely hazardous
				commercial chemical products listed in subsection 5 of section 33.1-24-02-18
				for reactivity.
10. "Teaching
				hospital" means a hospital that trains students to become physicians, nurses,
				or other health or laboratory personnel.
11. "Trained professional" means a person who
				has completed the applicable training requirements in section 33.1-24-03-29 for
				large quantity generators; or is knowledgeable about normal and emergency
				operations in accordance with section 33.1-24-03-28 for small and very small
				quantity generators. A trained professional may be an employee of the eligible
				academic entity or may be a contractor or vendor who meets the requisite
				training requirements.
12.
				"Unwanted material" means any chemical, mixtures of chemicals, products of
				experiments, or other material from a laboratory that is no longer needed,
				wanted, or usable in the laboratory and that is destined for hazardous waste
				determination by a trained professional. Unwanted materials include reactive
				acutely hazardous unwanted materials and materials that may eventually be
				determined not to be solid waste pursuant to section 33.1-24-02-02, or a
				hazardous waste pursuant to section 33.1-24-02-03. If an eligible academic
				entity elects to use another equally effective term in lieu of "unwanted
				material", as allowed by paragraph 1 of subdivision a of subsection 1 of
				section 33.1-24-03-67, the equally effective term has the same meaning and is
				subject to the same requirements as "unwanted material" under sections
				33.1-24-03-60 through 33.1-24-03-77.
13. "Working container" means a small
				container (for example, two gallons or less) that is in use at a laboratory
				bench, hood, or other work station, to collect unwanted material from a
				laboratory experiment or procedure.
General Authority:
NDCC 23.1-04-03;
					 S.L.
					 2017, ch. 199,
					 §
												1
Law Implemented:
NDCC 23.1-04-03, 23.1-04-05;
					 S.L.
					 2017, ch. 199,
					 §
												19