Section 33-24-01-09 - Nonwaste determinations and variances from classification as a solid wasteIn accordance with the standards and criteria in sections 33-24-01-10 and 33-24-01-17 and the procedures in section 33-24-01-12, the department may determine on a case-by-case basis that the following recycled materials are not solid wastes:
1. Materials that are accumulated speculatively without sufficient amounts being recycled (as defined in subdivision h of subsection 3 of section 33-24-02-01).2. Materials that are reclaimed and then reused within the original production process in which they were generated.3. Materials that have been reclaimed but must be reclaimed further before the materials are completely recovered.4. Hazardous secondary materials that are reclaimed in a continuous industrial process;5. Hazardous secondary materials that are indistinguishable in all relevant aspects from a product or intermediate; and6. Hazardous secondary materials that are transferred for reclamation under subdivision y of subsection 1 of section 33-24-02-04, and are managed at a verified reclamation facility or intermediate facility where the management of the hazardous secondary materials is not addressed under a hazardous waste permit or interim status standards.N.D. Admin Code 33-24-01-09
Effective October 1, 1986; amended effective July 1, 1997.Amended by Administrative Rules Supplement 2016-359, January 2016, effective 1/1/2016.General Authority: NDCC 23-20.3-03
Law Implemented: NDCC 23-20.3-03, 23-20.3-04