Section 33-24-02-01 - Purpose and scope1. This chapter identifies those solid wastes which are subject to regulation as hazardous wastes and which are subject to the notification requirements. In this chapter: a. Sections 33-24-02-01 through 33-24-02-07 define the terms "solid waste" and "hazardous waste", identify those wastes which were excluded from regulation under 33-24-03 through 33-24-07, and establish special management requirements for hazardous waste produced by conditionally exempt small quantity generators and hazardous waste which is recycled.b. Sections 33-24-02-08 and 33-24-02-09 set forth the criteria used to identify characteristics of hazardous waste and to list particular hazardous waste.c. Sections 33-24-02-10 through 33-24-02-14 identify characteristics of hazardous waste.d. Sections 33-24-02-15 through 33-24-02-19 list particular hazardous wastes.2. The definition of solid waste contained in this chapter: a. Applies only to wastes that also are hazardous for purposes of the rules implementing North Dakota Century Code chapter 23-20.3. For example, it does not apply to materials (such as nonhazardous scrap, paper, textiles, or rubber) that are not otherwise hazardous wastes and that are recyclable.b. This chapter identifies only some of the materials which are solid wastes and hazardous wastes under North Dakota Century Code chapter 23-20.3. A material which is not defined as a solid waste in this chapter or is not a hazardous waste identified or listed in this chapter, is still a solid waste and a hazardous waste for purposes of these sections if: (1) In the case of North Dakota Century Code section 23-20.3-06, the department has reason to believe that the material may be a hazardous waste within the meaning of subsection 5 of North Dakota Century Code section 23-20.3-02; or(2) In the case of North Dakota Century Code section 23-20.3-08, the statutory elements are established.3. For the purpose of sections 33-24-02-02 and 33-24-02-06: a. A "spent material" is any material that has been used and as a result of contamination can no longer serve the purpose for which it was produced without processing.b. "Sludge" has the same meaning used in section 33-24-01-04.c. A "byproduct" is a material that is not one of the primary products of a production process and is not solely or separately produced by the production process. Examples are process residue, such as slags or distillation column bottoms. The term does not include a coproduct that is produced for the general public's use and is ordinarily used in the form it is produced by the process.d. A material is "reclaimed" if it is processed to recover a usable product, or if it is regenerated. Examples are recovery of lead values from spent batteries and regeneration of spent solvents. In addition, for purposes of subdivisions x and y of subsection 1 of section 33-24-02-04, smelting, melting and refining furnaces are considered to be solely engaged in metals reclamation if the metal recovery from the hazardous secondary materials meets the same requirements as those specified for metals recovery from hazardous waste found in subdivisions a through c of subsection 4 of section 33-24-05-525, and if the residuals meet the requirements specified in section 33-24-05-537.e. A material is "used or reused" if it is either: (1) Employed as an ingredient (including use as an intermediate) in an industrial process to make a product (for example, distillation bottoms from one process used as feedstock in another process). However, a material will not satisfy this condition if distinct components of the material are recovered as separate end products (as when metals are recovered from metal containing secondary materials); or(2) Employed in a particular function or application as an effective substitute for a commercial product (for example, spent pickle liquor used as phosphorous precipitant and sludge conditioner or in wastewater treatment).f. "Scrap metal" is bits and pieces of metal parts (for example, bars, turnings, rods, sheets, wire) or metal pieces that may be combined together with bolts or soldering (for example, radiators, scrap automobiles, railroad boxcars), which when worn or superfluous can be recycled.g. A material is "recycled" if it is used, reused, or reclaimed.h. A material is "accumulated speculatively" if it is accumulated before being recycled. A material is not accumulated speculatively, however, if the person accumulating it can show that the material is potentially recyclable and has a feasible means of being recycled; and that during the calendar year (commencing on January first) the amount of material that is recycled, or transferred to a different site for recycling, equals at least seventy-five percent by weight or volume of the amount of that material accumulated at the beginning of the period. Materials must be placed in a storage unit with a label indicating the first date that the material began to be accumulated. If placing a label on the storage unit is not practicable, the accumulation period must be documented through an inventory log or other appropriate method. In calculating the percentage of turnover, the seventy-five percent requirement is to be applied to each material of the same type (for example, slags from a single smelting process) that is recycled in the same way (for example, from which the same material is recovered or that is used in the same way). Material accumulating in units that would be exempt from regulation under subsection 3 of section 33-24-02-04 are not to be included in making the calculation. Materials that are already defined as solid wastes also are not to be included in making the calculation. Materials are no longer in this category once they are removed from accumulation for recycling, however. i. "Excluded scrap metal" is processed scrap metal, unprocessed home scrap metal, and unprocessed prompt scrap metal.j. "Home scrap metal" is scrap metal as generated by steel mills, foundries, and refineries such as turnings, cuttings, punchings, and borings.k. "Processed scrap metal" is scrap metal which has been manually or physically altered to either separate it into distinct materials to enhance economic value or to improve the handling of materials. Processed scrap metal includes scrap metal which has been baled, shredded, sheared, chopped, crushed, flattened, cut, melted, or separated by metal type (for example, sorted), and fines, drosses, and related materials which have been agglomerated. (Note: shredded circuit boards being sent for recycling are not considered processed scrap metal. They are covered under the exclusion from the definition of solid waste for shredded circuit boards being recycled (subdivision n of subsection 1 of section 33-24-02-04)).l. "Prompt scrap metal" is scrap metal as generated by the metal working and fabrication industries and includes such scrap metal as turnings, cuttings, punchings, and borings. Prompt scrap metal is also known as industrial or new scrap metal.N.D. Admin Code 33-24-02-01
Effective January 1, 1984; amended effective October 1, 1986; December 1, 1988; July 1, 1997; December 1, 2003.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