Section 33-24-02-05 - Special requirements for hazardous waste generated by conditionally exempt small quantity generators1. A generator is a conditionally exempt small quantity generator in a calendar month if the generator generates no more than one hundred kilograms of hazardous waste in that month.2. Except for those wastes identified in subsections 5, 6, 7, and 10, a conditionally exempt small quantity generator's hazardous wastes are not subject to regulation under chapters 33-24-03 through 33-24-07, and the notification requirements, provided the generator complies with the requirements of subsections 6, 7, and 10.3. When making the quantity determinations, the generator must include all hazardous waste that it generates, except hazardous waste that: a. Is exempt from regulation under subsections 3 through 7 of section 33-24-02-04, subdivision c of subsection 1 of section 33-24-02-06, or subsection 1 of section 33-24-02-07;b. Is managed immediately upon generation only in onsite elementary neutralization units, wastewater treatment units, or totally enclosed treatment facilities as defined in section 33-24-01-04;c. Is recycled, without prior storage or accumulation, only in an onsite process subject to regulation under subdivision b of subsection 3 of section 33-24-02-06;d. Is used oil managed under the requirements of subdivision d of subsection 1 of section 33-24-02-06 and sections 33-24-05-600 through 33-24-05-689;e. Is spent lead-acid batteries managed under sections 33-24-05-235 through 33-24-05-249; orf. Is universal waste managed under subsection 5 of section 33-24-02-06 and sections 33-24-05-700 through 33-24-05-799.g. Is a hazardous waste that is an unused commercial chemical product (listed in sections 33-24-02-15 through 33-24-02-19, or exhibiting one or more characteristics in sections 33-24-02-10 through 33-24-02-14) that is generated solely as a result of a laboratory clean-out conducted at an eligible academic entity pursuant to section 33-24-03-74. For purposes of this subdivision, the term eligible academic entity shall have the meaning as defined in section 33-24-03-61.4. In determining the quantity of hazardous waste generated, a generator need not include: a. Hazardous waste when it is removed from onsite storage;b. Hazardous waste produced by onsite treatment, including reclamation, of their hazardous waste, so long as the hazardous waste that is treated was counted once; orc. Spent materials that are generated, reclaimed, and subsequently reused onsite, so long as such spent materials have been counted once.5. If a generator generates acute hazardous waste in a calendar month in quantities greater than set forth below, all quantities of that acute hazardous waste are subject to full regulation under 33-24-03 through 33-24-07, and the notification requirements. a. A total of one kilogram of acute hazardous waste listed in section 33-24-02-16, or subsection 5 of section 33-24-02-18.b. A total of one hundred kilograms of any residue or contaminated soil, waste, or other debris resulting from the cleanup of a spill, into or on any land or water, of any acute hazardous waste listed in section 33-24-02-16, or subsection 5 of section 33-24-02-18. [Comment: "Full regulation" means those regulations applicable to generators of one thousand kilograms or greater of hazardous waste in a calendar month.]6. In order for acute hazardous wastes generated by a generator of acute hazardous wastes in quantities equal to or less than set forth in subdivisions a or b of subsection 5 to be excluded from full regulation under this section, the generator shall comply with the following requirements: b. The generator may accumulate acute hazardous waste onsite. If the generator accumulates at any time acute hazardous waste in quantities greater than those set forth in subdivision a or b of subsection 5, all of those accumulated wastes are subject to regulation under 33-24-03 through 33-24-07 and the applicable notification requirements. The time period of subsection 1 of section 33-24-03-12, for accumulation of wastes onsite, begins when the accumulated wastes exceed the applicable exclusion limit;c. A conditionally exempt small quantity generator may either treat or dispose of the generator's acute hazardous waste in an onsite facility or ensure delivery to an offsite storage, treatment, or disposal facility, either of which, if located in the United States, is: (1) Permitted under 33-24-06;(2) In interim status under subsection 2 of section 33-20.3-05 of North Dakota Century Code chapter 33-20.3;(3) Authorized to manage hazardous waste by a state;(4) Permitted, licensed, or registered by a state to manage municipal solid waste, and if managed in a municipal solid waste landfill subject to 33-20 or other regulation equivalent to 40 CFR part 258;(5) Permitted, licensed, or registered by a state to manage nonmunicipal nonhazardous waste and, if managed in a nonmunicipal nonhazardous waste landfill after January 1, 1998, is subject to 33-20 or other regulation equivalent to sections 5 through 30 of 40 CFR part 257;(6) A facility which: (a) Beneficially uses or reuses, or legitimately recycles or reclaims its waste; or(b) Treats its waste prior to beneficial use or reuse, or legitimate recycling or reclamation; or(7) For universal waste managed under sections 33-24-05-700 through 33-24-05-799, a universal waste handler or destination facility subject to the requirements of sections 33-24-05-700 through 33-24-05-799. [NOTE: Although provisions of this subsection exclude certain generators from full regulation under this section, all applicable provisions of 33-20, North Dakota solid waste management rules apply.]
7. In order for hazardous waste generated by a conditionally exempt small quantity generator in quantities of one hundred kilograms or less of hazardous waste during a calendar month to be excluded from full regulation under this section, the generator shall comply with the following requirements: b. The conditionally exempt small quantity generator may accumulate hazardous waste onsite. If the generator accumulates at any time one thousand kilograms or greater of the generator's hazardous waste, all of those accumulated wastes are subject to regulation under special provisions of 33-24-03 applicable to generators of greater than one hundred kilograms and less than one thousand kilograms of hazardous waste in a calendar month as well as the requirements of 33-24-03 through 33-24-06 and the applicable notification requirements. The time period of subsection 4 of section 33-24-03-12 for accumulation of wastes onsite begins for a conditionally exempt small quantity generator when the accumulated wastes equal or exceed one thousand kilograms; c. A conditionally exempt small quantity generator may either treat or dispose of the generator's hazardous waste in an onsite facility, or ensure delivery to an offsite storage, treatment, or disposal facility, either of which, if located in the United States, is: (1) Permitted under 33-24-06;(2) In interim status under subsection 2 of section 23-20.3-05 of North Dakota Century Code chapter 23-20.3;(3) Authorized to manage hazardous waste by a state;(4) Permitted, licensed, or registered by a state to manage municipal solid waste and, if managed in a municipal solid waste landfill subject to 33-20 or other regulation equivalent to 40 CFR part 258;(5) Permitted, licensed, or registered by a state to manage nonmunicipal nonhazardous waste and, if managed in a nonmunicipal nonhazardous waste disposal unit after January 1, 1998, is subject to 33-20 or other regulation equivalent to sections 5 through 30 of 40 CFR part 257; or(6) A facility which: (a) Beneficially uses or reuses, or legitimately recycles or reclaims its waste; or(b) Treats its waste prior to beneficial use or reuse, or legitimate recycling or reclamation; or(7) For universal waste managed under sections 33-24-05-700 through 33-24-05-799, a universal waste handler or destination facility subject to the requirements of sections 33-24-05-700 through 33-24-05-799. [NOTE: Although provisions of this subsection exclude certain generators from full regulation under this section, all applicable provisions of 33-20, North Dakota solid waste management rules apply.]
8. Hazardous waste subject to the reduced requirements of this section may be mixed with nonhazardous waste and remain subject to these reduced requirements even though the resultant mixture exceeds the quantity limitations identified in this section, unless the mixture meets any of the characteristics of hazardous waste identified in sections 33-24-02-10 through 33-24-02-14.9. If any person mixes a solid waste with a hazardous waste that exceeds the quantity exclusion level of this section, the mixture is subject to full regulation.10. If a conditionally exempt small quantity generator's wastes are mixed with used oil, the mixture is subject to sections 33-24-05-600 through 33-24-05-689. Any material produced from such a mixture by processing, blending, or other treatment is also so regulated.N.D. Admin Code 33-24-02-05
Effective January 1, 1984; amended effective October 1, 1986; December 1, 1988; December 1, 1991; January 1, 1994; 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