Section 33-24-02-09 - Criteria for listing hazardous waste1. The department shall list a solid waste as a hazardous waste only upon determining that the solid waste meets one of the following criteria: a. It exhibits any of the characteristics of hazardous waste identified in this chapter. b. It has been found to be fatal to humans in low doses or, in the absence of data on human toxicity, it has been shown in studies to have an oral LD 50 toxicity (rat) of less than fifty milligrams per kilogram, and inhalation LC 50 toxicity (rat) of less than two milligrams per liter, or a dermal LD 50 toxicity (rabbit) of less than two hundred milligrams per kilogram or is otherwise capable of causing or significantly contributing to an increase in serious irreversible, or incapacitating reversible, illness. (Waste listed in accordance with these criteria will be designated acute hazardous waste.) c. It contains any of the toxic constituents listed in appendix V and, after considering the following factors, the department concludes that the waste is not capable of posing a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of or otherwise managed: (1) The nature of the toxicity presented by the constituent; (2) The concentration of the constituent in the waste; (3) The potential of the constituent or any toxic degradation product of the constituent to migrate from the waste into the environment under the types of improper management considered in paragraph 7; (4) The persistence of the constituent or any toxic degradation product of the constituent; (5) The potential for the constituent or any toxic degradation product of the constituent to degrade into nonharmful constituents and the rate of degradation; (6) The degree to which the constituent or any degradation product of the constituent bioaccumulates in ecosystems; (7) The plausible types of improper management to which the waste could be subjected; (8) The quantities of the waste generated at individual generation sites or on a statewide basis; (9) The nature and severity of the human health and environmental damage that has occurred as a result of the improper management of wastes containing the constituent; (10) Action taken by other governmental agencies or regulatory programs based on the health or environmental hazard posed by the waste or waste constituent; and (11) Such other factors as may be appropriate. Substances will be listed on appendix V only if they have been shown in scientific studies to have toxic, carcinogenic, mutagenic or teratogenic effects on human or other life forms. (Wastes listed in accordance with these criteria will be designated toxic wastes.)
2. The department may list classes or types of solid waste as hazardous wastes if it has reason to believe that individual wastes, within the class or type of waste, typically or frequently are hazardous under the definition of hazardous waste found in subsection 5 of North Dakota Century Code section 23-20.3-02. 3. The department will use the criteria for listing specified in this section to establish the exclusion limits referred to in subsection 3 of section 33-24-02-05. N.D. Admin Code 33-24-02-09
Effective January 1, 1984; amended effective December 1, 1988; December 1, 1991.General Authority: NDCC 23-20.3-03
Law Implemented: NDCC 23-20.3-03, 23-20.3-04