Section 33-24-03-01 - Scope and applicabilityThis chapter establishes standards for generators of hazardous waste.
1. Subsections 3 and 4 of section 33-24-02-05 must be used to determine the applicability of provisions of this chapter that are dependent on calculations of the quantity of hazardous waste generated per month.2. A generator who treats, stores, or disposes of hazardous waste onsite must only comply with the following sections of this chapter with respect to that waste: Section 33-24-03-02 for determining whether or not the generator has a hazardous waste, section 33-24-03-03 for obtaining an identification number, section 33-24-03-12 for accumulation of hazardous waste, subsections 3 and 4 of section 33-24-03-13 for recordkeeping, section 33-24-03-16 for additional reporting and if applicable, section 33-24-03-40 for farmers.3. Any person who exports or imports hazardous waste into the United States through this state must comply with the standards applicable to generators established in this chapter.4. Any person who exports or imports wastes that are considered hazardous under United States national procedures to or from the countries listed in subdivision a of subsection 1 of section 33-24-03-25 for recovery must comply with sections 33-24-03-50 through 33-24-03-59. A waste is considered hazardous under United States national procedures if the waste meets the federal definition of hazardous waste in 40 CFR 261.3 and is subject to manifesting requirements at sections 33-24-03-04 through 33-24-03-07, the universal waste management standards of sections 33-24-05-700 through 33-24-05-799 or the export requirements in the spent lead-acid battery management standards of sections 33-24-05-235 through 33-24-05-249.5. A farmer who generates waste pesticides which are hazardous waste and who complies with all the requirements of section 33-24-03-40 is not required to comply with other standards in 33-24-03, 33-24-05, and 33-24-06 with respect to such pesticides.6. A person who generates a hazardous waste as defined in 33-24-02 is subject to the compliance requirements and penalties prescribed in North Dakota Century Code chapter 23-20.3 if the person does not comply with the requirements of this chapter.7. An owner or operator who initiates a shipment of hazardous waste from a treatment, storage, or disposal facility must comply with the generator standards established in this chapter.8. Persons responding to an explosives or munitions emergency in accordance with subparagraph d of paragraph 1 of subdivision g of subsection 6 of section 33-24-05-01 or paragraph 4 of subdivision g of subsection 6 of section 33-24-05-01 or 40 CFR 265.1(c)(11)(i) (D) or (iv) as incorporated by reference at subsection 5 of section 33-24-06-16, and item 4 of subparagraph a and subparagraph c of paragraph 9 of subdivision b of subsection 2 of section 33-24-06-01, are not required to comply with the standards of 33-24-03.9. The laboratories owned by an eligible academic entity that chooses to be subject to the requirements of sections 33-24-03-60 through 33-24-03-77 are not subject to (for purposes of this subsection, the terms "laboratory" and "eligible academic entity" shall have the meaning as defined in section 33-24-03-61): a. The requirements of section 33-24-03-02 or subsection 3 of section 33-24-03-12, for large quantity generators and small quantity generators, except as provided in sections 33-24-03-60 through 33-24-03-77; andb. The conditions of subsection 2 of section 33-24-02-05, for conditionally exempt small quantity generators, except as provided in sections 33-24-03-60 through 33-24-03-77. Note 1: The provisions of section 33-24-03-12 are applicable to the onsite accumulation of hazardous waste by generators. Therefore, the provisions of section 33-24-03-12 only apply to owners or operators who are shipping hazardous waste that they generated at that facility.
Note 2: A generator who treats, stores, or disposes of hazardous waste onsite must comply with the applicable standards and permit requirements set forth in 33-24-05 and 33-24-06.
N.D. Admin Code 33-24-03-01
Effective January 1, 1984; amended effective December 1, 1988; 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