Section 33-24-03-02 - Hazardous waste determinationA person who generates a solid waste as defined in section 33-24-02-02 must determine if that waste is a hazardous waste using the following method:
1. The person should first determine if the waste is excluded from regulation under section 33-24-02-04;2. The person must then determine if the waste is listed as a hazardous waste in 33-24-02; and3. For purposes of compliance with sections 33-24-05-250 through 33-24-05-299, or if the waste is not listed in sections 33-24-02-15 through 33-24-02-18, the generator must then determine whether the waste is identified in sections 33-24-02-10 through 33-24-02-14 by either: a. Testing the waste according to the methods set forth in 33-24-02 or an equivalent method as approved by the department; orb. Applying knowledge of the hazard characteristic of the waste in light of the materials or the processes used.c. All waste analysis pursuant to subdivision a must be conducted by a laboratory approved by the department's certification procedures.4. If the waste is determined to be hazardous, the generator must refer to 33-24-02 and sections 33-24-05-01 through 33-24-05-559, sections 33-24-05-700 through 33-24-05-1149, and subsection 5 of section 33-24-06-16 for possible exclusions or restrictions pertaining to management of the generator's specific waste.N.D. Admin Code 33-24-03-02
Effective January 1, 1984; amended effective December 1, 1988; December 1, 1991; January 1, 1994; 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