Section 33-24-03-25 - International agreements1. Any person who exports or imports wastes that are considered hazardous under United States national procedures to or from designated member countries of the Organization for Economic Cooperation and Development as defined in subdivision a for purposes of recovery is subject to sections 33-24-03-50 through 33-24-03-59. The requirements of sections 33-24-03-17 through 33-24-03-25 and section 33-24-03-30 do not apply to such exports and imports. 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. a. For the purposes of sections 33-24-03-50 through 33-24-03-59, the designated Organization for Economic Cooperation and Development member countries consist of Australia, Austria, Belgium, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Israel, Italy, Japan, Luxembourg, the Netherlands, New Zealand, Norway, Poland, Portugal, the Republic of Korea, the Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Turkey, the United Kingdom, and the United States.b. For the purposes of sections 33-24-03-50 through 33-24-03-59, Canada and Mexico are considered Organization for Economic Cooperation and Development member countries only for the purposes of transit.2. Any person who exports hazardous waste to or imports hazardous waste from: A designated Organization for Economic Cooperation and Development member country for purposes other than recovery (for example, incineration, disposal), Mexico (for any purpose), or Canada (for any purpose) remains subject to the requirements of sections 33-24-03-17 through 33-24-03-25 and section 33-24-03-30, and is not subject to the requirements of sections 33-24-03-50 through 33-24-03-59.N.D. Admin Code 33-24-03-25
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