Section 33-24-03-50 - Transboundary movements of hazardous waste for recovery within the Organization for Economic Cooperation and DevelopmentSections 33-24-03-50 through 33-24-03-59 establish requirements applicable to transboundary movements of hazardous waste for recovery within the Organization for Economic Cooperation and Development.
1. The requirements of sections 33-24-03-50 through 33-24-03-59 apply to imports and exports of wastes that are considered hazardous under United States national procedures and are destined for recovery operations in the countries listed in subdivision a of subsection 1 of section 33-24-03-25. A waste is considered hazardous under United States national procedures if the waste: a. Meets the federal definition of a hazardous waste in 40 CFR 261.3; andb. Is subject to the 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 33-24-05-249.2. Any person (exporter, importer, or recovery facility operator) who mixes two or more wastes (including hazardous and nonhazardous wastes) or otherwise subjects two or more wastes (including hazardous and nonhazardous wastes) to physical or chemical transformation operations, and thereby creates a new hazardous waste, becomes a generator and assumes all subsequent generator duties under 33-24-03 and any exporter duties, if applicable, under sections 33-24-03-50 through 33-24-03-59.N.D. Admin Code 33-24-03-50
Adopted 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