Section 33-24-03-51 - DefinitionsIn addition to the definitions set forth in section 33-24-01-04, the following definitions apply to sections 33-24-03-50 through 33-24-03-59:
1. "Competent authority" means the regulatory authority or authorities of concerned countries having jurisdiction over transboundary movements of wastes destined for recovery operations.2. "Countries concerned" means the Organization for Economic Cooperation and Development member countries of export or import and any Organization for Economic Cooperation and Development member countries of transit.3. "Country of export" means any designated Organization for Economic Cooperation and Development member country listed in subdivision a of subsection 1 of section 33-24-03-25 from which a transboundary movement of hazardous wastes is planned to be initiated or is initiated.4. "Country of import" means any designated Organization for Economic Cooperation and Development member country listed in subdivision a of subsection 1 of section 33-24-03-25 to which a transboundary movement of hazardous wastes is planned or takes place for the purpose of submitting the wastes to recovery operations therein.5. "Country of transit" means any designated Organization for Economic Cooperation and Development member country listed in subdivisions a and b of subsection 1 of section 33-24-03-25 other than the country of export or country of import across which a transboundary movement of hazardous wastes is planned or takes place.6. "Exporter" means the person under the jurisdiction of the country of export who has, or will have at the time the planned transboundary movement commences, possession or other forms of legal control of the wastes and who proposes transboundary movement of the hazardous wastes for the ultimate purpose of submitting them to recovery operations. When the United States is the country of export, exporter is interpreted to mean a person domiciled in the United States.7. "Importer" means the person to whom possession or other form of legal control of the waste is assigned at the time the waste is received in the country of import.8. "Organization for Economic Cooperation and Development area" means all land or marine areas under the national jurisdiction of any Organization for Economic Cooperation and Development member country listed in section 33-24-03-25. When the regulations refer to shipments to or from an Organization for Economic Cooperation and Development member country, this means Organization for Economic Cooperation and Development area.9. "OECD" means the Organization for Economic Cooperation and Development.10. "Recognized trader" means a person who, with appropriate authorization of countries concerned, acts in the role of principal to purchase and subsequently sell wastes; this person has legal control of such wastes from time of purchase to time of sale; such a person may act to arrange and facilitate transboundary movements of wastes destined for recovery operations.11. "Recovery facility" means a facility which, under applicable domestic law, is operating or is authorized to operate in the country of import to receive wastes and to perform recovery operations on them.12. "Recovery operations" means activities leading to resource recovery, recycling, reclamation, direct reuse or alternative uses, which include:a. R1 - Use as a fuel (other than in direct incineration) or other means to generate energy.b. R2 - Solvent reclamation/regeneration.c. R3 - Recycling/reclamation of organic substances which are not used as solvents.d. R4 - Recycling/reclamation of metals and metal compounds.e. R5 - Recycling/reclamation of other inorganic materials.f. R6 - Regeneration of acids or bases.g. R7 - Recovery of components used for pollution abatement.h. R8 - Recovery of components used from catalysts.i. R9 - Used oil rerefining or other reuses of previously used oil.j. R10 - Land treatment resulting in benefit to agriculture or ecological improvement.k. R11 - Uses of residual materials obtained from any of the operations numbered R1 through R10.l. R12 - Exchange of wastes for submission to any of the operations numbered R1 through R11.m. R13 - Accumulation of material intended for any operation numbered R1 through R12.13. "Transboundary movement" means any movement of wastes from an area under the national jurisdiction of one Organization for Economic Cooperation and Development member country to an area under the national jurisdiction of another Organization for Economic Cooperation member country.N.D. Admin Code 33-24-03-51
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