Section 33-24-03-61 - DefinitionsIn addition to the definitions set forth in section 33-24-01-04, the following definitions apply to sections 33-24-03-60 through 33-24-03-77:
1. "Central accumulation area" means an onsite hazardous waste accumulation area subject to either subsections 1 and 2 of section 33-24-03-12 (large quantity generators), or subsections 4 through 6 of sections 33-24-03-12 (small quantity generators). A central accumulation area at an eligible academic entity that chooses to be subject to sections 33-24-03-60 through 33-24-03-77 must also comply with section 33-24-03-72 when accumulating unwanted material, or hazardous waste, or both.2. "College or university" means a private or public, post-secondary, degree-granting, academic institution, that is accredited by an accrediting agency listed annually by the United States department of education.3. "Eligible academic entity" means a college or university, or a nonprofit research institute that is owned by or has a formal written affiliation agreement with a college or university, or a teaching hospital that is owned by or has a formal written affiliation agreement with a college or university.4. "Formal written affiliation agreement" for a nonprofit research institute means a written document that establishes a relationship between institutions for the purposes of research or education, or both, and is signed by authorized representatives, as defined by section 33-24-01-04, from each institution. A relationship on a project-by-project, or grant-by-grant basis, is not considered a formal written affiliation agreement. A formal written affiliation agreement for a teaching hospital means a master affiliation agreement and program letter of agreement, as defined by the accreditation council for graduate medical education, with an accredited medical program or medical school.5. "Laboratory" means an area owned by an eligible academic entity where relatively small quantities of chemicals and other substances are used on a nonproduction basis for teaching or research (or diagnostic purposes at a teaching hospital) and are stored and used in containers that are easily manipulated by one person. Photo laboratories, art studios, and field laboratories are considered laboratories. Areas such as chemical stockrooms and preparatory laboratories that provide a support function to teaching, or research laboratories (or diagnostic laboratories at teaching hospitals), are also considered laboratories.6. "Laboratory clean-out" means an evaluation of the inventory of chemicals and other materials in a laboratory that are no longer needed or that have expired and the subsequent removal of those chemicals or other unwanted materials from the laboratory. A clean-out may occur for several reasons. It may be on a routine basis (for example, at the end of a semester or academic year), or as a result of a renovation, relocation, or change in laboratory supervisor, or occupant, or both. A regularly scheduled removal of unwanted material as required by section 33-24-03-69 does not qualify as a laboratory clean-out.7. "Laboratory worker" means a person who handles chemicals, or unwanted material, or both, in a laboratory and may include, but is not limited to, faculty, staff, postdoctoral fellows, interns, researchers, technicians, supervisors or managers, and principal investigators. A person does not need to be paid or otherwise compensated for work in the laboratory to be considered a laboratory worker. Undergraduate and graduate students in a supervised classroom setting are not laboratory workers.8. "Nonprofit research institute" means an organization that conducts research as its primary function and files as a nonprofit organization under the tax code of 26 United States code 501(c)(3).9. "Reactive acutely hazardous unwanted material" means an unwanted material that is one of the acutely hazardous commercial chemical products listed in subsection 5 of section 33-24-02-18 for reactivity.10. "Teaching hospital" means a hospital that trains students to become physicians, nurses, or other health or laboratory personnel.11. "Trained professional" means a person who has completed the applicable hazardous waste training requirements of section 33-24-05-07 for large quantity generators, or is knowledgeable about normal operations and emergencies in accordance with paragraph 3 of subdivision e of subsection 4 of section 33-24-03-12 for small quantity generators and conditionally exempt small quantity generators. A trained professional may be an employee of the eligible academic entity or may be a contractor or vendor who meets the requisite training requirements.12. "Unwanted material" means any chemical, mixtures of chemicals, products of experiments, or other material from a laboratory that is no longer needed, wanted, or usable in the laboratory and that is destined for hazardous waste determination by a trained professional. Unwanted materials include reactive acutely hazardous unwanted materials and materials that may eventually be determined not to be solid waste pursuant to section 33-24-02-02, or a hazardous waste pursuant to section 33-24-02-03. If an eligible academic entity elects to use another equally effective term in lieu of "unwanted material", as allowed by paragraph 1 of subdivision a of subsection 1 of section 33-24-03-67, the equally effective term has the same meaning and is subject to the same requirements as "unwanted material" under sections 33-24-03-60 through 33-24-03-77.13. "Working container" means a small container (for example, two gallons or less) that is in use at a laboratory bench, hood, or other work station, to collect unwanted material from a laboratory experiment or procedure.N.D. Admin Code 33-24-03-61
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