N.D. Admin. Code 33-24-03-71

Current through Supplement No. 393, July, 2024

Section 33-24-03-71 - Hazardous waste determination in the laboratory before the unwanted material is removed

If an eligible academic entity makes the hazardous waste determination, pursuant to section 33-24-03-02, for unwanted material in the laboratory, the eligible academic entity must comply with the following:

1. A trained professional must make the hazardous waste determination, pursuant to section 33-24-03-02, before the unwanted material is removed from the laboratory.

2. If an unwanted material is a hazardous waste, the eligible academic entity must:

a. Write the words "hazardous waste" on the container label that is affixed or attached to the container, before the hazardous waste may be removed from the laboratory;

b. Write the appropriate hazardous waste codes on the label that is associated with the container (or the label that is affixed or attached to the container) before the hazardous waste is transported offsite; and

c. Count the hazardous waste toward the eligible academic entity's generator status, pursuant to subsections 3 and 4 of section 33-24-02-05, in the calendar month that the hazardous waste determination was made.

3. A trained professional must accompany all hazardous waste that is transferred from the laboratory, or laboratories, to an onsite central accumulation area or onsite interim status or permitted treatment, storage, or disposal facility.

4. When hazardous waste is removed from the laboratory:

a. Large quantity generators and small quantity generators must ensure it is taken directly from the laboratory, or laboratories, to an offsite central accumulation area, or onsite interim status or permitted treatment, storage, or disposal facility, or transported offsite.

b. Conditionally exempt small quantity generators must ensure it is taken directly from the laboratory, or laboratories, to any of the types of facilities listed in subdivision c of subsection 6 of section 33-24-02-05 for acute hazardous waste, or subdivision c of subsection 7 of section 33-24-02-05 for hazardous waste.

5. An unwanted material that is a hazardous waste is subject to all applicable provisions of 33-24, North Dakota hazardous waste management rules, when it is removed from the laboratory.

N.D. Admin Code 33-24-03-71

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