Section 33-24-04-01 - Scope1. This chapter establishes standards which apply to persons transporting hazardous waste within this state if the transportation requires a manifest under chapter 33-24-03.2. This chapter does not apply to onsite transportation of hazardous waste by generators or by owners or by operators of permitted hazardous waste management facilities.3. A transporter of hazardous waste must also comply with 33-24-03 if the transporter: a. Transports hazardous waste into this state from abroad; orb. Mixes hazardous waste of different department of transportation shipping descriptions by placing them into a single container. [NOTE: The transporter in complying with these requirements does not become the generator of the waste.]
4. A transporter of hazardous waste subject to manifesting requirements of 33-24-03, or subject to the requirements of sections 33-24-05-700 through 33-24-05-799, that is being imported from or exported to any of the countries listed in subdivision a of subsection 1 of section 33-24-03-25 for purposes of recovery is subject to sections 33-24-04-01 through 33-24-04-03 and to all other relevant requirements of sections 33-24-03-50 through 33-24-03-59, including section 33-24-03-54 for movement documents.5. Persons responding to an explosives or munitions emergency in accordance with subparagraph d of paragraph 1 of subdivision g of subsection 6 of section 33-24-05-01 or paragraph 4 of subdivision g of subsection 6 of section 33-24-05-01 or 40 CFR 265.1(c)(11)(i) (D) or (iv) as incorporated by reference in subsection 5 of section 33-24-06-16, and item 4 of subparagraph a and subparagraph c of paragraph 9 of subdivision b of subsection 2 of section 33-24-06-01, are not required to comply with the standards of 33-24-03.6. Section 33-24-05-823 identifies how the requirements of this chapter apply to military munitions classified as solid waste under section 33-24-05-822.N.D. Admin Code 33-24-04-01
Effective January 1, 1984; amended effective December 1, 1991; December 1, 2003.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