Section 33-24-05-251 - Definitions applicable to sections 33-24-05-250 through 33-24-05-299 When used in sections 33-24-05-250 through 33-24-05-299, the following terms have the meanings given below:
1. "Debris" means solid material exceeding a sixty millimeter particle size that is intended for disposal and that is a manufactured object; or plant or animal matter; or natural geologic material. However, the following materials are not debris: any material for which a specific treatment standard is provided in sections 33-24-05-280 through 33-24-05-289, namely lead-acid batteries, cadmium batteries, and radioactive lead solids; process residuals such as smelter slag and residues from the treatment of waste, wastewater, sludges, or air emission residues; and intact containers of hazardous waste that are not ruptured and that retain at least seventy-five percent of their original volume. A mixture of debris that has not been treated to the standards provided by section 33-24-05-285 and other material is subject to regulation as debris if the mixture is comprised primarily of debris, by volume, based on visual inspection. 2. "Halogenated organic compounds or HOCs" mean those compounds having a carbon-halogen bond. 3. "Hazardous constituent or constituents" means those constituents listed in appendix V to 33-24-02. 4. "Hazardous debris" means debris that contains a hazardous waste listed in sections 33-24-02-15 through 33-24-02-19, or that exhibits a characteristic of hazardous waste identified in sections 33-24-02-10 through 33-24-02-14. Any deliberate mixing of prohibited hazardous waste with debris that changes its treatment classification (for example, from waste to hazardous debris) is not allowed under the dilution prohibition in section 33-24-05-252. 5. "Inorganic metal-bearing waste" is a waste for which the environmental protection agency has established treatment standards for metal hazardous constituents, and which does not otherwise contain significant organic or cyanide content as described in subdivision a of subsection 3 of section 33-24-05-252, and is specifically listed in appendix XXIX of 33-24-05. 6. "Land disposal" means placement in or on the land, except in a corrective action management unit or staging pile, and includes, but is not limited to, placement in a landfill, surface impoundment, waste pile, injection well, land treatment facility, salt dome formation, salt bed formation, underground mine or cave, or placement in a concrete vault, or bunker intended for disposal purposes.
7. "Nonwastewaters" are wastes that do not meet the criteria for wastewaters in subsection 11. 8. "Polychlorinated biphenyls or PCBs" are halogenated organic compounds defined in accordance with 40 CFR 761.3. 9. "Soil" means unconsolidated earth material composing the superficial geologic strata (material overlying bedrock), consisting of clay, silt, sand, or gravel size particles as classified by the United States Natural Resources Conservation Service, or a mixture of such materials with liquids, sludges, or solids which is inseparable by simple mechanical removal processes and is made up primarily of soil by volume based on visual inspection. Any deliberate mixing of prohibited hazardous waste with soil that changes its treatment classification (for example, from waste to contaminated soil) is not allowed under the dilution prohibition in section 33-24-05-252. 10. "Underlying hazardous constituent" means any constituent listed in section 33-24-05-288, table universal treatment standards, except fluoride, selenium, sulfides, vanadium, and zinc, which can reasonably be expected to be present at the point of generation of the hazardous waste, at a concentration above the constituent-specific universal treatment standards treatment standard. 11. "Wastewaters" are wastes that contain less than one percent by weight total organic carbon (TOC) and less than one percent by weight total suspended solids. N.D. Admin Code 33-24-05-251
Effective December 1, 1988; amended effective December 1, 1991; January 1, 1994; July 1, 1997; December 1, 2003.General Authority: NDCC 23-20.3-03
Law Implemented: NDCC 23-20.3-03, 23-20.3-04