Section 33-24-05-270 - Waste specific prohibitions - Wood preserving wastes1. Effective August 11, 1997, the following wastes are prohibited from land disposal: the wastes specified in chapter 33-24-02 as hazardous waste numbers F032, F034, and F035. 2. Effective May 12, 1999, the following wastes are prohibited from land disposal: soil and debris contaminated with F032, F034, F035; and radioactive wastes mixed with hazardous waste numbers F032, F034, and F035. 3. Between May 12, 1997, and May 12, 1999, soil and debris contaminated with F032, F034, F035 and radioactive waste mixed with F032, F034, and F035 may be disposed in a landfill or surface impoundment only if such unit is in compliance with the requirements specified in subdivision b of subsection 8 of section 33-24-05-254. 4. The requirements of subsections 1 and 2 do not apply if: a. The wastes meet the applicable treatment standards specified in sections 33-24-05-280 through 33-24-05-289; b. Persons have been granted an exemption from a prohibition pursuant to a petition under section 33-24-05-255, with respect to those wastes and units covered by the petition; c. The wastes meet the applicable alternate treatment standards established pursuant to a petition granted under section 33-24-05-284; or d. Persons have been granted an extension to the effective date of a prohibition pursuant to section 33-24-05-254, with respect to those wastes covered by the extension. 5. To determine whether a hazardous waste identified in this section exceeds the applicable treatment standards specified in section 33-24-05-280, the initial generator must test a sample of the waste extract or the entire waste, depending on whether the treatment standards are expressed as concentrations in the waste extract or the waste, or the generator may use knowledge of the waste. If the waste contains constituents in excess of the applicable universal treatment standards levels of section 33-24-05-288, the waste is prohibited from land disposal, and all requirements of sections 33-24-05-250 through 33-24-05-299 are applicable, except as otherwise specified. N.D. Admin Code 33-24-05-270
Effective December 1, 1988; amended effective December 1, 1991; December 1, 2003.General Authority: NDCC 23-20.3-03
Law Implemented: NDCC 23-20.3-03, 23-20.3-04