Section 33-24-05-273 - Waste specific prohibitions - Chlorinated aliphatic wastes1. Effective May 8, 2001, the wastes specified in chapter 33-24-02 as hazardous waste numbers K174 and K175, soil and debris contaminated with these wastes, radioactive wastes mixed with these wastes, and soil and debris contaminated with radioactive wastes mixed with these wastes are prohibited from land disposal. 2. The requirements of subsection 1 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 treatment standards established pursuant to a petition granted under section 33-24-05-284; d. Hazardous debris has met the treatment standards in section 33-24-05-280 or the alternative treatment standards in section 33-24-05-285; or e. Persons have been granted an extension to the effective date of a prohibition pursuant to section 33-24-05-254, with respect to these wastes covered by the extension. 3. 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 regulated constituents in excess of the applicable levels of sections 33-24-05-280 through 33-24-05-289, 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. 4. Disposal of K175 wastes that have complied with all applicable section 33-24-05-280 treatment standards must also be macroencapsulated in accordance with section 33-24-05-285 table 1 unless the waste is placed in: a. An 33-24 monofill containing only K175 wastes that meet all applicable section 33-24-05-280 treatment standards; or b. A dedicated 33-24 landfill cell in which all other wastes being codisposed are at pH of 6.0 or less. N.D. Admin Code 33-24-05-273
Effective December 1, 1991; amended effective 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