Section 33-24-05-274 - Waste specific prohibitions - Toxicity characteristic metal wastes1. Effective August 24, 1998, the following wastes are prohibited from land disposal: the wastes specified in chapter 33-24-02 as hazardous waste numbers D004 through D011 that are newly identified (for example, wastes, soil, or debris identified as hazardous by the toxic characteristic leaching procedure but not the extraction procedure), and waste, soil, or debris from mineral processing operations that is identified as hazardous by the specifications at 33-24-02. 2. Effective November 26, 1998, the following waste is prohibited from land disposal: slag from secondary lead smelting which exhibits the toxicity characteristic due to the presence of one or more metals listed in section 33-24-02-14. 3. Effective May 26, 2000, the following wastes are prohibited from land disposal: newly identified characteristic wastes from elemental phosphorus processing, radioactive waste mixed with D004 through D011 wastes that are newly identified (for example, wastes, soil, or debris identified as hazardous by the toxic characteristic leaching procedure but not the extraction procedure); or mixed with newly identified characteristic mineral processing wastes, soil, or debris. 4. Between May 26, 1998, and May 26, 2000, newly identified characteristic wastes from elemental phosphorus processing, radioactive waste mixed with D004 through D011 wastes that are newly identified (for example, wastes, soil, or debris identified as hazardous by the toxicity characteristic leaching procedure but not the extraction procedure), or mixed with newly identified characteristic mineral processing wastes, soil, or debris may be disposed in a landfill or surface impoundment only if such unit is in compliance with the requirements specified in subsection 8 of section 33-24-05-254. 5. 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 these wastes covered by the extension. 6. To d e t e r mine 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 (including underlying hazardous constituents in characteristic wastes) in excess of the applicable universal treatment standard 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 33-24-05-274
Effective December 1, 1991; amended effective July 1, 1997; December 1, 2003.General Authority: NDCC 23-20.3-03
Law Implemented: NDCC 23-20.3-03, 23-20.3-04