Section 33-24-05-276 - Waste specific prohibitions - Inorganic chemical wastes1. Effective May 20, 2002, the wastes specified in chapter 33-24-02 as hazardous waste numbers K176, K177, and K178, and 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 d e t e r m ine 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 provided in 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. N.D. Admin Code 33-24-05-276
Effective January 1, 1994; 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