Section 33-24-05-278 - Waste specific prohibitions - Newly identified organic toxicity characteristic wastes and newly listed coke byproduct and chlorotoluene production wastes1. Effective December 19, 1994, the wastes specified in section 33-24-02-17 as hazardous waste numbers K141, K142, K143, K144, K145, K147, K148, K149, K150, and K151 are prohibited from land disposal. In addition, debris contaminated with hazardous waste numbers F037, F038, K107 through K112, K117, K118, K123 through K126, K131, K132, K136, U328, U353, U359, and soil and debris contaminated with D012 through D043, K141 through K145, and K147 through K151 are prohibited from land disposal. The following wastes that are specified in section 33-24-02-14, table 1 as hazardous waste numbers: D012, D013, D014, D015, D016, D017, D018, D019, D020, D021, D022, D023, D024, D025, D026, D027, D028, D029, D030, D031, D032, D033, D034, D035, D036, D037, D038, D039, D040, D041, D042, and D043 that are not radioactive, or that are managed in systems other than those whose discharge is regulated under the Clean Water Act, or that are zero discharges that do not engage in Clean Water Act-equivalent treatment before ultimate land disposal, or that are injected in class I deep wells regulated under the Safe Drinking Water Act, are prohibited from land disposal. Clean Water Act-equivalent treatment means biological treatment for organics, alkaline chlorination or ferrous sulfate precipitation for cyanide, precipitation or sedimentation, or both, for metals, reduction of hexavalent chromium, or other treatment technology that can be demonstrated to perform equally or better than these technologies.2. On September 19, 1996, radioactive wastes that are mixed with D018 through D043 that are managed in systems other than those whose discharge is regulated under the Clean Water Act, or that inject in class I deep wells regulated under the Safe Drinking Water Act, or that are zero dischargers that engage in Clean Water Act-equivalent treatment before ultimate land disposal, are prohibited from land disposal. Clean Water Act-equivalent treatment means biological treatment for organics, alkaline chlorination or ferrous sulfate precipitation for cyanide, precipitation or sedimentation, or both, for metals, reduction of hexavalent chromium, or other treatment technology that can be demonstrated to perform equally or greater than these technologies. Radioactive wastes mixed with K141 through K145, and K147 through K151 are also prohibited from land disposal. In addition, soil and debris contaminated with these radioactive mixed wastes are prohibited from land disposal.3. Between December 19, 1994, and September 19, 1996, the wastes included in subsection 2 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, 2, and 3 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; ord. 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.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 levels found 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 33-24-05-278
Effective July 1, 1997; amended effective December 1, 2003.Amended by Administrative Rules Supplement 2016-359, January 2016, effective 1/1/2016.General Authority: NDCC 23-20.3-03
Law Implemented: NDCC 23-20.3-03, 23-20.3-04