Section 33-24-05-290 - Prohibitions on storage of restricted wastes1. Except as provided in this section, the storage of hazardous wastes restricted from land disposal under sections 33-24-05-266 through 33-24-05-279 is prohibited, unless the following conditions are met: a. A generator stores such wastes in tanks, containers, or containment buildings onsite solely for the purpose of the accumulation of such quantities of hazardous waste as necessary to facilitate proper recovery, treatment, or disposal and the generator complies with the requirements in section 33-24-03-12, 33-24-05, and the applicable requirements of subsection 5 of section 33-24-06-16;b. An owner or operator of a hazardous waste treatment, storage, or disposal facility stores such wastes in tanks, containers, or containment buildings solely for the purpose of the accumulation of such quantities of hazardous waste as necessary to facilitate proper recovery, treatment, or disposal and:(1) Each container is clearly marked to identify its contents and the date each period of accumulation begins; and(2) Each tank is clearly marked with a description of its contents, the quantity of each hazardous waste received, and the date each period of accumulation begins, or such information for each tank is recorded and maintained in the operating record at that facility. Regardless of whether the tank itself is marked, an owner or operator shall comply with the operating record requirements specified in section 33-24-05-40; andc. A transporter stores manifested shipments of such wastes at a transfer facility for ten days or less.2. An owner or operator of a treatment, storage, or disposal facility may store such wastes for up to one year unless the department can demonstrate that such storage was not solely for the purpose of accumulation of such quantities of hazardous wastes as are necessary to facilitate proper recovery, treatment, or disposal.3. An owner or operator of a treatment, storage, or disposal facility may store such wastes beyond one year; however, the owner or operator bears the burden of proving that such storage was solely for the purpose of accumulation of such quantities of hazardous wastes as are necessary to facilitate proper recovery, treatment, or disposal.4. If a generator's waste is exempt from a prohibition on the type of land disposal utilized for the waste, for example, because of an approved case-by-case extension under section 33-24-05-254, or a national capacity variance under section sections 33-24-05-266 through 33-24-05-279, the prohibition in subsection 1 does not apply during the period of such exemption.5. The prohibition in subsection 1 does not apply to hazardous wastes that meet the treatment standard specified under sections 33-24-05-281, 33-24-05-282, and 33-24-05-283 or the treatment standard specified under the variance in section 33-24-05-284, or, where treatment standards have not been specified, is in compliance with the applicable prohibitions specified in section 33-24-04-272 or Resource Conservation and Recovery Act section 3004.6. Liquid hazardous wastes containing polychlorinated biphenyls at concentrations greater than or equal to fifty parts per million must be stored at a facility that meets the requirements of 40 CFR 761.65(b) and must be removed from storage and treated or disposed as required under sections 33-24-05-250 through 33-24-05-299 within one year of the date when such wastes are first placed into storage. The provisions of subsection 3 do not apply to such polychlorinated biphenyls wastes prohibited under section 33-24-05-272. 7. The prohibition and requirements in this section do not apply to hazardous remediation wastes stored in a staging pile approved pursuant to section 33-24-05-554.N.D. Admin Code 33-24-05-290
Effective December 1, 1988; amended effective December 1, 1991; January 1, 1994; July 1, 1997; 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