Section 33-24-05-183 - Special requirements for bulk and containerized liquids1. The placement of bulk or noncontainerized liquid hazardous waste or hazardous waste containing free liquids (whether or not sorbents have been added) in any landfill is prohibited.
2. To demonstrate the absence or presence of free liquids in either a containerized or a bulk waste, the following test must be used: method 9095B (paint filter liquids test) as described in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods" environmental protection agency publication SW-846, as incorporated by reference in section 33-24-01-05.3. Containers holding free liquids must not be placed in a landfill unless: a. All free-standing liquid: (1) Has been removed by decanting, or other methods;(2) Has been mixed with sorbent or solidified so that freestanding liquid is no longer observed; or(3) Has been otherwise eliminated;b. The container is very small, such as an ampule;c. The container is designed to hold free liquids for use other than storage, such as a battery or capacitor; ord. The container is a lab pack as defined in section 33-24-05-185 and is disposed of in accordance with section 33-24-05-185.4. Sorbents used to treat free liquids to be disposed of in landfills must be nonbiodegradable. Nonbiodegradable sorbents are: materials listed or described in subdivision a; materials that pass one of the tests in subdivision b; or materials that are determined by the department to be nonbiodegradable through the 33-24-01 petition process. a. Nonbiodegradable sorbents. (1) Inorganic minerals, other inorganic materials, and elemental carbon (for example, aluminosilicates, clays, smectites, Fuller's earth, bentonite, calcium bentonite, montmorillonite, calcined montmorillonite, kaolinite, micas (illite), vermiculites, zeolites; calcium carbonate (organic free limestone); oxides/hydroxides, alumina, lime, silica (sand), diatomaceous earth; perlite (volcanic glass); expanded volcanic rock; volcanic ash; cement kiln dust; fly ash; rice hull ash; activated charcoal/activated carbon);(2) High molecular weight synthetic polymers (for example, polyethylene, high density polyethylene (HDPE), polypropylene, polystyrene, polyurethane, polyacrylate, polynorborene, polyisobutylene, ground synthetic rubber, cross-linked allylstyrene and tertiary butyl copolymers). This does not include polymers derived from biological material or polymers specifically designed to be degradable; or(3) Mixtures of these nonbiodegradable materials.b. Test for nonbiodegradable sorbents. (1) The sorbent material is determined to be nonbiodegradable under ASTM method G21-70 (1984a)-Standard Practice for Determining Resistance of Synthetic Polymer Materials to Fungi;(2) The sorbent material is determined to be nonbiodegradable under ASTM method G22-76 (1984b)-Standard Practice for Determining Resistance of Plastics to Bacteria; or(3) The sorbent material is determined to be nonbiodegradable under Organization for Economic Cooperation and Development test 301B: [CO2 Evolution (Modified Sturm Test)].5. The placement of any liquid which is not a hazardous waste in a landfill is prohibited unless the owner or operator of such landfill demonstrates to the department, or the department determines that: a. The only reasonably available alternative to the placement in such landfill is placement in a landfill or unlined surface impoundment, whether or not permitted or operating under interim status, which contains, or may reasonably be anticipated to contain, hazardous waste; andb. Placement in such owner or operator's landfill will not present a risk of contamination of any "underground source of drinking water" (as that term is defined in 40 CFR section 270.2 ).N.D. Admin Code 33-24-05-183
Effective January 1, 1984; amended effective October 1, 1986; December 1, 1988; 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