Section 33-24-05-866 - Procedures to reclaim a lost storage and treatment conditional exemption for low-level mixed waste1. A generator, treater, or other handler may reclaim the storage and treatment exemption for low-level mixed waste if: a. The generator, treater, or other handler again meets the conditions specified in section 33-24-05-857; and b. The generator, treater, or other handler sends the department a notice by certified delivery that the generator, treater, or other handler is reclaiming the exemption for low-level mixed waste. The notice must be signed by an authorized representative certifying that the information contained in the notice is true, complete, and accurate. In the notice the generator, treater, or other handler must do the following: (1) Explain the circumstances of each failure. (2) Certify that the generator, treater, or other handler has corrected each failure that caused the loss of the exemption for the low-level mixed waste and that the generator, treater, or other handler again meets all the conditions as of the date specified in the notice. (3) Describe plans that have been implemented, listing specific steps taken to ensure the conditions will be met in the future. (4) Include any other information the department should consider when reviewing the notice reclaiming the exemption. 2. The department may terminate a reclaimed conditional exemption if the department finds the claim is inappropriate based on factors including the following: failure to correct the problem; unsatisfactory explanation of the circumstances of the failure; or failure to implement a plan with steps to prevent another failure to meet the conditions of section 33-24-05-857. In reviewing a reclaimed conditional exemption under this section, the department may add conditions to the exemption to ensure that waste management during storage and treatment of the low-level mixed waste will protect human health and the environment. N.D. Admin Code 33-24-05-866
Effective December 1, 2003.General Authority: NDCC 23-20.3-03
Law Implemented: NDCC 23-20.3-03, 23-20.3-04