Section 33-24-05-875 - Reentry into regulation under the hazardous waste management rules Low-level mixed waste is no longer eligible for the storage and treatment conditional exemption:
1. When the low-level mixed waste has met the requirements of the generator's, treater's, or other handler's nuclear regulatory commission or nuclear regulatory commission agreement state license for decay-in-storage and can be disposed of as nonradioactive waste, then the conditional exemption for storage no longer applies. On that date the waste is subject to hazardous waste regulation under the applicable sections of article 33-24, and the time period for accumulation of a hazardous waste as specified in section 33-24-03-12 begins. 2. When a generator's, treater's, or other handler's conditionally exempt low-level mixed waste, which has been generated and stored under a single nuclear regulatory commission or nuclear regulatory commission agreement state license number, is removed from storage, it is no longer eligible for the storage and treatment exemption, however, the waste may be eligible for the transportation and disposal conditional exemption at section 33-24-05-885. N.D. Admin Code 33-24-05-875
Effective December 1, 2003.General Authority: NDCC 23-20.3-03
Law Implemented: NDCC 23-20.3-03, 23-20.3-04