N.D. Admin. Code 33-24-05-910

Current through Supplement No. 393, July, 2024
Section 33-24-05-910 - Recordkeeping for the transportation and disposal conditional exemption

In addition to those records required by the generator's, treater's, or other handler's nuclear regulatory commission or nuclear regulatory commission agreement state license, the generator, treater, or other handler must keep records as follows:

1. The generator, treater, or other handler must follow the applicable existing recordkeeping requirements under sections 33-24-05-40 and 33-24-05-256 to demonstrate that the waste has met land disposal restriction treatment standards prior to claiming the exemption.
2. The generator, treater, or other handler must keep a copy of all notifications and return receipts required under sections 33-24-05-915 and 33-24-05-916 for three years after the exempted waste is sent for disposal.
3. The generator, treater, or other handler must keep a copy of all notifications and return receipts required under subsection 1 of section 33-24-05-905 for three years after the last exempted waste is sent for disposal.
4. The generator, treater, or other handler must keep a copy of the notification and return receipt required under subsection 2 of section 33-24-05-905 for three years after the exempted waste is sent for disposal.
5. If the generator, treater, or other handler is not already subject to nuclear regulatory commission or nuclear regulatory commission agreement state equivalent manifest and transportation regulations for the shipment of the waste, the generator, treater, or other handler must also keep all other documents related to tracking the exempted waste as required under 33-10-04.1 ( 10 CFR 20.2006 ), including applicable NARM requirements, in addition to the records specified in subsections 1 through 4.
6. The retention period referred to in this section is extended automatically during the course of any unresolved enforcement action regarding the regulated activity or as requested by the department.

N.D. Admin Code 33-24-05-910

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