Section 33-24-05-915 - Loss of transportation and disposal conditional exemption1. Any waste will automatically lose the transportation and disposal exemption if the generator, treater, or other handler fails to manage it in accordance with all of the conditions specified in section 33-24-05-895. a. When the generator, treater, or other handler fails to meet any of the conditions specified in section 33-24-05-895 for any wastes, the generator, treater, or other handler must report to the department, in writing by certified delivery, within thirty days of learning of the failure. The report must be signed by an authorized representative certifying that the information provided is true, accurate, and complete. This report must include: (1) The specific condition or conditions that the generator, treater, or other handler failed to meet for the waste;(2) A description of the waste (including the waste name, hazardous waste code or codes and quantity) that lost the exemption; and(3) The date or dates on which the generator, treater, or other handler failed to meet the condition or conditions for the waste.b. If the failure to meet any of the conditions may endanger human health or the environment, the generator, treater, or other handler must also immediately notify the department orally within twenty-four hours and follow up with a written notification within five days.2. The department may terminate the generator's, treater's, or other handler's ability to claim a conditional exemption for the waste, or require the generator, treater, or other handler to meet additional conditions to claim a conditional exemption, for serious or repeated noncompliance with any requirement or requirements of sections 33-24-05-850 through 33-24-05-929.N.D. Admin Code 33-24-05-915
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