Section 33-24-05-916 - Procedures to reclaim a lost transportation and disposal conditional exemption for low-level mixed waste1. The generator, treater, or other handler may reclaim the transportation and disposal exemption for a waste after the generator, treater, or other handler has received a return receipt confirming that the department has received notification of the loss of the exemption specified in subsection 1 of section 33-24-05-915 and if: a. The generator, treater, or other handler again meets the conditions specified in section 33-24-05-895 for the waste; and b. The generator, treater, or other handler sends a notice, by certified delivery, to the department that the generator, treater, or other handler is reclaiming the exemption for the waste. The notice must be signed by an authorized representative certifying that the information provided is true, accurate, and complete. The notice must: (1) Explain the circumstances of each failure. (2) Certify that each failure that caused the generator, treater, or other handler to lose the exemption for the waste has been corrected and that the generator, treater, or other handler again meets all conditions for the waste as of the date specified in the notice. (3) Describe plans the generator, treater, or other handler has implemented, listing the specific steps taken, to ensure that 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 that the generator's, treater's, or other handler's claim is inappropriate based on factors including 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 33-24-05-895. In reviewing a reclaimed conditional exemption under this section, the department may add conditions to the exemption to ensure that transportation and disposal activities will protect human health and the environment. N.D. Admin Code 33-24-05-916
Effective December 1, 2003.General Authority: NDCC 23-20.3-03
Law Implemented: NDCC 23-20.3-03, 23-20.3-04