Section 33-24-05-822 - Definition of solid waste1. A military munition is not a solid waste when: a. Used for its intended purpose, including: (1) Use in training military personnel or explosives and munitions emergency response specialists (including training in proper destruction of unused propellant or other munitions);(2) Use in research, development, testing, and evaluation of military munitions, weapons, or weapon systems; or(3) Recovery, collection, and on-range destruction of unexploded ordnance and munitions fragments during range clearance activities at active or inactive ranges. However, "use for intended purpose" does not include the on-range disposal or burial of unexploded ordnance and contaminants when the burial is not a result of product use.b. An unused munition, or component thereof, is being repaired, reused, recycled, reclaimed, disassembled, reconfigured, or otherwise subjected to materials recovery activities, unless such activities involve use constituting disposal (as defined in subdivision a of subsection 3 of section 33-24-02-02) or burning for energy recovery (as defined in subdivision b of subsection 3 of section 33-24-02-02).2. An unused military munition is a solid waste when any of the following occurs: a. The munition is abandoned by being disposed of, burned, detonated (except during intended use as specified in subsection 1), incinerated, or treated prior to disposal;b. The munition is removed from storage in a military magazine or other storage area for the purpose of being disposed of, burned, or incinerated, or treated prior to disposal;c. The munition is deteriorated or damaged (for example, the integrity of the munition is compromised by cracks, leaks, or other damage) to the point that it cannot be put into serviceable condition, and cannot reasonably be recycled or used for other purposes; ord. The munition has been declared a solid waste by an authorized military official.3. A used or fired military munition is a solid waste:a. When transported off-range or from the site of use, where the site of use is not a range, for the purposes of storage, reclamation, treatment, disposal, or treatment prior to disposal; orb. If recovered, collected, and then disposed of by burial, or landfilling either on or off a range.4. For purposes of Resource Conservation and Recovery Act section 1004(27) or subsection 18 of North Dakota Century Code section 23-20.3-02, a used or fired military munition is a solid waste, and, therefore, is potentially subject to corrective action authorities under Resource Conservation and Recovery Act sections 3004(u) and (v), and 3008(h) or sections 33-24-05-57 and 33-24-05-58, or imminent and substantial endangerment authorities under section 7003, or North Dakota Century Code section 23-20.3-08, if the munition lands offrange and is not promptly rendered safe or retrieved, or both. Any imminent and substantial threats associated with any remaining material must be addressed. If remedial action is infeasible, the operator of the range must maintain a record of the event for as long as any threat remains. The record must include the type of munition and its location (to the extent the location is known).N.D. Admin Code 33-24-05-822
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