N.D. Admin. Code 33-24-05-230

Current through Supplement No. 393, July, 2024

Section 33-24-05-230 - Applicability and requirements for recyclable materials utilized for precious metal recovery

1. Sections 33-24-05-230 through 33-24-05-234 apply to recyclable materials that are reclaimed to recover economically significant amounts of gold, silver, platinum, palladium, iridium, osmium, rhodium, ruthenium, or any combination of these.

2. Persons who generate, transport, or store recyclable materials that are regulated under sections 33-24-05-230 through 33-24-05-234 are subject to the following requirements:

a. Notification requirements;

b.33-24-03 (for generators), sections 33-24-04-04 and 33-24-04-05 (for transporters), and sections 33-24-05-38 and 33-24-05-39 (for persons who store); and

c. For precious metals exported to or imported from designated organization for economic cooperation and development member countries for recovery, sections 33-24-03-50 through 33-24-03-59 and subsection 1 of section 33-24-05-02. For precious metals exported to or imported from non-organization for economic cooperation and development countries for recovery, sections 33-24-03-17 through 33-24-03-25 and section 33-24-03-30.

3. Persons who store recycled materials that are regulated under sections 33-24-05-230 through 33-24-05-234 must keep the following records to document that they are not accumulating these materials speculatively (as defined in subsection 3 of section 33-24-02-01):

a. Records showing the volume of these materials stored at the beginning of the calendar year;

b. The amount of these materials generated or received during the calendar year; and

c. The amount of materials remaining at the end of the calendar year.

4. Recyclable materials that are regulated under sections 33-24-05-230 through 33-24-05-234 that are accumulated speculatively (as defined in subsection 3 of section 33-24-02-01) are subject to all applicable provisions of 33-24-03 through 33-24-07.

N.D. Admin Code 33-24-05-230

Effective October 1, 1986; amended effective December 1, 1988.

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