Section 33-24-05-01 - Purpose, scope, and applicability1. The purpose of this chapter is to establish minimum standards which define the acceptable management of hazardous waste.2. The standards in this chapter apply to owners and operators of all facilities which treat, store, or dispose of hazardous waste, except as specifically provided otherwise in this chapter or chapter 33-24-02.3. The requirements of this chapter apply to a person disposing of hazardous waste by means of underground injection subject to a permit issued under an underground injection control program approved or promulgated under the Safe Drinking Water Act only to the extent they are required by 33-24-06.4. The requirements of this chapter apply to the owner or operator of a publicly owned treatment works which treats, stores, or disposes of hazardous waste only to the extent they are included in a hazardous waste permit by rule granted to such a person under 33-24-06.5. The requirements of this chapter apply to recyclable materials used in a manner constituting disposal, hazardous waste burned for energy recovery, recyclable materials utilized for precious metal recovery, and spent lead acid batteries being reclaimed.6. The requirements of this chapter do not apply to: a. The owner or operator of a facility permitted, licensed, or registered by the department to manage municipal or industrial solid waste, if the only hazardous waste the facility treats, stores, or disposes of is excluded from regulation under section 33-24-02-05.b. The owner or operator of a facility managing recyclable materials described in subdivisions b, c, and d of subsection 1 of section 33-24-02-06 (except to the extent they are referred to in sections 33-24-05-600 through 33-24-05-689 or sections 33-24-05-201 through 33-24-05-209, sections 33-24-05-230 through 33-24-05-249, or sections 33-24-05-525 through 33-24-05-549).c. A generator accumulating waste onsite in compliance with section 33-24-03-12.d. A farmer disposing of pesticide containers from the farmer's own use in compliance with section 33-24-03-40.e. The owner or operator of a totally enclosed treatment facility, as defined in section 33-24-01-04.f. The owner or operator of an elementary neutralization unit or a wastewater treatment unit as defined in section 33-24-01-04, provided that if the owner or operator is diluting hazardous ignitable (D001) wastes (other than the D001 high total organic carbon subcategory defined in section 33-24-05-280, table treatment standards for hazardous wastes, or reactive (D003) waste, to remove the characteristic before land disposal, the owner or operator must comply with the requirements set out in subsection 2 of section 33-24-05-08.g. Immediate response activities. (1) Except as provided in paragraph 2, a person engaged in treatment or containment activities during immediate response to any of the following situations:(a) A discharge of hazardous waste.(b) An imminent and substantial threat of a discharge of hazardous waste.(c) A discharge of material which, when discharged, becomes a hazardous waste.(d) An immediate threat to human health, public safety, property, or the environment, from the known or suspected presence of military munitions, other explosive material, or an explosive device, as determined by an explosive or munitions emergency response specialist as defined in section 33-24-01-04.(2) An owner or operator of a facility otherwise regulated by this chapter shall comply with all applicable requirements of sections 33-24-05-15 through 33-24-05-36.(3) Any person who is covered by paragraph 1 and continues or initiates hazardous waste treatment or containment activities after the immediate response is over is subject to all applicable requirements of this chapter and 33-24-06 and 33-24-07.(4) In the case of an explosives or munitions emergency response, if a federal, state, tribal, or local official acting within the scope of that person's official responsibilities, or an explosives or munitions emergency response specialist, determines that immediate removal of the material or waste is necessary to protect human health or the environment, that official or specialist may authorize the removal of the material or waste by transporters who do not have identification numbers and without the preparation of a manifest. In the case of emergencies involving military munitions, the responding military emergency response specialist's organizational unit must retain records for three years identifying the dates of the response, the responsible persons responding, the type and description of material addressed, and its disposition.h. A transporter storing manifested shipments of hazardous waste in containers meeting the requirements of section 33-24-03-08 at a transfer facility for a period of ten days or less.i. The addition of absorbent material to waste in a container (as defined in section 33-24-01-04) or the addition of waste to absorbent material in a container provided that these actions occur at the time waste is first placed in a container and subsection 2 of section 33-24-05-08 and sections 33-24-05-90 and 33-24-05-91 are complied with.j. Universal waste handlers and universal waste transporters (as defined in section 33-24-01-04) handling the wastes listed below. These handlers are subject to regulation under sections 33-24-05-700 through 33-24-05-799, when handling the below listed universal wastes:(1) Batteries as described in section 33-24-05-702;(2) Pesticides as described in section 33-24-05-703;(3) Mercury containing equipment as described in section 33-24-05-704; and(4) Lamps as described in section 33-24-05-705.7. The requirements of this chapter apply to owners or operators of all facilities which treat, store, or dispose of hazardous wastes referred to in sections 33-24-05-250 through 33-24-05-299.8. Subsection 1 of section 33-24-05-09 applies only to facilities subject to regulation under sections 33-24-05-89 through 33-24-05-190 and sections 33-24-05-300 through 33-24-05-309.9. Section 33-24-05-825 identifies when the requirements of this chapter apply to the storage of military munitions classified as solid waste under section 33-24-05-822. The treatment and disposal of hazardous waste military munitions are subject to the applicable permitting, procedural, and technical standards in 33-24.10. The requirements of sections 33-24-05-02 through 33-24-05-36 and section 33-24-05-58 do not apply to remediation waste management sites. (However, some remediation waste management sites may be a part of a facility that is subject to a traditional hazardous waste permit because the facility is also treating, storing, or disposing of hazardous wastes that are not remediation wastes. In these cases, sections 33-24-05-02 through 33-24-05-36 and section 33-24-05-58 do apply to the facility subject to the traditional hazardous waste permit.) Instead of the requirements of sections 33-24-05-02 through 33-24-05-36, owners or operators of remediation waste management sites must: a. Obtain an identification number by applying to the department using environmental protection agency form 8700-12, or equivalent state form;b. Obtain a detailed chemical and physical analysis of a representative sample of the hazardous remediation wastes to be managed a the site. At a minimum, the analysis must contain all of the information which must be known to treat, store, or dispose of the waste according to 33-24-05, and must be kept accurate and up to date;c. Prevent people who are unaware of the danger from entering, and minimize the possibility for unauthorized people or livestock to enter onto the active portion of the remediation waste management site, unless the owner or operator can demonstrate to the department that:(1) Physical contact with the waste, structures, or equipment within the active portion of the remediation waste management site will not injure people or livestock who may enter the active portion of the remediation waste management site; and(2) Disturbance of the waste or equipment by people or livestock who enter onto the active portion of the remediation waste management site will not cause a violation of the requirements of this article;d. Inspect the remediation waste management site for malfunctions, deterioration, operator errors, and discharges that may be causing, or may lead to, a release of hazardous waste constituents to the environment, or a threat to human health. The owner or operator must conduct these inspections often enough to identify problems in time to correct them before they harm human health or the environment, and must remedy the problem before it leads to a human health or environmental hazard. If a hazard is imminent or has already occurred, the owner or operator must take remedial action immediately;e. Provide personnel with classroom or on-the-job training on how to perform their duties in a way that ensures the remediation waste management site complies with the requirements of sections 33-24-05-01 through 33-24-05-190, 3-24-05-300 through 33-24-05-524, 33-24-05-550 through 33-24-05-559, and 33-24-05-800 through 33-24-05-819, and on how to respond effectively to emergencies;f. Take precautions to prevent accidental ignition or reaction of ignitable or reactive waste, and prevent threats to human health and the environment from ignitable, reactive, and incompatible waste;g. For remediation waste management sites subject to regulation under sections 33-24-05-89 through 33-24-05-190 and sections 33-24-05-300 through 33-24-05-309, the owner or operator must design, construct, operate, and maintain a unit within a one hundred-year floodplain to prevent washout of any hazardous waste by a one hundred-year flood, unless the owner or operator can meet the demonstration of subsection 1 of section 33-24-05-09;h. Not place any noncontainerized or bulk liquid hazardous waste in any salt dome formation, salt bed formation, or underground mine or cave;i. Develop and maintain a construction quality assurance program for all surface impoundments, waste piles, and landfill units that are required to comply with subsections 3 and 4 of section 33-24-05-119, subsections 2 and 3 of section 33-24-05-131, and subsections 3 and 4 of section 33-24-05-177 at the remediation waste management site, according to the requirements of section 33-24-05-10;j. Develop and maintain procedures to prevent accidents and a contingency and emergency plan to control accidents that occur. These procedures must address proper design, construction, maintenance, and operation of remediation waste management units at the site. The goal of the plan must be to minimize the possibility of, and the hazards from a fire, explosion, or any unplanned sudden or nonsudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water that could threaten human health or the environment. The plan must explain specifically how to treat, store, and dispose of the hazardous remediation waste in question, and must be implemented immediately whenever a fire, explosion, or release of hazardous waste or hazardous waste constituents which could threaten human health or the environment;k. Designate at least one employee, either on the facility premises or on call (that is, available to respond to an emergency by reaching the facility quickly), to coordinate all emergency response measures. This emergency coordinator must be thoroughly familiar with all aspects of the facility's contingency plan, all operations and activities at the facility, the location and characteristics of waste handled, the location of all records within the facility, and the facility layout. In addition, this person must have the authority to commit the resources needed to carry out the contingency plan;l. Develop, maintain, and implement a plan to meet the requirements in subdivisions b through f, i, and j; andm. Maintain records documenting compliance with subdivisions a through l.N.D. Admin Code 33-24-05-01
Effective January 1, 1984; amended effective October 1, 1986; December 1, 1988; December 1, 1991; January 1, 1994; July 1, 1997; 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