Statutes, codes, and regulations
North Dakota Administrative Code
Title 33 - State Department of HealthArticle 33-24 - Hazardous Waste ManagementChapter 33-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities
SPENT LEAD ACID BATTERIES BEING RECLAIMED
Section 33-24-05-235 - Applicability and requirements of spent lead acid batteries being reclaimed

N.D. Admin. Code 33-24-05-235

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Current through Supplement No. 393, July, 2024
Section 33-24-05-235 - Applicability and requirements of spent lead acid batteries being reclaimed
1. For a facility that generates, collects, transports, stores, or regenerates lead-acid batteries for reclamation purposes, the facility may be exempt from certain hazardous waste management requirements. Use the following table to determine which requirements apply. Alternatively, a generator may choose to manage spent lead-acid batteries under the universal waste rules in sections 33-24-05-700 through 33-24-05-799.

If the batteries:

(1) Will be reclaimed through regeneration (such as by electrolyte replacement).

And if you:

Then you: Are exempt from 33-24-03 (except for section 33-24-03-02), 33-24-04, 33-24-06, and 33-24-07 and sections 33-24-05-01 through 33-24-05-599 and 33-24-05-800 through 33-24-05-929, and the notification requirements of section 33-24-03-03.

And you:

Are subject to 33-24-02 and section 33-24-03-02.

(2) Will be reclaimed other than through regeneration.

Generate, collect, or transport, or any combination of the above, these batteries.

Are exempt from 33-24-03 (except for section 33-24-03-02), 33-24-04, 33-24-06, and 33-24-07 and sections 33-24-05-01 through 33-24-05-249, 33-24-05-300 through 33-24-05-599, and 33-24-05-800 through 33-24-05-929, and the notification requirements of section 33-24-03-03.

Are subject to 33-24-02 and section 33-24-03-02, and the applicable provisions of sections 33-24-05-250 through 33-24-05-299.

(3) Will be reclaimed other than through regeneration.

Store these batteries but are not the reclaimer.

Are exempt from 33-24-03 (except for section 33-24-03-02), 33-24-04, 33-24-06, and 33-24-07 and sections 33-24-05-01 through 33-24-05-249, 33-24-05-300 through 33-24-05-599, and 33-24-05-800 through 33-24-05-929, and the notification requirements of section 33-24-03-03.

Are subject to 33-24-02 and section 33-24-03-02, and the applicable provisions of sections 33-24-05-250 through 33-24-05-299.

(4) Will be reclaimed other than through regeneration.

Store these batteries before you reclaim them.

Must comply with subsection 2 of section 33-24-05-235 and as appropriate other regulatory provisions in subsection 2 of section 33-24-06-235.

Are subject to 33-24-02 and section 33-24-03-02, and the applicable provisions of sections 33-24-05-250 through 33-24-05-299.

(5) Will be reclaimed other than through regeneration.

Do not store these batteries before you reclaim them.

Are exempt from 33-24-03 (except for section 33-24-03-02), 33-24-04, 33-24-06, and 33-24-07 and sections 33-24-05-01 through 33-24-05-249, 33-24-05-300 through 33-24-05-599, and 33-24-05-800 through 33-24-05-929, and the notification requirements of section 33-24-03-03.

Are subject to 33-24-02 and section 33-24-03-02, and the applicable provisions of sections 33-24-05-250 through 33-24-05-299.

(6) Will be reclaimed through regeneration or any other means.

Export these batteries for reclamation in a foreign country.

Are exempt from 33-24-03 (except for section 33-24-03-02), 33-24-04, 33-24-06, and 33-24-07 and sections 33-24-05-01 through 33-24-05-559 and 33-24-05-800 through 33-24-05-929, and the notification requirements of section 33-24-03-03, and except for the applicable requirements in either: (1) Sections 33-24-03-50 through 33-24-03-59; or (2) Section 33-24-03-20 "Notification of Intent to Export", subdivisions a through d and f of subsection 1 and subsection 2 of section 33-24-03-23 "Annual Reports", and section 33-24-03-24 "Recordkeeping."

Are subject to 33-24-02 and section 33-24-03-02, and either must comply with sections 33-24-03-50 through 33-24-03-59 (if shipping to one of the organization for economic cooperation and development countries specified in subdivision a of subsection 1 of section 33-24-03-25, or must: (a) Comply with the requirements applicable to a primary exporter in section 33-24-03-20, subdivisions a through d and f of subsection 1 and subsection 2 of section 33-24-03-23 and section 33-24-03-24; (b) Export these batteries only upon consent of the receiving country and in conformance with the environmental protection agency acknowledgment of consent as defined in sections 33-24-03-17 through 33-24-03-25; and (c) Provide a copy of the environmental protection agency acknowledgment of consent for the shipment to the transporter transporting the shipment for export.

(7) Will be reclaimed through regeneration or any other means.

Transport these batteries in the United States to export them for reclamation in a foreign country.

Are exempt from 33-24-04, 33-24-06, and 33-24-07 and sections 33-24-05-01 through 33-24-05-559 and 33-24-05-800 through 33-24-05-929, and the notification requirements of section 33-24-03-03.

Must comply with applicable requirements in sections 33-24-03-50 through 33-24-03-59 (if shipping to one of the organization for economic cooperation and development countries specified in subdivision a of subsection 1 of section 33-24-03-25, or must comply with the following: (a) May not accept a shipment if the shipment does not conform to the environmental protection agency acknowledgment of consent; (b) Must ensure that a copy of the environmental protection agency acknowledgment of consent accompanies the shipment; and (c) Must ensure that the shipment is delivered to the facility designated by the person initiating the shipment.

2. For a facility that stores spent lead-acid batteries before reclamation but not through regeneration, the facility is subject to the following requirements:
a. Notification under section 33-24-03-03.
b. All applicable provisions in sections 33-24-05-01 through 33-24-05-143, and sections 33-24-05-950 through 33-24-05-1149, except sections 33-24-05-04, 33-24-05-38, and 33-24-05-39.
c. All applicable regulations in 33-24-06 and 33-24-07.

N.D. Admin Code 33-24-05-235

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