Section 33-24-05-612 - Prohibitions1.Surface impoundment prohibition. Used oil shall not be managed in surface impoundments or waste piles unless the units are subject to regulation under sections 33-24-05-01 through 33-24-05-190, 33-24-05-300 through 33-24-05-524, 33-24-05-550 through 33-24-05-559, 33-24-05-800 through 33-24-05-819, or the applicable requirements of subsection 5 of section 33-24-06-16.2.Use as a dust suppressant. The use of used oil as a dust suppressant is prohibited.3.Burning in particular units. Off-specification used oil fuel may be burned for energy recovery in only the following devices:a. Industrial furnaces identified in section 33-24-01-04;b. Boilers, as defined in section 33-24-01-04, that are identified as follows: (1) Industrial boilers located on the site of a facility engaged in a manufacturing process where substances are transformed into new products, including the component parts of products, by mechanical or chemical processes;(2) Utility boilers used to produce electric power, steam, heated or cooled air, or other gases or fluids for sale; or(3) Used oil-fired space heaters provided that the burner meets the provisions of section 33-24-05-623.c. Hazardous waste incinerators subject to regulation under sections 33-24-05-144 through 33-24-05-159 or the applicable requirements of subsection 5 of section 33-24-06-16.N.D. Admin Code 33-24-05-612
Effective January 1, 1994; amended 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