Section 33-24-05-114 - Special requirements for generators of between one hundred and one thousand kilograms per month that accumulate hazardous waste in tanks1. The requirements of this section apply to small quantity generators of more than one hundred kilograms, but less than one thousand kilograms of hazardous waste in a calendar month, that accumulate hazardous waste in tanks for less than one hundred eighty days (or two hundred seventy days if the generator must ship the waste greater than two hundred miles), and do not accumulate over six thousand kilograms onsite at any time.2. Generators of between one hundred and one thousand kilograms per month hazardous waste shall comply with the following general operating requirements: a. Treatment or storage of hazardous waste in tanks must comply with subsection 2 of section 33-24-05-08.b. Hazardous wastes or treatment reagents may not be placed in a tank if they could cause the tank or its inner liner to rupture, leak, corrode, or otherwise fail before the end of its intended life.c. Uncovered tanks must be operated to ensure at least sixty centimeters [2 feet] of freeboard, unless the tank is equipped with a containment structure (for example, dike or trench), a drainage control system, or a diversion structure (for example, standby tank) with a capacity that equals or exceeds the volume of the top sixty centimeters [2 feet] of the tank. d. Where hazardous waste is continuously fed into a tank, the tank must be equipped with a means to stop this inflow (for example, waste feed cutoff system or bypass system to a standby tank). [Note: These systems are intended to be used in the event of a leak or overflow from the tank due to a system failure (for example, a malfunction in the treatment process, a crack in the tank, etc.).]
3. Generators of between one hundred and one thousand kilograms per month accumulating hazardous waste in tanks shall inspect, where present: a. Discharge control equipment (for example, waste feed cutoff systems, bypass systems, and drainage systems) at least once each operating day to ensure that it is in good working order;b. Data gathered from monitoring equipment (for example, pressure and temperature gauges) at least once each operating day to ensure that the tank is being operated according to its design;c. The level of waste in the tank at least once each operating day to ensure compliance with subdivision c of subsection 2;d. The construction materials of the tank at least weekly to detect corrosion or leaking of fixtures or seams; ande. The construction materials of, and the area immediately surrounding, discharge confinement structures (for example, dikes) at least weekly to detect erosion or obvious signs of leakage (for example, wet spots or dead vegetation).4. Generators of between one hundred and one thousand kilograms per month accumulating hazardous waste in tanks must, upon closure of the facility, remove all hazardous waste from tanks, discharge control equipment, and discharge confinement structures. [Note: At closure, as throughout the operating period, unless the owner or operator can demonstrate, in accordance with subsection 3 or 4 of section 33-24-02-03 that any solid waste removed from the owner's or operator's tank is not a hazardous waste, the owner or operator becomes a generator of hazardous waste and shall manage it in accordance with all applicable requirements of 33-24-03 through 33-24-06.]
5. Generators of between one hundred and one thousand kilograms per month shall comply with the following special requirements for ignitable or reactive waste: a. Ignitable or reactive waste may not be placed in a tank, unless: (1) The waste is treated, rendered, or mixed before or immediately after placement in a tank so that (a) the resulting waste, mixture, or dissolution of material no longer meets the definition of ignitable or reactive wastes under section 33-24-02-11 or 33-24-02-13, and (b) subsection 2 of section 33-24-05-08 is complied with;(2) The waste is stored or treated in such a way that it is protected from any material or conditions that may cause the waste to ignite or react; or(3) The tank is used solely for emergencies.b. The owner or operator of a facility which treats or stores ignitable or reactive waste in covered tanks shall comply with the buffer zone requirements for tanks contained in tables 2-1 through 2-6 of the national fire protection association's "flammable and combustible liquids code" (1977 or 1981). (Incorporated by reference, see section 33-24-01-05.)6. Generators of between one hundred and one thousand kilograms per month must comply with the following special requirements for incompatible wastes:a. Incompatible wastes, or incompatible wastes and materials, (see appendix III for examples) may not be placed in the same tank, unless subsection 2 of section 33-24-05-08 is complied with; andb. Hazardous waste may not be placed in an unwashed tank which previously held an incompatible waste or material unless subsection 2 of section 33-24-05-08 is complied with.N.D. Admin Code 33-24-05-114
Effective December 1, 1988; amended effective July 1, 1997.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