N.D. Admin. Code 33-24-05-704

Current through Supplement No. 393, July, 2024

Section 33-24-05-704 - Applicability - Mercury containing equipment

1.Mercury containing equipment covered under sections 33-24-05-700 through 33-24-05-799. The requirements of sections 33-24-05-700 through 33-24-05-799 apply to persons managing mercury containing equipment, as described in section 33-24-01-04, except those listed in subsection 2.

2.Mercury containing equipment not covered under sections 33-24-05-700 through 33-24-05-799. The requirements of sections 33-24-05-700 through 33-24-05-799 do not apply to persons managing the following mercury containing equipment:

a. Mercury containing equipment that is not yet a waste under 33-24-02. Subsection 3 describes when mercury containing equipment becomes a waste;

b. Mercury containing equipment that is not a hazardous waste. Mercury containing equipment is a hazardous waste if it exhibits one or more of the characteristics identified in sections 33-24-02-10 through 33-24-02-14 or is listed in sections 33-24-02-15 through 33-24-02-19; and

c. Equipment and devices from which the mercury containing components have been removed.

3.Generation of waste mercury containing equipment.

a. Used mercury containing equipment becomes a waste on the date it is discarded.

b. Unused mercury containing equipment becomes a waste on the date the handler decides to discard it.

N.D. Admin Code 33-24-05-704

Effective July 1, 1997; 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