N.D. Admin. Code 33-24-05-713

Current through Supplement No. 393, July, 2024

Section 33-24-05-713 - Waste management

1.Universal waste batteries. A small quantity handler of universal waste must manage universal waste batteries in a way that prevents releases of any universal waste or component of a universal waste to the environment, as follows:

a. A small quantity handler of universal waste must contain any universal waste battery that shows evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions in a container. The container must be closed, structurally sound, compatible with the contents of the battery and must lack evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions.

b. A small quantity handler of universal waste may conduct the following activities as long as the casing of each individual battery cell is not breached and remains intact and closed (except that cells may be opened to remove electrolyte but must be immediately closed after removal):

(1) Sorting batteries by type;

(2) Mixing battery types in one container;

(3) Discharging batteries so as to remove the electric charge;

(4) Regenerating used batteries;

(5) Disassembling batteries or battery packs into individual batteries or cells;

(6) Removing batteries from consumer products; or

(7) Removing electrolyte from batteries.

c. A small quantity handler of universal waste who removes electrolyte from batteries, or who generates other solid waste (for example, battery pack materials, discarded consumer products) as a result of the activities listed in subdivision b, must determine whether the electrolyte or other solid waste, or both, exhibit one or more of the characteristics of hazardous waste identified in sections 33-24-02-10 through 33-24-02-14.

(1) If the electrolyte or other solid waste, or both, exhibit a characteristic of hazardous waste, it is subject to all applicable requirements of 33-24-01 through 33-24-04, 33-24-06, sections 33-24-05-01 through 33-24-05-559, and 33-24-05-800 through 33-24-05-1149. The handler is considered the generator of the hazardous electrolyte or other hazardous waste, or both, and is subject to the requirements of 33-24-03.

(2) If the electrolyte or other solid waste is not hazardous, the handler may manage the waste in compliance with applicable federal, state, or local solid waste regulations.

2.Universal waste pesticides. A small quantity handler of universal waste must manage universal waste pesticides in a way that prevents releases of any universal waste or component of a universal waste to the environment. The universal waste pesticides must be contained in one or more of the following:

a. A container that remains closed, structurally sound, compatible with the pesticide, and that lacks evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions;

b. A container that does not meet the requirements of subdivision a, provided that the unacceptable container is overpacked in a container that does meet the requirements of subdivision a;

c. A tank that meets the requirements of sections 33-24-05-103 through 33-24-05-117, except subsection 3 of section 33-24-06-110 and sections 33-24-05-113 and 33-24-05-114; or

d. A transport vehicle or vessel that is closed, structurally sound, compatible with the pesticide, and that lacks evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions.

3.Mercury containing equipment. A small quantity handler of universal waste must manage universal waste mercury containing equipment in a way that prevents releases of any universal waste or component of a universal waste to the environment, as follows:

a. A small quantity handler of universal waste must place in a container any universal waste mercury containing equipment with noncontained elemental mercury or that shows evidence of leakage, spillage, or damage that could cause leakage under reasonable foreseeable conditions. The container must be closed, structurally sound, compatible with the contents of the device, must lack evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions, and must be reasonably designed to prevent the escape of mercury into the environment by volatilization or any other means.

b. A small quantity handler of universal waste may remove mercury containing ampules or other reservoirs from universal waste mercury containing equipment provided the handler:

(1) Removes and manages the ampules or other reservoirs in a manner designed to prevent breakage of the ampules or other reservoirs;

(2) Removes the ampules or other reservoirs only over or in a containment device (for example, a tray or pan sufficient to collect and contain any mercury released from an ampule or other reservoir in case of breakage);

(3) Ensures that a mercury cleanup system is readily available to immediately transfer any mercury resulting from spills or leaks from broken ampules or other reservoirs from that containment device to a container that meets the requirements of section 33-24-03-12;

(4) Immediately transfers any mercury resulting from spills or leaks from broken ampules or other reservoirs from the containment device to a container that meets the requirements of section 33-24-03-12;

(5) Ensures that the area in which ampules or other reservoirs are removed is well-ventilated and monitored to ensure compliance with applicable occupational safety and health administration exposure levels for mercury;

(6) Ensures that employees removing ampules or other reservoirs are thoroughly familiar with proper waste mercury handling and emergency procedures, including transfer of mercury from containment devices to appropriate containers;

(7) Stores removed ampules or other reservoirs in closed, nonleaking containers that are in good condition; and

(8) Packs removed ampules or other reservoirs in the container with packing materials adequate to prevent breakage during storage, handling, and transportation.

c. A small quantity handler of universal waste mercury containing equipment that does not contain an ampule or other reservoirs may remove the open original housing holding the mercury from universal waste mercury containing equipment provided the handler:

(1) Immediately seals the original housing holding the mercury with an airtight seal to prevent the release of any mercury to the environment; and

(2) Follows all requirements for removing ampules or other reservoirs and managing removed ampules or other reservoirs under subdivision b.

d. A small quantity handler of universal waste who removes mercury containing ampules or other reservoirs from mercury containing equipment or seals mercury from mercury containing equipment in its original housing must:

(1) Determine whether the following exhibit a characteristic of hazardous waste identified in sections 33-24-02-10 through 33-24-02-14:

(a) Mercury or cleanup residues resulting from spills or leaks;

(b) Other solid waste generated as a result of the removal of mercury containing ampules or other reservoirs or housings (for example, the remaining mercury containing device ); or

(c) Both.

(2) If the mercury, residues, or other solid waste, or any combination thereof, exhibits a characteristic of hazardous waste, it must be managed in compliance with all applicable requirements of 33-24-01 through 33-24-04, 33-24-06, sections 33-24-05-01 through 33-24-05-559, and 33-24-05-800 through 33-24-05-1149. The handler is considered the generator of the mercury, residues, or other solid waste, or any combination thereof, and must manage it in compliance with 33-24-03.

(3) If the mercury, residues, or other solid waste, or any combination thereof, is not hazardous, the handler may manage the waste in any way that is in compliance with applicable federal, state, or local solid waste regulations.

4. Lamps. A small quantity handler of universal waste must manage lamps in a way that prevents releases of any universal waste or component of a universal waste to the environment, as follows:

a. A small quantity handler of universal waste must contain any lamp in containers or packages that are structurally sound, adequate to prevent breakage, and compatible with the contents of the lamps. Such containers and packages must remain closed and must lack evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions.

b. A small quantity handler of universal waste must immediately clean up and place in a container any lamp that is broken and must place in a container any lamp that shows evidence of breakage, leakage, or damage that could cause the release of mercury or other hazardous constituents to the environment. Containers must be closed, structurally sound, compatible with the contents of the lamps and must lack evidence of leakage, spillage, or damage that could cause leakage or releases of mercury or other hazardous constituents to the environment under reasonably foreseeable conditions.

N.D. Admin Code 33-24-05-713

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