Section 33-24-05-780 - Petitions to include other wastes under sections 33-24-05-700 through 33-24-05-7991. Any person seeking to add a hazardous waste or a category of hazardous waste to sections 33-24-05-700 through 33-24-05-799 may petition for a regulatory amendment under sections 33-24-05-780 through 33-24-05-781, 33-24-01-06, and 33-24-01-08.2. To be successful, the petitioner must demonstrate to the satisfaction of the department that regulation under the universal waste regulations of sections 33-24-05-700 through 33-24-05-799 is appropriate for the waste or category of waste; will improve management practices for the waste or category of waste; and will improve implementation of the hazardous waste program. The petition must include the information required by subsection 2 of section 33-24-01-06. The petition should also address as many of the factors listed in section 33-24-05-781 as are appropriate for the waste or waste category addressed in the petition.3. The department will evaluate petitions using the factors listed in section 33-24-05-781. The department will grant or deny a petition using the factors listed in section 33-24-05-781. The decision will be based on the weight of evidence showing that regulation under sections 33-24-05-700 through 33-24-05-799 is appropriate for the waste or category of waste, will improve management practices for the waste of category of waste, and will improve implementation of the hazardous waste program.N.D. Admin Code 33-24-05-780
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