Section 33-24-05-781 - Factors for petitions to include other wastes under sections 33-24-05-700 through 33-24-05-7991. The waste or category of waste, as generated by a wide variety of generators, is listed in sections 33-24-02-15 through 33-24-02-19, or (if not listed) a proportion of the waste stream exhibits one or more characteristics of hazardous waste identified in sections 33-24-02-10 through 33-24-02-14. (When a characteristic waste is added to the universal waste regulations of sections 33-24-05-700 through 33-24-05-799 by using a generic name to identify the waste category (for example, batteries), the definition of universal waste in section 33-24-01-04 will be amended to include only the hazardous waste portion of the waste category (for example, hazardous waste batteries).) Thus, only the portion of the waste stream that does exhibit one or more characteristics (therefore, is hazardous waste) is subject to the universal waste regulations of sections 33-24-05-700 through 33-24-05-799;2. The waste or category of waste is not exclusive to a specific industry or group of industries, is commonly generated by a wide variety of types of establishments (including, for example, households, retail and commercial businesses, office complexes, conditionally exempt small quantity generators, small businesses, government organizations, as well as large industrial facilities);3. The waste or category of waste is generated by a large number of generators (for example, more than one thousand nationally) and is frequently generated in relatively small quantity by each generator;4. Systems to be used for collecting the waste or category of waste (including packaging, marking, and labeling practices) would ensure close stewardship of the waste;5. The risk posed by the waste or category of waste during accumulation and transport is relatively low compared to other hazardous wastes, and specific management standards proposed or referenced by the petitioner (for example, waste management requirements appropriate to be added to sections 33-24-05-713, 33-24-05-733, and 33-24-05-752; or applicable department of transportation requirements) would be protective of human health and the environment during accumulation and transport;6. Regulation of the waste or category of waste under sections 33-24-05-700 through 33-24-05-799 will increase the likelihood that the waste will be diverted from the nonhazardous waste management systems (for example, the municipal waste stream, nonhazardous industrial or commercial waste stream, municipal sewer, or stormwater systems) to recycling, treatment, or disposal in compliance with the hazardous waste management rules;7. Regulation of the waste or category of waste under sections 33-24-05-700 through 33-24-05-799 will improve implementation of the hazardous waste regulatory program; and8. Such other factors as may be appropriate.N.D. Admin Code 33-24-05-781
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