Section 33.1-24-01-09 - Nonwaste determinations and variances from classification as a solid wasteIn accordance with the standards and criteria in sections 33.1-24-01-10 and 33.1-24-01-17 and the procedures in section 33.1-24-01-12, the department may determine on a case-by-case basis the following recycled materials are not solid wastes:
1. Materials that are accumulated speculatively without sufficient amounts being recycled (as defined in subdivision h of subsection 3 of section 33.1-24-02-01);2. Materials that are reclaimed and then reused within the original production process in which they were generated;3. Materials that have been reclaimed but must be reclaimed further before the materials are completely recovered;4. Hazardous secondary materials that are reclaimed in a continuous industrial process;5. Hazardous secondary materials that are indistinguishable in all relevant aspects from a product or intermediate. N.D. Admin Code 33.1-24-01-09
Adopted by Administrative Rules Supplement 370, October 2018, effective 1/1/2019.Amended by Administrative Rules Supplement 2020-377, July 2020, effective 7/1/2020.General Authority: NDCC 23.1-04-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-04-03, 23.1-04-05; S.L. 2017, ch. 199, § 19