Section 33.1-24-03-01 - Scope and applicabilityThis chapter establishes standards for generators of hazardous waste.
1. A person who generates a hazardous waste is subject to all applicable requirements listed below: a. Requirements of a very small quantity generator: (1) Section 33.1-24-03-02 hazardous waste determination;(2) Section 33.1-24-03-13 recordkeeping; and(3) Subsection 2 of section 33.1-24-03-03 generator category determination.b. Requirements of a small quantity generator: (1) Section 33.1-24-03-02 hazardous waste determination;(2) Section 33.1-24-03-13 recordkeeping;(3) Subsection 2 of section 33.1-24-03-03 generator category determination;(4) Section 33.1-24-03-03 identification number and registration certificate;(5) Sections 33.1-24-03-04 through 33.1-24-03-07 manifest requirements;(6) Section 33.1-24-03-08 packaging;(7) Section 33.1-24-03-09 labeling;(8) Section 33.1-24-03-10 marking;(9) Section 33.1-24-03-11 placarding;(10) Section 33.1-24-03-27 satellite accumulation area regulations for small and large quantity generators;(11) Section 33.1-24-03-28 conditions for exemption for a small quantity generator that accumulates hazardous waste; and(12) The transboundary requirements found in sections 33.1-24-03-50 through 33.1-24-03-55.c. Requirements of a large quantity generator: (1) Section 33.1-24-03-02 hazardous waste determination;(2) Sections 33.1-24-03-13 through 33.1-24-03-16 for recordkeeping and reporting;(3) Subsection 2 of section 33.1-24-03-03 generator category determination;(4) Section 33.1-24-03-03 identification number and registration certificate;(5) Sections 33.1-24-03-04 through 33.1-24-03-07 manifest requirements;(6) Section 33.1-24-03-08 packaging;(7) Section 33.1-24-03-09 labeling;(8) Section 33.1-24-03-10 marking;(9) Section 33.1-24-03-11 placarding;(10) Section 33.1-24-03-27 satellite accumulation area regulations for small and large quantity generators;(11) Section 33.1-24-03-28 conditions for exemption for a large quantity generator that accumulates hazardous waste; and(12) The transboundary requirements found in sections 33.1-24-03-50 through 33.1-24-03-55.2. A generator that accumulates hazardous wastes onsite is a person that stores hazardous waste; such generator is subject to the applicable requirements of 33.1-24-05, 33.1-24-06, and 33.1-24-07 and section 33.1-24-03-03, unless it has met the following exemption conditions: a. The generator is a very small quantity generator that meets the conditions for exemption in section 33.1-24-03-26;b. The generator is a small quantity generator that meets the conditions for exemption in sections 33.1-24-03-27 and 33.1-24-03-28; orc. The generator is a large quantity generator that meets the conditions for exemption in sections 33.1-24-03-27 and 33.1-24-03-29.3. A generator may not transport, offer for transport, or otherwise cause its hazardous waste to be sent to a facility that is not a designated facility as defined in section 33.1-24-01-04, or not otherwise authorized to receive the generator's hazardous waste.4. A generator shall use subsection 2 of section 33.1-24-03-03 to determine which provisions of this chapter are applicable to the generator based on the quantity of hazardous waste generated per calendar month.5. Any person who exports or imports hazardous waste into the United States through this state must comply with sections 33.1-24-03-50 through 33.1-24-03-55.6. Any person who exports or imports wastes that are considered hazardous under United States national procedures to or from the countries listed in subdivision a of subsection 1 of section 33.1-24-03-25 for recovery must comply with sections 33.1-24-03-50 through 33.1-24-03-59. A waste is considered hazardous under United States national procedures if the waste meets the federal definition of hazardous waste in 40 CFR 261.3 and is subject to manifesting requirements at sections 33.1-24-03-04 through 33.1-24-03-07, the universal waste management standards of sections 33.1-24-05-700 through 33.1-24-05-799 or the export requirements in the spent lead-acid battery management standards of sections 33.1-24-05-235 through 33.1-24-05-249.7. A farmer who generates waste pesticides which are hazardous waste and who complies with all the requirements of section 33.1-24-03-40 is not required to comply with other standards in 33.1-24-03, 33.1-24-05, and 33.1-24-06 with respect to such pesticides.8. A person who generates a hazardous waste as defined in 33.1-24-02 is subject to the compliance requirements and penalties prescribed in North Dakota Century Code chapter 23.1-04 if the person does not comply with the requirements of this chapter.9. An owner or operator who initiates a shipment of hazardous waste from a treatment, storage, or disposal facility must comply with the generator standards established in this chapter.10. Persons responding to an explosives or munitions emergency in accordance with subparagraph d of paragraph 1 of subdivision g of subsection 6 of section 33.1-24-05-01 or paragraph 4 of subdivision g of subsection 6 of section 33.1-24-05-01 or 40 CFR 265.1(c)(11) (i)(D) or (iv) as incorporated by reference at subsection 5 of section 33.1-24-06-16, and item 4 of subparagraph a and subparagraph c of paragraph 9 of subdivision b of subsection 2 of section 33.1-24-06-01, are not required to comply with the standards of 33.1-24-03.11. The laboratories owned by an eligible academic entity that chooses to be subject to the requirements of sections 33.1-24-03-60 through 33.1-24-03-77 are not subject to (for purposes of this subsection, the terms "laboratory" and "eligible academic entity" shall have the meaning as defined in section 33.1-24-03-61): a. The requirements of section 33.1-24-03-02 or section 33.1-24-03-27, for large quantity generators and small quantity generators, except as provided in sections 33.1-24-03-60 through 33.1-24-03-77; andb. The conditions of section 33.1-24-03-26, for very small quantity generators, except as provided in sections 33.1-24-03-60 through 33.1-24-03-77. Note 1: A generator who treats, stores, or disposes of hazardous waste onsite must comply with the applicable standards and permit requirements set forth in 33.1-24-05 and 33.1-24-06.
12. All reverse distributors, as defined in section 33.1-24-05-310, are subject to sections 33.1-24-05-310 through 33.1-24-05-320 for the management of hazardous waste pharmaceuticals in lieu of this part.13. Each health care facility, as defined in section 33.1-24-05-310, must determine whether it is subject to sections 33.1-24-05-310 through 33.1-24-05-320 for the management of hazardous waste pharmaceuticals, based on the total hazardous waste it generates per calendar month, including both hazardous waste pharmaceuticals and nonpharmaceutical hazardous waste. a. A health care facility that generates more than one hundred kilograms [220.46 pounds] of nonacute hazardous waste per calendar month, or more than one kilogram [2.20 pounds] of acute hazardous waste per calendar month, or more than one hundred kilogram [220.46 pounds] per calendar month of any residue or contaminated soil, water, or other debris, resulting from the cleanup of a spill, into or on any land or water, of any acute hazardous wastes listed in section 33.1-24-02-16 or subsection 5 of section 33.1-24-02-18, is subject to sections 33.1-24-05-310 through 33.1-24-05-320 for the management of hazardous waste pharmaceuticals in lieu of this part.b. A health care facility that is a very small quantity generator when counting all of its hazardous waste per calendar month, including both its hazardous waste pharmaceuticals and nonpharmaceutical hazardous wastes, remains subject to section 33.1-24-03-26 and is not subject to sections 33.1-24-05-310 through 33.1-24-05-320, except for sections 33.1-24-05-315 and 33.1-24-05-317 and the optional provisions of 33.1-24-05-314.N.D. Admin Code 33.1-24-03-01
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.Amended by Administrative Rules Supplement 2021-381, July 2021, effective 7/1/2021.General Authority: NDCC 23.1-04-03
Law Implemented: NDCC 23.1-04-03, 23.1-04-05; S.L. 2017, ch. 199, § 19