Section 33.1-24-03-02 - Hazardous waste determinationA person who generates a solid waste as defined in section 33.1-24-02-02 must determine if that waste is a hazardous waste using the following method:
1. The person should first determine if the waste is excluded from regulation under section 33.1-24-02-04.2. The person must then determine if the waste is listed as a hazardous waste in chapter 33.1-24-02.3. For purposes of compliance with sections 33.1-24-05-250 through 33.1-24-05-299, or if the waste is not listed in sections 33.1-24-02-15 through 33.1-24-02-18, the generator must then determine whether the waste exhibits a hazardous characteristic identified in sections 33.1-24-02-10 through 33.1-24-02-14 by either: a. Testing the waste according to the methods set forth in chapter 33.1-24-02 or an equivalent method as approved by the department. Persons testing their waste shall obtain a representative sample of the waste for testing, as defined in section 33.1-24-01-04.b. Applying knowledge of the hazard characteristic of the waste in light of the materials or the processes used. All waste analysis pursuant to subdivision a must be conducted by a laboratory approved by the department's certification procedures.
4. If the waste is determined to be hazardous, the generator must refer to chapter 33.1-24-02 and sections 33.1-24-05-01 through 33.1-24-05-559, sections 33.1-24-05-700 through 33.1-24-05-1149, and subsection 5 of section 33.1-24-06-16 for possible exclusions or restrictions pertaining to management of the generator's specific waste.5. The hazardous waste determination for each solid waste must be made at the point of waste generation. Determinations must be made before any dilution, mixing, or other alteration of the waste occurs. The determination also must take place before the waste experiences changes, or has the potential to experience changes, in properties that would affect the Resource Conservation and Recovery Act classification as a result of exposure to the environment.6. If the waste is determined to be hazardous, small quantity generators and large quantity generators shall identify all applicable environmental protection agency hazardous waste numbers (environmental protection agency hazardous waste codes) in sections 33.1-24-02-10 through 33.1-24-02-19. Prior to shipping the waste off site, the generator also shall mark its containers with all applicable hazardous waste numbers (environmental protection agency hazardous waste codes) according to section 33.1-24-03-10.N.D. Admin Code 33.1-24-03-02
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