Section 33.1-24-03-27 - Satellite accumulation area regulations for small and large quantity generatorsA generator may accumulate as much as fifty-five gallons of nonacute hazardous waste and either one quart of liquid (or one kilogram [2.2 pounds] of solid) acute hazardous waste or both listed in section 33.1-24-02-16 or subsection 5 of section 33.1-24-02-18 in containers at or near any point of generation where wastes initially accumulate which is under the control of the operator of the process generating the waste, without a permit or interim status and without complying with the requirements of sections 33.1-24-05-01 through 33.1-24-05-249, sections 33.1-24-05-300 through 33.1-24-05-599, chapter 33.1-24-06, and chapter 33.1-24-07, provided that all of the conditions for exemption in this section are met. A generator may comply with the conditions for exemption in this section instead of complying with the conditions for exemption in subsection 2 of section 33.1-24-03-28 or subsection one of section 33.1-24-03-29, except as required in subsections 7 and 8. The conditions for exemption for satellite accumulation are:
1. If a container holding hazardous waste is not in good condition, or if it begins to leak, the generator shall immediately transfer the hazardous waste from this container to a container that is in good condition and does not leak. Or, immediately transfer and manage the waste in a central accumulation area operated in compliance with subsection 2 of section 33.1-24-03-28 or subsection one of section 33.1- 24-03-29;2. The generator must use a container made of, or lined with, materials that will not react with, and are otherwise compatible with, the hazardous waste to be accumulated, so that the ability of the container to contain the waste is not impaired;3. Special standards for incompatible wastes. a. Incompatible wastes, or incompatible wastes and materials, examples provided in Appendix III of chapter 33.1-24-05, must not be placed in the same container, unless subsection 2 of section 33.1- 24-05-08 is complied with;b. Hazardous waste may not be placed in an unwashed container that previously held an incompatible waste or material (see appendix III of chapter 33.1-24-05 for examples) unless subsection 2 of section 33.1-24-05-08 is complied with;c. A container holding a hazardous waste that is incompatible with any waste or other materials accumulated nearby in other containers must be separated from the other materials or protected from them by any practical means.4. A container holding hazardous waste must be closed at all times during accumulation, except: a. When adding, removing, or consolidating waste; orb. When temporary venting of a container is necessary for the proper operation of equipment or to prevent dangerous situations, such as buildup of extreme pressure.5. A generator must mark or label its container with the following: a. The words "Hazardous Waste"; andb. An indication of the hazards of the contents (examples include the applicable hazardous waste characteristic (i.e., ignitable, corrosive, reactive, toxic); hazard communication consistent with the department of transportation requirements at 49 CFR part 172 subpart E (labeling) or subpart F (placarding); a hazard statement or pictogram consistent with the occupational safety and health administration hazard communication standard at 29 CFR 1910.1200; or a chemical hazard label consistent with the National Fire Protection Association Code 704).6. A generator who accumulates either acute hazardous waste listed in section 33.1-24-02-16 or subsection 5 of section 33.1-24-02-18 or nonacute hazardous waste in excess of the amounts listed in this section at or near any point of generation must do the following: a. Comply within three consecutive calendar days with the applicable central accumulation area regulations in subsection 2 of section 33.1-24-03-28 or subsection 1 of section 33.1-24-03-29; orb. Remove the excess from the satellite accumulation area within three consecutive calendar days to either: (1) A central accumulation area operated in accordance with the applicable regulations in subsection 2 of section 33.1-24-03-28 or subsection 1 of section 33.1-24-03-29;(2) An onsite interim status or permitted treatment, storage, or disposal facility; or(3) An off site designated facility; andc. During the three-consecutive-calendar-day period the generator must continue to comply with subsections 1 through 5. The generator shall mark or label the container holding the excess accumulation of hazardous waste with the date the excess amount began accumulating.7. All satellite accumulation areas operated by a small quantity generator shall meet the preparedness and prevention regulations of subsection 8 of section 33.1-24-03-28 and emergency procedures at subsection 9 of section 33.1-24-03-28.8. All satellite accumulation areas operated by a large quantity generator shall meet the preparedness, prevention, and emergency procedures in sections 33.1-24-05-15 through 33.1-24-05-36.N.D. Admin Code 33.1-24-03-27
Reserved 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