Section 33.1-24-04-01 - Scope1. This chapter establishes standards which apply to persons transporting hazardous waste within this state if the transportation requires a manifest under chapter 33.1-24-03. 2. This chapter does not apply to onsite transportation of hazardous waste by generators or by owners or by operators of permitted hazardous waste management facilities. 3. A transporter of hazardous waste must also comply with chapter 33.1-24-03 if the transporter: a. Transports hazardous waste into this state from abroad; or b. Mixes hazardous waste of different department of transportation shipping descriptions by placing them into a single container. [NOTE: The transporter in complying with these requirements does not become the generator of the waste.]
4. A transporter of hazardous waste that is being imported from, or exported to, any other country for purposes of recovery or disposal is subject to the requirements of this chapter and to all other relevant requirements of sections 33.1-24-03-50 through 33.1-24-03-55 for movement documents.5. 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 in 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 chapter 33.1-24-03. 6. Section 33.1-24-05-823 identifies how the requirements of this chapter apply to military munitions classified as solid waste under section 33.1-24-05-822.N.D. Admin Code 33.1-24-04-01
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.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