Additional regulation of certain hazardous waste recycling activities on a

case-by-case basis. The department may decide on a case-by-case basis that persons accumulating or storing the recyclable materials described in paragraph 3 of subdivision b of subsection 1 of section 33.1-24-02-06 should be regulated under subsections 2 and 3 of section 33.1-24-02-06. The basis for this decision is that the materials are being accumulated or stored in a manner that does not protect human health and the environment because the materials or their toxic constituents have not been adequately contained, or because the materials being accumulated or stored together are incompatible. In making this decision, the department will consider the following factors: 1. The types of materials accumulated or stored and the amounts accumulated or stored; 2. The method of accumulation or storage; 3. The length of time the materials have been accumulated or stored before being reclaimed; 4. Whether any contaminants are being released into the environment or are likely to be so released; and 5. Other relevant factors. The procedures for this decision are set forth in section 33.1-24-01-14 of this chapter.