Residues of hazardous wastes in empty containers

1. Any hazardous waste remaining in either an empty container or an inner liner removed from an empty container, as defined in subsections 3, 4, and 5, is not subject to regulation under chapters 33.1-24-02 through 33.1-24-07 or to the notification requirements of section 33.1-24-03-03. 2. Any hazardous waste in either a container that is not empty or an inner liner removed from a container that is not empty, as defined in subsections 3, 4, and 5, is subject to regulation under chapters 33.1-24-02 through 33.1-24-07 and to the notification requirements of section 33.1-24-03-03. 3. A container or an inner liner removed from a container that has held any hazardous waste, except a waste that is a compressed gas or that is identified as an acute hazardous waste listed in section 33.1-24-02-16, or subsection 5 of section 33.1-24-02-18, is empty if: a. All wastes have been removed that can be removed using the practices commonly employed to remove materials from that type of container, for example, pouring, pumping, and aspirating; and b. One of the following: (1) No more than two and one-half centimeters [1 inch] of residue remain on the bottom of the container or inner liner; (2) No more than three percent by weight of the total capacity of the container remains in the container or inner liner if the container is less than or equal to one hundred nineteen gallons in size; or (3) No more than three-tenths of one percent by weight of the total capacity of the container remains in the container or inner liner if the container is greater than one hundred nineteen gallons in size. 4. A container that has held a hazardous waste that is a compressed gas is empty when the pressure in the container approaches atmospheric. 5. A container or an inner liner removed from a container that has held an acute hazardous waste listed in section 33.1-24-02-16 or subsection 5 of section 33.1-24-02-18 is empty if: a. The container or inner liner has been triple-rinsed using a solvent capable of removing the commercial chemical product or manufacturing chemical intermediate; b. The container or inner liner has been cleaned by another method that has been shown in the scientific literature or by tests conducted by the generator, to achieve equivalent removal; or c. In the case of a container, the inner liner that prevented contact of the commercial chemical product or manufacturing chemical intermediate with the container has been removed. 6. Containers of hazardous waste pharmaceuticals are subject to section 33.1-24-05-317 for determining when the containers are considered empty, in lieu of this section, except as provided by subsections 3 and 4 of section 33.1-24-05-317.