NDAC 33.1-24-03-15
Exception reporting
Cite as N.D. Admin. Code ยง 33.1-24-03-15
1.
A generator of one thousand kilograms or greater of hazardous waste in a calendar month, or
greater than one kilogram of acute hazardous waste listed in section 33.1-24-02-16 or
subsection 5 of section 33.1-24-02-18 in a calendar month, who does not receive a copy of
the manifest with the handwritten signature of the owner or operator of the designated facility
within thirty-five days of the date the waste was accepted by the initial transporter shall
contact the transporter or the owner or operator, or both, of the designated facility to
determine the status of the hazardous waste.
2.
A generator of one thousand kilograms or greater of hazardous waste in a calendar month, or
greater than one kilogram of acute hazardous waste listed in section 33.1-24-02-16 or
subsection 5 of section 33.1-24-02-18 in a calendar month, must submit an exception report to
the department if the generator has not received a copy of the manifest with the handwritten
signature of the owner or operator of the designated facility within forty-five days of the date
the waste was accepted by the initial transporter. The exception report must be submitted to
the department within sixty days of the date the waste was accepted by the initial transporter
and must include:
a.
A legible copy of the manifest for which the generator does not have confirmation of
delivery; and
b.
A cover letter signed by the generator or the generator's authorized representative
explaining the efforts taken to locate the hazardous waste and the results of those efforts.
3.
A generator of greater than one hundred kilograms but less than one thousand kilograms of
hazardous waste in a calendar month who does not receive a copy of the manifest with the
handwritten signature of the owner or operator of the designated facility within sixty days of
the date the waste was accepted by the initial transporter shall submit a legible copy of the
manifest, with some indication that the generator has not received confirmation of delivery, to
the department.
4.
For rejected shipments of hazardous waste or container residues contained in nonempty
containers that are forwarded to an alternate facility by a designated facility using a new
manifest (following the procedures of paragraphs a through f of subsection 5 of section
33.1-24-05-39), the generator must comply with the requirements of subsections 1 through 3,
as applicable, for the shipment forwarding the material from the designated facility to the
alternate facility instead of for the shipment from the generator to the designated facility. For
purposes of subsections 1 through 3 for a shipment forwarding such waste to an alternate
facility by a designated facility:
a.
The copy of the manifest received by the generator must have the handwritten signature
of the owner or operator of the alternate facility in place of the signature of the owner or
operator of the designated facility; and
b.
The thirty-five, forty-five, or sixty-day time frames begin the date the waste was accepted
by the initial transporter forwarding the hazardous waste shipment from the designated
facility to the alternate facility.