NDAC 33.1-24-04-01
Scope
Cite as N.D. Admin. Code ยง 33.1-24-04-01
1.
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.