Purpose, scope, and applicability

1. The purpose of this chapter is to establish minimum standards which define the acceptable management of hazardous waste. 2. The standards in this chapter apply to owners and operators of all facilities which treat, store, or dispose of hazardous waste, except as specifically provided otherwise in this chapter or chapter 33.1-24-02. 3. The requirements of this chapter apply to a person disposing of hazardous waste by means of underground injection subject to a permit issued under an underground injection control program approved or promulgated under the Safe Drinking Water Act only to the extent they are required by chapter 33.1-24-06. 4. The requirements of this chapter apply to the owner or operator of a publicly owned treatment works which treats, stores, or disposes of hazardous waste only to the extent they are included in a hazardous waste permit by rule granted to such a person under chapter 33.1-24-06. 5. The requirements of this chapter apply to recyclable materials used in a manner constituting disposal, hazardous waste burned for energy recovery, recyclable materials utilized for precious metal recovery, and spent lead acid batteries being reclaimed. 6. The requirements of this chapter do not apply to: a. The owner or operator of a facility permitted, licensed, or registered by the department to manage municipal or industrial solid waste, if the only hazardous waste the facility treats, stores, or disposes of is excluded from regulation under section 33.1-24-03-26. b. The owner or operator of a facility managing recyclable materials described in subdivisions b, c, and d of subsection 1 of section 33.1-24-02-06 (except to the extent they are referred to in sections 33.1-24-05-600 through 33.1-24-05-689 or sections 33.1-24-05-201 through 33.1-24-05-209, sections 33.1-24-05-230 through 33.1-24-05-249, or sections 33.1-24-05-525 through 33.1-24-05-549). c. A generator accumulating waste onsite in compliance with sections 33.1-24-03-26 through 33.1-24-03-29. d. A farmer disposing of pesticide containers from the farmer's own use in compliance with section 33.1-24-03-40. e. The owner or operator of a totally enclosed treatment facility, as defined in section 33.1-24-01-04. f. The owner or operator of an elementary neutralization unit or a wastewater treatment unit as defined in section 33.1-24-01-04, provided that if the owner or operator is diluting hazardous ignitable (D001) wastes (other than the D001 high total organic carbon subcategory defined in section 33.1-24-05-280, table treatment standards for hazardous wastes, or reactive (D003) waste, to remove the characteristic before land disposal, the owner or operator must comply with the requirements set out in subsection 2 of section 33.1-24-05-08). g. Immediate response activities. (1) Except as provided in paragraph 2, a person engaged in treatment or containment activities during immediate response to any of the following situations: (a) A discharge of hazardous waste. (b) An imminent and substantial threat of a discharge of hazardous waste. (c) A discharge of material which, when discharged, becomes a hazardous waste. (d) An immediate threat to human health, public safety, property, or the environment, from the known or suspected presence of military munitions, other explosive material, or an explosive device, as determined by an explosive or munitions emergency response specialist as defined in section 33.1-24-01-04. (2) An owner or operator of a facility otherwise regulated by this chapter shall comply with all applicable requirements of sections 33.1-24-05-15 through 33.1-24-05-36. (3) Any person who is covered by paragraph 1 and continues or initiates hazardous waste treatment or containment activities after the immediate response is over is subject to all applicable requirements of this chapter and chapters 33.1-24-06 and 33.1-24-07. (4) In the case of an explosives or munitions emergency response, if a federal, state, tribal, or local official acting within the scope of that person's official responsibilities, or an explosives or munitions emergency response specialist, determines that immediate removal of the material or waste is necessary to protect human health or the environment, that official or specialist may authorize the removal of the material or waste by transporters who do not have identification numbers and without the preparation of a manifest. In the case of emergencies involving military munitions, the responding military emergency response specialist's organizational unit must retain records for three years identifying the dates of the response, the responsible persons responding, the type and description of material addressed, and its disposition. h. A transporter storing manifested shipments of hazardous waste in containers meeting the requirements of section 33.1-24-03-08 at a transfer facility for a period of ten days or less. i. The addition of absorbent material to waste in a container (as defined in section 33.1-24-01-04) or the addition of waste to absorbent material in a container provided that these actions occur at the time waste is first placed in a container and subsection 2 of section 33.1-24-05-08 and sections 33.1-24-05-90 and 33.1-24-05-91 are complied with. j. Universal waste handlers and universal waste transporters (as defined in section 33.1-24-01-04) handling the wastes listed below. These handlers are subject to regulation under sections 33.1-24-05-700 through 33.1-24-05-799, when handling the below-listed universal wastes: (1) Batteries as described in section 33.1-24-05-702; (2) Pesticides as described in section 33.1-24-05-703; (3) Mercury-containing equipment as described in section 33.1-24-05-704; (4) Lamps as described in section 33.1-24-05-705; and (5) Aerosol cans as described in section 33.1-24-05-706. k. Reverse distributors accumulating potentially creditable hazardous waste pharmaceuticals and evaluated hazardous waste pharmaceuticals, as defined in section