NDAC 33.1-24-05-235
Applicability and requirements of spent lead-acid batteries being reclaimed
Cite as N.D. Admin. Code § 33.1-24-05-235
1.
For a facility that generates, collects, transports, stores, or regenerates lead-acid batteries for
reclamation purposes, the facility may be exempt from certain hazardous waste management
requirements. Use the following table to determine which requirements apply. Alternatively, a
generator may choose to manage spent lead-acid batteries under the universal waste rules in
sections 33.1-24-05-700 through 33.1-24-05-799.
If the batteries:
And if you:
Then you:
And you:
(1) Will be reclaimed
through regeneration
(such as by
electrolyte
replacement).
Are exempt from
chapters 33.1-24-03
(except for section
33.1-24-03-02),
33.1-24-04,
33.1-24-06, and
33.1-24-07 and
sections 33.1-24-05-01
through
33.1-24-05-599 and
33.1-24-05-800
through
Are subject to chapter
33.1-24-02 and
section
33.1-24-03-02.
33.1-24-05-929, and
the notification
requirements of
section 33.1-24-03-03.
(2) Will be reclaimed
other than through
regeneration.
Generate, collect, or
transport, or any
combination of the
above, these
batteries.
Are exempt from
chapters 33.1-24-03
(except for section
33.1-24-03-02),
33.1-24-04,
33.1-24-06, and
33.1-24-07 and
sections 33.1-24-05-01
through
33.1-24-05-249,
33.1-24-05-300
through
33.1-24-05-599, and
33.1-24-05-800
through
33.1-24-05-929, and
the notification
requirements of
section 33.1-24-03-03.
Are subject to chapter
33.1-24-02 and
section
33.1-24-03-02, and
the applicable
provisions of sections
33.1-24-05-250
through
33.1-24-05-299.
(3) Will be reclaimed
other than through
regeneration.
Store these batteries
but are not the
reclaimer.
Are exempt from
chapters 33.1-24-03
(except for section
33.1-24-03-02),
33.1-24-04,
33.1-24-06, and
33.1-24-07 and
sections 33.1-24-05-01
through
33.1-24-05-249,
33.1-24-05-300
through
33.1-24-05-599, and
33.1-24-05-800
through
33.1-24-05-929, and
the notification
requirements of
section 33.1-24-03-03.
Are subject to chapter
33.1-24-02 and
section
33.1-24-03-02, and
the applicable
provisions of sections
33.1-24-05-250
through
33.1-24-05-299.
(4) Will be reclaimed
other than through
regeneration.
Store these batteries
before you reclaim
them.
Must comply with
subsection 2 of section
33.1-24-05-235 and,
as appropriate, other
regulatory provisions in
subsection 2 of section
33.1-24-06-235.
Are subject to chapter
33.1-24-02 and
section
33.1-24-03-02, and
the applicable
provisions of sections
33.1-24-05-250
through
33.1-24-05-299.
(5) Will be reclaimed
Do not store these
Are exempt from
Are subject to chapter
other than through
regeneration.
batteries before you
reclaim them.
chapters 33.1-24-03
(except for section
33.1-24-03-02),
33.1-24-04,
33.1-24-06, and
33.1-24-07 and
sections 33.1-24-05-01
through
33.1-24-05-249,
33.1-24-05-300
through
33.1-24-05-599, and
33.1-24-05-800
through
33.1-24-05-929, and
the notification
requirements of
section 33.1-24-03-03.
33.1-24-02 and
section
33.1-24-03-02, and
the applicable
provisions of sections
33.1-24-05-250
through
33.1-24-05-299.
(6) Will be reclaimed
through regeneration
or any other means.
Export these
batteries for
reclamation in a
foreign country.
Are exempt from
chapter 33.1-24-03
(except for
33.1-24-03-02,
33.1-24-03-03,
33.1-24-03-14, and
33.1-24-03-50 through
33.1-24-03-59),
chapter 33.1-24-04,
sections 33.1-24-05-01
through
33.1-24-05-559 and
33.1-24-05-800
through
33.1-24-05-929,
chapter 33.1-24-06,
chapter 33.1-24-07
and the notification
requirements at
section 3010 of
Resource
Conservation and
Recovery Act.
Are subject to chapter
33.1-24-02, section
33.1-24-03-02, and
sections
33.1-24-03-50
through
33.1-24-03-55.
(7) Will be reclaimed
through regeneration
or any other means.
Transport these
batteries in the
United States to
export them for
reclamation in a
foreign country.
Are exempt from
chapters 33.1-24-04,
33.1-24-05,
33.1-24-06, and
33.1-24-07, and the
notification
requirements at
section 3010 of
Resource
Conservation and
Recovery Act.
Must comply with
applicable
requirements in
sections
33.1-24-03-50
through
33.1-24-03-55.
(8) Will be reclaimed
other than through
regeneration.
Import these
batteries from a
foreign country and
store these batteries,
but you aren't the
reclaimer.
Are exempt from
chapters 33.1-24-03
(except for sections
33.1-24-03-02,
33.1-24-03-03, and
33.1-24-03-50 through
33.1-24-03-55),
33.1-24-04, sections
33.1-24-05-01 through
33.1-24-05-209,
33.1-24-05-230
through
33.1-24-05-249,
33.1-24-05-300
through 309,
33.1-24-05-400
through
33.1-24-05-559,
33.1-24-05-800
through
33.1-24-05-929,
chapter 33.1-24-06,
chapter 33.1-24-07,
and the notification
requirements at
section 3010 of
Resource
Conservation and
Recovery Act.
Are subject to chapter
33.1-24-02, sections
33.1-24-03-02 and
33.1-24-03-03,
33.1-24-03-50
through
33.1-24-03-55, and
applicable provisions
under sections
33.1-24-05-250
through
33.1-24-05-299.
(9) Will be reclaimed
other than through
regeneration.
Import these
batteries from a
foreign country, and
store these batteries
before you reclaim
them.
Must comply with
subsection 2 of section
33.1-24-05-235 and as
appropriate other
regulatory provisions
described in
subsection 2 of section
33.1-24-05-235.
Are subject to chapter
33.1-24-02, sections
33.1-24-03-02 and
33.1-24-03-03,
33.1-24-03-50
through
33.1-24-03-55, and
applicable provisions
under sections
33.1-24-05-250
through
33.1-24-05-299.
(10) Will be reclaimed
other than through
regeneration.
Import these
batteries from a
foreign country and
don't store these
batteries before you
reclaim them.
Are exempt from
chapters 33.1-24-03
(except for sections
33.1-24-03-02,
33.1-24-03-03, and
33.1-24-03-50 through
33.1-24-03-55),
33.1-24-04, sections
33.1-24-05-01 through
33.1-24-05-209,
33.1-24-05-230
through
Are subject to chapter
33.1-24-03-02,
sections
33.1-24-03-02 and
33.1-24-03-03,
33.1-24-03-50
through
33.1-24-03-55, and
applicable provisions
under sections
33.1-24-05-250
through
33.1-24-05-249,
33.1-24-05-300
through 309,
33.1-24-05-400
through
33.1-24-05-559,
33.1-24-05-800
through
33.1-24-05-929,
chapter 33.1-24-06,
chapter 33.1-24-07,
and the notification
requirements at
section 3010 of
Resource
Conservation and
Recovery Act.
33.1-24-05-299.
2.
For a facility that stores spent lead-acid batteries before reclamation, but not through
regeneration, the facility is subject to the following requirements:
a.
Notification under section 33.1-24-03-03.
b.
All applicable provisions in sections 33.1-24-05-01 through 33.1-24-05-143, and sections
33.1-24-05-950 through 33.1-24-05-1149, except sections 33.1-24-05-04, 33.1-24-05-38,
and 33.1-24-05-39.
c.
All applicable regulations in chapters 33.1-24-06 and 33.1-24-07.