Purpose, scope, and applicability to land disposal restrictions

1. Sections 33.1-24-05-250 through 33.1-24-05-299 identify hazardous wastes that are restricted from land disposal and defines those limited circumstances under which an otherwise prohibited waste may continue to be land disposed. 2. Except as specifically provided otherwise in sections 33.1-24-05-250 through 33.1-24-05-299 or chapter 33.1-24-02, the requirements of sections 33.1-24-05-250 through 33.1-24-05-299 apply to persons who generate or transport hazardous waste and owners and operators of hazardous waste treatment, storage, and disposal facilities. 3. Restricted wastes may continue to be land disposed as follows: a. Where persons have been granted an extension from the effective date of a prohibition under sections 33.1-24-05-266 through 33.1-24-05-279 or pursuant to section 33.1-24-05-254, with respect to those wastes covered by the extension; b. Where persons have been granted an exemption from a prohibition pursuant to a petition under section 33.1-24-05-255, with respect to those wastes and units covered by the petition; c. Wastes that are hazardous only because they exhibit a hazardous characteristic, and which are otherwise prohibited under sections 33.1-24-05-250 through 33.1-24-05-299, or 40 CFR part 148, are not prohibited if the wastes: (1) Are disposed into a nonhazardous or hazardous injection well as defined in 40 CFR 144.6(a); and (2) Do not exhibit any prohibited characteristic of hazardous waste identified in sections 33.1-24-02-10 through 33.1-24-02-14 at the point of injection; or d. Wastes that are hazardous only because they exhibit a hazardous characteristic, and which are otherwise prohibited under sections 33.1-24-05-250 through 33.1-24-05-299, are not prohibited if the wastes meet any of the following criteria, unless the wastes are subject to a specified method of treatment other than deactivation to remove the hazardous characteristic in section 33.1-24-05-280, or are D003 reactive cyanide: (1) The wastes are managed in a treatment system which subsequently discharges to waters of the United States pursuant to a permit issued under section 402 of the Clean Water Act; (2) The wastes are treated for purposes of the pretreatment requirements of section 307 of the Clean Water Act; or (3) The wastes are managed in a zero discharge system engaged in Clean Water Act-equivalent treatment as defined in subsection 1 of section 33.1-24-05-277; and (4) The wastes no longer exhibit a prohibited characteristic at the point of land disposal (for example, placement in a surface impoundment). 4. The requirements of sections 33.1-24-05-250 through 33.1-24-05-299 do not affect the availability of a waiver under section 121(d)(4) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980. 5. The following hazardous wastes are not subject to any provision of sections 33.1-24-05-250 through 33.1-24-05-299: a. Waste generated by very small quantity generators as defined in section 33.1-24-01-04. b. Waste pesticides that a farmer disposes of pursuant to section 33.1-24-03-40. c. Wastes identified or listed as hazardous after November 8, 1984, for which the department has not promulgated land disposal prohibitions or treatment standards. d. De minimis losses of characteristic wastes to wastewaters are not considered to be prohibited wastes and are defined as losses from normal material handling operations (for example, spills from the unloading or transfer of materials from bins or other containers, leaks from pipes, valves, or other devices used to transfer materials); minor leaks of process equipment, storage tanks, or containers; leaks from well-maintained pump packings and seals; sample purgings; relief device discharges; discharges from safety showers and rinsing and cleaning of personal safety equipment; rinsate from empty containers or from containers that are rendered empty by that rinsing; and laboratory wastes not exceeding one percent of the total flow of wastewater into the facility's headworks on an annual basis, or with a combined annualized average concentration not exceeding one part per million in the headworks of the facility's wastewater treatment or pretreatment facility. 6. Universal waste handlers and universal waste transporters, as defined in section 33.1-24-01-04, are exempt from sections 33.1-24-05-256 and 33.1-24-05-290 for the wastes listed below. These handlers are subject to regulation under sections 33.1-24-05-700 through 33.1-24-05-799. a. Batteries as described in section 33.1-24-05-702; b. Pesticides as described in section 33.1-24-05-703; c. Mercury-containing equipment as described in section 33.1-24-05-704; d. Lamps as described in section 33.1-24-05-705; and e. Aerosol cans as described in section 33.1-24-05-706.