NDAC 33.1-24-05-251
Definitions applicable to sections 33.1-24-05-250 through 33.1-24-05-299
Cite as N.D. Admin. Code § 33.1-24-05-251
When used in sections 33.1-24-05-250 through 33.1-24-05-299, the following terms have the
meanings given below:
1.
"Debris" means solid material exceeding a sixty-millimeter particle size that is intended for
disposal and that is a manufactured object, plant or animal matter, or natural geologic
material. However, the following materials are not debris: any material for which a specific
treatment standard is provided in sections 33.1-24-05-280 through 33.1-24-05-289, namely
lead-acid batteries, cadmium batteries, and radioactive lead solids; process residuals such as
smelter slag and residues from the treatment of waste, wastewater, sludges, or air emission
residues; and intact containers of hazardous waste that are not ruptured and that retain at
least seventy-five percent of their original volume. A mixture of debris that has not been
treated to the standards provided by section 33.1-24-05-285 and other material is subject to
regulation as debris if the mixture is comprised primarily of debris, by volume, based on visual
inspection.
2.
"Halogenated organic compounds or HOCs" mean those compounds having a
carbon-halogen bond.
3.
"Hazardous constituent or constituents" means those constituents listed in appendix V to
chapter 33.1-24-02.
4.
"Hazardous debris" means debris that contains a hazardous waste listed in sections
33.1-24-02-15 through 33.1-24-02-19, or that exhibits a characteristic of hazardous waste
identified in sections 33.1-24-02-10 through 33.1-24-02-14. Any deliberate mixing of prohibited
hazardous waste with debris that changes its treatment classification (for example, from waste
to hazardous debris) is not allowed under the dilution prohibition in section 33.1-24-05-252.
5.
"Inorganic metal-bearing waste" is a waste for which the environmental protection agency has
established treatment standards for metal hazardous constituents, and which does not
otherwise contain significant organic or cyanide content as described in subdivision a of
subsection 3 of section 33.1-24-05-252, and is specifically listed in appendix XXIX of chapter
33.1-24-05.
6.
"Land disposal" means placement in or on the land, except in a corrective action management
unit or staging pile, and includes placement in a landfill, surface impoundment, waste pile,
injection well, land treatment facility, salt dome formation, salt bed formation, underground
mine or cave, or placement in a concrete vault, or bunker intended for disposal purposes.
7.
"Nonwastewaters" are wastes that do not meet the criteria for wastewaters in subsection 11.
8.
"Polychlorinated biphenyls or PCBs" are halogenated organic compounds defined in
accordance with 40 CFR 761.3.
9.
"Soil" means unconsolidated earth material composing the superficial geologic strata (material
overlying bedrock), consisting of clay, silt, sand, or gravel size particles as classified by the
United States natural resources conservation service, or a mixture of such materials with
liquids, sludges, or solids which is inseparable by simple mechanical removal processes and
is made up primarily of soil by volume based on visual inspection. Any deliberate mixing of
prohibited hazardous waste with soil that changes its treatment classification (for example,
from waste to contaminated soil) is not allowed under the dilution prohibition in section
33.1-24-05-252.
10.
"Underlying hazardous constituent" means any constituent listed in section 33.1-24-05-288,
table universal treatment standards, except fluoride, selenium, sulfides, vanadium, and zinc,
which can reasonably be expected to be present at the point of generation of the hazardous
waste, at a concentration above the constituent-specific universal treatment standards
treatment standard.
11.
"Wastewaters" are wastes that contain less than one percent by weight total organic carbon
and less than one percent by weight total suspended solids.