Special rules regarding wastes that exhibit a characteristic

1. The initial generator of a solid waste must determine each hazardous waste number (waste code) applicable to the waste in order to determine the applicable treatment standards under sections 33.1-24-05-280 through 33.1-24-05-289. This determination may be made concurrently with the hazardous waste determination required in section 33.1-24-03-02. For purposes of sections 33.1-24-05-250 through 33.1-24-05-299, the waste will carry the waste code for any applicable listed waste (sections 33.1-24-02-15 through 33.1-24-02-19). In addition, where the waste exhibits a characteristic, the waste will carry one or more of the characteristic waste codes (sections 33.1-24-02-10 through 33.1-24-02-14), except when the treatment standard for the listed waste operates in lieu of the treatment standard for the characteristic waste, as specified in subsection 2. If the generator determines that the generator's waste displays a hazardous characteristic (and is not D001 nonwastewaters treated by CMBST, RORGS, or POLYM of section 33.1-24-05-282, table 1), the generator must determine the underlying hazardous constituents (as defined at subsection 10 of section 33.1-24-05-251) in the characteristic waste. 2. Where a prohibited waste is both listed under sections 33.1-24-02-15 through 33.1-24-02-19 and exhibits a characteristic under sections 33.1-24-02-10 through 33.1-24-02-14, the treatment standard for the waste code listed in sections 33.1-24-02-15 through 33.1-24-02-19 will operate in lieu of the standard for the waste code under sections 33.1-24-02-10 through 33.1-24-02-14 provided that the treatment standard for the listed waste includes a treatment standard for the constituent that causes the waste to exhibit the characteristic. Otherwise, the waste must meet the treatment standards for all applicable listed and characteristic waste codes. 3. In addition to any applicable standards determined from the initial point of generation, no prohibited waste which exhibits a characteristic under sections 33.1-24-02-10 through 33.1-24-02-14 may be land disposed unless the waste complies with the treatment standards under sections 33.1-24-05-280 through 33.1-24-05-289. 4. Wastes that exhibit a characteristic are also subject to section 33.1-24-05-256 requirements, except that once the waste is no longer hazardous, a one-time notification and certification must be placed in the generator's or treater's onsite files. The notification and certification must be updated if the process or operation generating the waste changes or if the permitted nonhazardous facility receiving the waste changes, or both change. a. The notification must include the following information: (1) The name and address of the permitted nonhazardous facility receiving the waste shipment; and (2) A description of the waste as initially generated, including the applicable codes, treatability groups, and underlying hazardous constituents (as defined in subsection 10 of section 33.1-24-05-251), unless the waste will be treated and monitored for all underlying hazardous constituents. If all underlying hazardous constituents will be treated and monitored, there is no requirement to list any of the underlying hazardous constituents on the notice. b. The certification must be signed by an authorized representative and must state the language specified in subdivision d of subsection 2 of section 33.1-24-05-256. (1) If treatment removes the characteristic but does not meet standards applicable to underlying hazardous constituents, then the certification found in paragraph 4 of subdivision d of subsection 2 of section 33.1-24-05-256 applies. (2) [Reserved].