NDAC 33.1-24-05-310

Reverse distributors are subject to regulation under sections 33.1-24-05-310 through 33.1-24-05-320 in lieu of sections 33.1-24-05-04 through 33.1-24-05-190, sections 33.1-24-05-321 through 33.1-24-05-524, sections

Last amended: 2021Year: 2026Length: 984 wordsOfficial source

Cite as N.D. Admin. Code § 33.1-24-05-310

33.1-24-05-550 through 33.1-24-05-559, and sections 33.1-24-05-800 through 33.1-24-05-802 for the accumulation of potentially creditable hazardous waste pharmaceuticals and evaluated hazardous waste pharmaceuticals. 7. The requirements of this chapter apply to owners or operators of all facilities which treat, store, or dispose of hazardous wastes referred to in sections 33.1-24-05-250 through 33.1-24-05-299. 8. Subsection 1 of section 33.1-24-05-09 applies only to facilities subject to regulation under sections 33.1-24-05-89 through 33.1-24-05-190 and sections 33.1-24-05-300 through 33.1-24-05-309. 9. Section 33.1-24-05-825 identifies when the requirements of this chapter apply to the storage of military munitions classified as solid waste under section 33.1-24-05-822. The treatment and disposal of hazardous waste military munitions are subject to the applicable permitting, procedural, and technical standards in article 33.1-24. 10. The requirements of sections 33.1-24-05-02 through 33.1-24-05-36 and section 33.1-24-05-58 do not apply to remediation waste management sites. (However, some remediation waste management sites may be a part of a facility that is subject to a traditional hazardous waste permit because the facility is also treating, storing, or disposing of hazardous wastes that are not remediation wastes. In these cases, sections 33.1-24-05-02 through 33.1-24-05-36 and section 33.1-24-05-58 do apply to the facility subject to the traditional hazardous waste permit.) Instead of the requirements of sections 33.1-24-05-02 through 33.1-24-05-36, owners or operators of remediation waste management sites must: a. Obtain an identification number by applying to the department using environmental protection agency form 8700-12, or equivalent state form; b. Obtain a detailed chemical and physical analysis of a representative sample of the hazardous remediation wastes to be managed at the site. At a minimum, the analysis must contain all of the information which must be known to treat, store, or dispose of the waste according to chapter 33.1-24-05, and must be kept accurate and up to date; c. Prevent people who are unaware of the danger from entering, and minimize the possibility for unauthorized people or livestock to enter onto the active portion of the remediation waste management site, unless the owner or operator can demonstrate to the department that: (1) Physical contact with the waste, structures, or equipment within the active portion of the remediation waste management site will not injure people or livestock who may enter the active portion of the remediation waste management site; and (2) Disturbance of the waste or equipment by people or livestock who enter onto the active portion of the remediation waste management site will not cause a violation of the requirements of this article; d. Inspect the remediation waste management site for malfunctions, deterioration, operator errors, and discharges that may be causing, or may lead to, a release of hazardous waste constituents to the environment, or a threat to human health. The owner or operator must conduct these inspections often enough to identify problems in time to correct them before they harm human health or the environment, and must remedy the problem before it leads to a human health or environmental hazard. If a hazard is imminent or has already occurred, the owner or operator must take remedial action immediately; e. Provide personnel with classroom or on-the-job training on how to perform their duties in a way that ensures the remediation waste management site complies with the requirements of sections 33.1-24-05-01 through 33.1-24-05-190, 3-24-05-300 through 33.1-24-05-524, 33.1-24-05-550 through 33.1-24-05-559, and 33.1-24-05-800 through 33.1-24-05-819, and on how to respond effectively to emergencies; f. Take precautions to prevent accidental ignition or reaction of ignitable or reactive waste, and prevent threats to human health and the environment from ignitable, reactive, and incompatible waste; g. For remediation waste management sites subject to regulation under sections 33.1-24-05-89 through 33.1-24-05-190 and sections 33.1-24-05-300 through 33.1-24-05-309, the owner or operator must design, construct, operate, and maintain a unit within a one hundred-year floodplain to prevent washout of any hazardous waste by a one hundred-year flood, unless the owner or operator can meet the demonstration of subsection 1 of section 33.1-24-05-09; h. Not place any noncontainerized or bulk liquid hazardous waste in any salt dome formation, salt bed formation, or underground mine or cave; i. Develop and maintain a construction quality assurance program for all surface impoundments, waste piles, and landfill units that are required to comply with subsections 3 and 4 of section 33.1-24-05-119, subsections 2 and 3 of section 33.1-24-05-131, and subsections 3 and 4 of section 33.1-24-05-177 at the remediation waste management site, according to the requirements of section 33.1-24-05-10; j. Develop and maintain procedures to prevent accidents and a contingency and emergency plan to control accidents that occur. These procedures must address proper design, construction, maintenance, and operation of remediation waste management units at the site. The goal of the plan must be to minimize the possibility of, and the hazards from a fire, explosion, or any unplanned sudden or nonsudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water that could threaten human health or the environment. The plan must explain specifically how to treat, store, and dispose of the hazardous remediation waste in question, and must be implemented immediately whenever a fire, explosion, or release of hazardous waste or hazardous waste constituents which could threaten human health or the environment; k. Designate at least one employee, either on the facility premises or on call (that is, available to respond to an emergency by reaching the facility quickly), to coordinate all emergency response measures. This emergency coordinator must be thoroughly familiar with all aspects of the facility's contingency plan, all operations and activities at the facility, the location and characteristics of waste handled, the location of all records within the facility, and the facility layout. In addition, this person must have the authority to commit the resources needed to carry out the contingency plan; l. Develop, maintain, and implement a plan to meet the requirements in subdivisions b through f, i, and j; and m. Maintain records documenting compliance with subdivisions a through l.
NDAC 33.1-24-05-310: Reverse distributors are subject to regulation under sections 33.1-24-05-310 through 33.1-24-05-320 in lieu of sections 33.1-24-05-04 through 33.1-24-05-190, sections 33.1-24-05-321 through 33.1-24-05-524, sections | Justis AI