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
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.