Conditional exemptions for hazardous waste pharmaceuticals that are also controlled substances and household waste pharmaceuticals collected in a take back event or program

1. Conditional exemptions. Provided the conditions of subsection 2 are met, the following are exempt from the requirements in chapters 33.1-24-02 through 33.1-24-07: a. Hazardous waste pharmaceuticals that are also listed on a schedule of controlled substances by the drug enforcement administration in title 21, Code of Federal Regulations, part 1308; and b. Household hazardous waste pharmaceuticals that are collected in a take back event or program, including those that are collected by an authorized collector, as defined by the drug enforcement administration, registered with the drug enforcement administration that commingles the household waste pharmaceuticals with controlled substances from an ultimate user, as defined by the drug enforcement administration. 2. Conditions for exemption. The hazardous waste pharmaceuticals must be: a. Managed in compliance with the sewer prohibition of section 33.1-24-05-315; b. Collected, stored, transported, and disposed of in compliance with all applicable drug enforcement administration regulations for controlled substances; and c. Destroyed by a method that the drug enforcement administration has publicly deemed in writing to meet their nonretrievable standard of destruction or combusted at one of the following: (1) A permitted large municipal waste combustor, subject to title 40, Code of Federal Regulations, part 62, subpart FFF or applicable state plan for existing large municipal waste combustors, or title 40, Code of Federal Regulations, part 60, subpart Eb for new large municipal waste combustors; (2) A permitted small municipal waste combustor, subject to title 40, Code of Federal Regulations, part 62, subpart JJJ or applicable state plan for existing small municipal waste combustors, or title 40, Code of Federal Regulations, part 60, subpart AAAA for new small municipal waste combustors; (3) A permitted hospital, medical, and infectious waste incinerator, subject to title 40, Code of Federal Regulations, part 62 subpart HHH or applicable state plan for existing hospital, medical, and infectious waste incinerators, or title 40, Code of Federal Regulations, part 60, subpart Ec for new hospital, medical, and infectious waste incinerators; (4) A permitted commercial and industrial solid waste incinerator, subject to title 40, Code of Federal Regulations, part 62, subpart III or applicable state plan for existing commercial and industrial solid waste incinerators, or title 40, Code of Federal Regulations, part 60, subpart CCCC for new commercial and industrial solid waste incinerators; or (5) A permitted hazardous waste combustor subject to title 40 Code of Federal Regulations, part 63, subpart EEE.