Current through Supplement No. 394, October, 2024
Provided that the very small quantity generator meets all the
conditions for exemption listed in this section, hazardous waste generated by
the very small quantity generator is not subject to the requirements of
chapters 33.1-24-03 through 33.1 24 07,
except section
33.1-24-03-01,
section
33.1-24-03-02,
subsection 2 of section
33.1-24-03-03,
and section 33.1-24-03-26, and the notification requirements of section
33.1-24-03-03
and the very small quantity generator may accumulate hazardous waste onsite
without complying with such requirements. The conditions for exemption are as
follows:
1. In a calendar month the
very small quantity generator generates less than or equal to the amounts
specified in the definition of "very small quantity generator" in section
33.1-24-01-04;
2. The very small quantity generator complies
with the hazardous waste determination requirements of section
33.1-24-03-02;
3. If the very small quantity generator
accumulates at any time greater than one kilogram [2.2 pounds] of acute
hazardous waste or one hundred kilograms [220 pounds] of any residue or
contaminated soil, water, or other debris resulting from the cleanup of a
spill, into or on any land or water, of any acute hazardous waste listed in
section
33.1-24-02-16
and subsection 5 of section
33.1-24-02-18,
all quantities of that acute hazardous waste are subject to the following
additional conditions for exemption:
a. Such
waste is held onsite for no more than ninety days beginning on the date when
the accumulated wastes exceed the amounts provided above; and
b. The conditions for exemption in section
33.1-24-03-29.
4. If the very small quantity generator
accumulates at any time one thousand kilograms [2,200 pounds] or greater of
nonacute hazardous waste, all quantities of that hazardous waste are subject to
the following additional conditions for exemption:
a. Such waste is held onsite for no more than
one hundred eighty days, or two hundred seventy days, if applicable, beginning
on the date when the accumulated waste exceed the amounts provided
above;
b. The quantity of waste
accumulated onsite never exceeds six thousand kilograms [13,200 pounds];
and
c. The conditions for exemption
in
33.1-24-03-28.
5. A very small quantity generator that
accumulates hazardous waste in amounts less than or equal to the limits in
subsections 3 and 4 must either treat or dispose of its hazardous waste in an
onsite facility or ensure delivery to an offsite treatment, storage, or
disposal facility, either of which, if located in the United States, is:
a. Permitted under
33.1-24-06, or in interim
status under section
33.1-24-06-16;
b. Authorized to manage hazardous waste by a
state with a hazardous waste management program approved under 40 CFR
271;
c. Permitted, licensed, or
registered by a state to manage municipal solid waste and, if managed in a
municipal solid waste landfill is subject to section 33.1-20-06.1;
d. Permitted, licensed, or registered by a
state to manage nonmunicipal nonhazardous waste and, if managed in a
nonmunicipal nonhazardous waste disposal unit, is subject to the requirements
in
40
CFR 257.5 through
257.30;
e. A facility which:
(1) Beneficially uses or reuses, or
legitimately recycles or reclaims its waste; or
(2) Treats its waste prior to beneficial use
or reuse, or legitimate recycling or reclamation.
f. For universal waste managed under sections
33.1-24-05-700 through
33.1-24-05-799, a
universal waste handler or destination facility subject to the requirements of
those sections;
g. A large quantity
generator under the control of the same person as the very small quantity
generator, provided the following conditions are met:
(1) The very small quantity generator and the
large quantity generator are under the control of the same person as defined in
section
33.1-24-01-04.
"Control," for the purposes of this section, means the power to direct the
policies of the generator, whether by the ownership of stock, voting rights, or
otherwise, except that contractors who operate generator facilities on behalf
of a different person as defined in section
33.1-24-01-04
shall not be deemed to "control" such generators.
(2) The very small quantity generator marks
its container of hazardous waste with:
(a)
The words "hazardous waste"; and
(b) An indication of the hazards of the
contents (examples include the applicable hazardous waste characteristic (i.e.,
ignitable, corrosive, reactive, toxic); hazard communication consistent with
the department of transportation requirements at 49 CFR part 172 subpart E
(labeling) or subpart F (placarding); a hazard statement or pictogram
consistent with the occupational safety and health administration hazard
communication standard at
29 CFR
1910.1200; or a chemical hazard label
consistent with the National Fire Protection Association Code
704);
h. For
airbag waste, an airbag waste collection facility or a designated facility
subject to the requirements of subsection 10 of section
33.1-24-02-04.
i. A reverse distributor, as defined in
section
33.1-24-05-310, if the
hazardous waste pharmaceutical is a potentially creditable hazardous waste
pharmaceutical generated by a health care facility, as defined in section
33.1-24-05-310.
j. A health care facility, as defined in
section
33.1-24-05-310, which
meets the conditions in subsection 12 of section
33.1-24-05-312 and
subsection 2 of section
33.1-24-05-313 as
applicable, to accept noncreditable hazardous waste pharmaceuticals from an
offsite health care facility that is a very small quantity
generator.
6. The
placement of bulk or noncontainerized liquid hazardous waste or hazardous waste
containing free liquids (whether or not sorbents have been added) in any
landfill is prohibited.
7. A very
small quantity generator experiencing an episodic event may generate and
accumulate hazardous waste in accordance with subsection 2 of section
33.1-24-03-34.
General Authority: NDCC 23.1-04-03
Law Implemented: NDCC 23.1-04-03, 23.1-04-05;
S.L. 2017, ch. 199, § 19
