North Dakota Administrative Code
Title 33.1 - Department of Environmental Quality
Article 33.1-24 - Hazardous Waste Management
Chapter 33.1-24-03 - Standards for Generators
Section 33.1-24-03-34 - Alternative standards for episodic generation

a. "Episodic event" means an activity or activities, planned or unplanned, that does not normally occur during generator operations, resulting in an increase in the generation of hazardous waste that exceeds the calendar month quantity limits for the generator's usual category.

b. "Planned episodic event" means an episodic event the generator planned and prepared for, including regular maintenance, tank cleanouts, short-term projects, and removal of excess chemical inventory.

c. "Unplanned episodic event" means an episodic event the generator did not plan or reasonably did not expect to occur, including production process upsets, product recalls, accidental spills, or "acts of nature," such as tornado, hurricane, or flood.

a. The very small quantity generator is limited to one episodic event per calendar year, unless a petition is granted under subsection 4 of section 33.1-24-03-34.

b. The very small quantity generator shall notify the department no later than thirty calendar days prior to initiating a planned episodic event using a department-approved form. In the event of an unplanned episodic event, the generator shall notify the department within seventy-two hours of the unplanned event via phone, electronic mail, or fax and subsequently submit notification on an approved form. The generator shall include the start date and end date of the episodic event, the reason for the event, types, and estimated quantities of hazardous waste expected to be generated as a result of the episodic event, and shall identify a facility contact and emergency coordinator with twenty-four-hour telephone access to discuss the notification submittal or respond to an emergency in compliance with section 33.1-24-03-28.

c. The very small quantity generator shall have, or obtain, an identification number as defined in section 33.1-24-03-03.

d. A very small quantity generator is prohibited from accumulating hazardous waste generated from an episodic event on drip pads and in containment buildings. When accumulating hazardous waste in containers and tanks, the following conditions apply:

e. The very small quantity generator shall comply with the hazardous waste manifest provisions of sections 33.1-24-03-04 through 33.1-24-03-07 when it sends its episodic event hazardous waste off site to a designated facility.

f. The very small quantity generator has up to sixty calendar days from the start of the episodic event to manifest and send its hazardous waste generated from the episodic event to a designated facility.

g. Very small quantity generators shall maintain the following records for three years from the end date of the episodic event:

a. The small quantity generator is limited to one episodic event per calendar year unless a petition is granted under subsection 4 of section 33.1-24-03-34.

b. The small quantity generator shall notify the department no later than thirty calendar days prior to initiating a planned episodic event using a department-approved form. In the event of an unplanned episodic event, the generator shall notify the department within seventy-two hours of the unplanned event via phone, electronic mail, or fax and subsequently submit notification on an approved form. The generator shall include the start date and end date of the episodic event, the reason for the event, types and estimated quantities of hazardous waste expected to be generated as a result of the episodic event, and shall identify a facility contact and emergency coordinator with twenty-four-hour telephone access to discuss the notification submittal or respond to an emergency in compliance with subdivision a of subsection 9 of section 33.1-24-03-28.

c. The small quantity generator shall have, or obtain, an identification number as defined in section 33.1-24-03-03.

d. A small quantity generator is prohibited from accumulating hazardous wastes generated from an episodic event on drip pads and in containment buildings. When accumulating hazardous waste generated from an episodic event in containers and tanks, the following conditions apply:

e. The small quantity generator shall treat hazardous waste generated from an episodic event onsite or manifest and ship such hazardous waste off site to a designated facility within sixty calendar days from the start of an episodic event.

f. The small quantity generator shall maintain the following records for three years from the end date of the episodic event:

a. If a very small quantity or small quantity generator has already held a planned episodic event in a calendar year, the generator may petition for an additional unplanned episodic event in that calendar year within seventy-two hours of the unplanned event.

b. If a very small quantity or small quantity generator has already held an unplanned episodic event in a calendar year, the generator may petition for an additional planned episodic event in that calendar year.

c. The petition must include the following:

d. The petition must be made to the department in writing, either on paper or electronically.

e. The generator shall retain written approval in its records for three years from the date the episodic event ended.