North Dakota Administrative Code
Title 33.1 - Department of Environmental Quality
Article 33.1-24 - Hazardous Waste Management
Chapter 33.1-24-04 - Standards for Transporters
Section 33.1-24-04-07 - Immediate action

Current through Supplement No. 394, October, 2024

1. In the event of a discharge of hazardous waste during transportation, the transporter must take appropriate immediate action to protect human health and the environment, e.g., notify local authorities and dike the discharge area.

2. If a discharge of hazardous waste occurs during transportation and an official of a state or local government or a federal agency, acting within the scope of official responsibilities, determines that immediate removal of the waste is necessary to protect human health or the environment, that official may authorize the removal of the waste by transporters who do not have identification numbers and without the preparation of a manifest.

3. An air, rail, highway, or water transporter who has discharged hazardous waste must:

a. Give notice, if required by 49 CFR 171.15 to the national response center (800-424-8802 or 202-426-2675); and

b. Report in writing as required by 49 CFR 171.16 to the director, office of hazardous materials regulations, materials transportation bureau, department of transportation, Washington, D.C. 20590.

4. A water (bulk shipment) transporter who has discharged hazardous waste must give the same notice as required by 33 CFR 153.203 for oil and hazardous substances.

General Authority: NDCC 23.1-04-03; S.L. 2017, ch. 199, § 1

Law Implemented: NDCC 23.1-04-03, 23.1-04-05; S.L. 2017, ch. 199, § 19

Disclaimer: These regulations may not be the most recent version. North Dakota may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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