North Dakota Administrative Code
Title 33.1 - Department of Environmental Quality
Article 33.1-24 - Hazardous Waste Management
Chapter 33.1-24-05 - Standards for Treatment, Storage, and Disposal Facilities and for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities
LAND DISPOSAL RESTRICTIONS
Section 33.1-24-05-275 - Waste specific prohibitions - Petroleum refining wastes

Current through Supplement No. 394, October, 2024

1. Effective February 8, 1999, the wastes specified in chapter 33.1-24-02 as hazardous waste numbers K169, K170, K171, and K172, soils and debris contaminated with these wastes, radioactive wastes mixed with these hazardous wastes, and soils and debris contaminated with these radioactive mixed wastes, are prohibited from land disposal.

2. The requirements of subsection 1 do not apply if:

a. The wastes meet the applicable treatment standards specified in sections 33.1-24-05-280 through 33.1-24-05-289;

b. Persons have been granted an exemption from a prohibition pursuant to a petition under section 33.1-24-05-255, with respect to those wastes and units covered by the petition;

c. The wastes meet the applicable treatment standards established pursuant to a petition granted under section 33.1-24-05-284;

d. Hazardous debris that has met treatment standards in section 33.1-24-05-280 or in the alternative treatment standards in section 33.1-24-05-285; or

e. Persons have been granted an extension to the effective date of a prohibition pursuant to section 33.1-24-05-254, with respect to these wastes covered by the extension.

3. To determine whether a hazardous waste identified in this section exceeds the applicable treatment standards specified in section 33.1-24-05-280, the initial generator must test a sample of the waste extract or the entire waste, depending on whether the treatment standards are expressed as concentrations in the waste extract or the waste, or the generator may use knowledge of the waste. If the waste contains constituents in excess of the applicable universal treatment standard levels of section 33.1-24-05-288, the waste is prohibited from land disposal, and all requirements of sections 33.1-24-05-250 through 33.1-24-05-299 are applicable, except as otherwise specified.

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

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