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
MISCELLANEOUS UNITS
Section 33.1-24-05-316 - Conditional exemptions for hazardous waste pharmaceuticals that are also controlled substances and household waste pharmaceuticals collected in a take back event or program
Universal Citation: ND Admin Code § 33.1-24-05-316
Current through Supplement No. 395, January, 2025
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.
General Authority: NDCC 23.1-04-03
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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