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 33.1-24-05-319 - Shipping potentially creditable hazardous waste pharmaceuticals from a health care facility or a reverse distributor to a reverse distributor

1. Shipping potentially creditable hazardous waste pharmaceuticals. A health care facility or a reverse distributor who transports or offers for transport potentially creditable hazardous waste pharmaceuticals offsite to a reverse distributor must comply with all applicable United States department of transportation regulations title 49, Code of Federal Regulations, part 171 through 180 for any potentially creditable hazardous waste pharmaceutical that meets the definition of a hazardous material in title 49, Code of Federal Regulations, section 171.8. For purposes of the department of transportation regulations, a material is considered a hazardous waste if it is subject to the hazardous waste manifest requirements of sections 33.1-24-03-04 through 33.1-24-03-07. Because a potentially creditable hazardous waste pharmaceutical does not require a manifest, it is not considered a hazardous waste under department of transportation regulations.

2. Delivery confirmation. Upon receipt of each shipment of potentially creditable hazardous waste pharmaceuticals, the receiving reverse distributor must provide confirmation, paper or electronic, to the health care facility or reverse distributor that initiated the shipment that the shipment of potentially creditable hazardous waste pharmaceuticals has arrived at its destination and is under the custody and control of the reverse distributor.

3. Procedures for when delivery confirmation is not received within thirty-five days. If a health care facility or reverse distributor initiates a shipment of potentially creditable hazardous waste pharmaceuticals to a reverse distributor and does not receive delivery confirmation within thirty-five calendar days from the date that the shipment of potentially creditable hazardous waste pharmaceuticals was sent, the health care facility or reverse distributor that initiated the shipment shall contact the carrier and the intended recipient, i.e., the reverse distributor, promptly to report that the delivery confirmation was not received to determine the status of the potentially creditable hazardous waste pharmaceuticals.

4. Exporting potentially creditable hazardous waste pharmaceuticals. A health care facility or reverse distributor that sends potentially creditable hazardous waste pharmaceuticals to a foreign destination shall comply with the applicable sections 33.1-24-03-50 through 33.1-24-03-59, except the manifesting requirements of subsection 3 of section 33.1-24-03-53, in addition to subsections 1 through 3.

5. Importing potentially creditable hazardous waste pharmaceuticals. Any person that imports potentially creditable hazardous waste pharmaceuticals into the United States is subject to subsections 1 through 3 in lieu of sections 33.1-24-03-50 through 33.1-24-03-59. Immediately after the potentially creditable hazardous waste pharmaceuticals enter the United States, they are subject to all applicable requirements of sections 33.1-24-05-310 through 33.1-24-05-320.