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
STANDARDS FOR FACILITIES OPERATING UNDER A STANDARDIZED PERMIT
Section 33.1-24-05-1011 - Use of manifest system

1. If a facility receives hazardous waste accompanied by a manifest, the owner or operator, or the owner's or operator's agent, shall:

2. If a facility receives, from a rail or water (bulk shipment) transporter, hazardous waste which is accompanied by a shipping paper containing all the information required on the manifest (excluding the identification numbers, generator's certification, and signatures), the owner or operator, or the owner's or operator's agent, shall:

3. Whenever a shipment of hazardous waste is initiated from a facility, the owner or operator of that facility must comply with the requirements of chapter 33.1-24-03. The department notes that the provisions of section 33.1-24-03-28 or 33.1-24-03-29 are applicable to the onsite accumulation of hazardous wastes by generators. Therefore, the provisions of section 33.1-24-03-28 or 33.1-24-03-29 only apply to owners or operators who are shipping hazardous waste which they generated at that facility.

4. As per paragraph 15 of subdivision b of subsection 4 of section 33.1-24-05-55, within three working days of the receipt of a shipment subject to sections 33.1-24-03-50 through 33.1-24-03-55, the owner or operator of a facility shall provide a copy of the movement document bearing all required signatures to the foreign exporter; to the competent authorities of the countries of export and transit that control the shipment as an export and transit of hazardous waste respectively; and on or after the electronic import export reporting compliance date, to the environmental protection agency electronically using the environmental protection agency's waste import export tracking system, or its successor system. The original copy of the movement document must be maintained at the facility for at least three years from the date of signature. The owner or operator of a facility may satisfy this recordkeeping requirement by retaining electronically submitted documents in the facility's account on the environmental protection agency's waste import export tracking system, or its successor system, provided that copies are readily available for viewing and production if requested by any environmental protection agency or authorized state inspector. No owner or operator of a facility may be held liable for the inability to produce the documents for inspection under this section if the owner or operator of a facility may be held liable for the inability to produce the document is due exclusively to technical difficulty with the environmental protection agency's waste import export tracking system or its successor system, for which the owner or operator of a facility bears no responsibility.