Header:
NORTH DAKOTA ADMINISTRATIVE CODE
TITLE 33. STATE DEPARTMENT OF HEALTH
ARTICLE 24. HAZARDOUS WASTE MANAGEMENT
CHAPTER 3. STANDARDS FOR GENERATORS
Date:
08/31/2009
Document:
33-24-03-12. Accumulation time.
1. Except as provided in subsections 4, 5, and 6, a generator may accumulate hazardous waste onsite for ninety days or less without a permit or without having interim status provided that:
a. The waste is placed:
(1) In containers and the generator complies with sections 33-24-05-89 through 33-24-05-102 and sections 33-24-05-400 through 33-24-05-474;
(2) In tanks and the generator complies with sections 33-24-05-103 through 33-24-05-115 and sections 33-24-05-400 through 33-24-05-474, except subsection 3 of section 33-24-05-110 and section 33-24-05-113;
(3) On drip pads and the generator complies with sections 33-24-05-501 through 33-24-05-524 and maintains the following records at the facility:
(a) A description of procedures that will be followed to ensure that all wastes are removed from the drip pad and associated collection system at least once every ninety days; and
(b) Documentation of each waste removal, including the quantity of waste removed from the drip pad and the sump or collection system and the date and time of removal; or
(4) In containment buildings and the generator complies with sections 33-24-05-475 through 33-24-05-500 and has placed its professional engineer certification that the building complies with the design standards specified in section 33-24-05-476 in the facility's operating record no later than sixty days after the date of initial operation of the unit. After February 18, 1993, professional engineer certification will be required prior to operation of the unit. The owner or operator shall maintain the following records at the facility:
(a) A written description of procedures to ensure that each waste volume remains in the unit for no more than ninety days, a written description of the waste generation and management practices for the facility showing that they are consistent with respecting the ninety-day limit, and documentation that the procedures are complied with; or
(b) Documentation that the unit is emptied at least once every ninety days.
In addition, such a generator is exempt from all the requirements in sections 33-24-05-59 through 33-24-05-88, except for sections 33-24-05-60 and 33-24-05-63;
b. The date upon which each period of accumulation begins is clearly marked and visible for inspection on each container;
c. While being accumulated onsite, each container and tank is properly labeled or marked with the words "Hazardous Waste"; and
d. The generator complies with the requirements for owners or operators in sections 33-24-05-15 through 33-24-05-36, with section 33-24-05-07, and with subdivision e of subsection 1 of section 33-24-05-256.
2. A generator who accumulates hazardous waste for more than ninety days is an operator of a storage facility and is subject to the requirements of chapter 33-24-05 and the permit requirements of chapter 33-24-06, unless the generator has been granted an extension to the ninety-day period. Such extension may be granted by the department if hazardous wastes must remain onsite for longer than ninety days due to unforeseen, temporary, and uncontrollable circumstances. An extension may be granted at the discretion of the department on a case-by-case basis.
3. A generator may accumulate as much as fifty-five gallons of hazardous waste or one quart of acutely hazardous waste listed in subsection 5 of section 33-24-02-18 in containers at or near any point of generation where wastes initially accumulate, which is under the control of the operator of the process generating the waste, without a permit or interim status and without complying with subsection 1 provided the operator:
a. Complies with sections 33-24-05-90, 33-24-05-91, and subsection 1 of section 33-24-05-92; and
b. Marks the operator's containers either with the words "Hazardous Waste" or with other words that identify the contents of the containers.
4. A generator who generates greater than one hundred kilograms but less than one thousand kilograms of hazardous waste in a calendar month may accumulate hazardous waste onsite for one hundred eighty days or less without a permit or without having interim status provided that:
a. The quantity of waste accumulated onsite never exceeds six thousand kilograms;
b. The generator complies with requirements of sections 33-24-05-89 through 33-24-05-102, except sections 33-24-05-95 and 33-24-05-98;
c. The generator complies with the requirements of section 33-24-05-114;
d. The generator complies with the requirements of subdivisions b and c of subsection 1, sections 33-24-05-12 through 33-24-05-21, and the requirements of subdivision e of subsection 1 of section 33-24-05-256; and
e. The generator complies with the following requirements:
(1) At all times there must be at least one employee either on the premises or on call (for example, available to respond to an emergency by reaching the facility within a short period of time) with the responsibility for coordinating all the emergency response measures specified in paragraph 4 of subdivision e of subsection 4. This employee is the emergency coordinator.
(2) The generator shall post the following information next to the telephone:
(a) The name and telephone number of the emergency coordinator;
(b) Location of fire extinguishers and spill control material and, if present, fire alarm; and
(c) The telephone number of the fire department, unless the facility has a direct alarm.
(3) The generator shall ensure that all employees are thoroughly familiar with proper waste handling and emergency procedures, relevant to their responsibilities during normal facility operations and emergencies;
(4) An emergency coordinator or emergency coordinator's designee shall respond to any emergency that arises. The applicable responses are as follows:
(a) In the event of a fire, call the fire department or attempt to extinguish it using a fire extinguisher;
(b) In the event of a spill, contain the flow of hazardous waste to the extent possible, and as soon as is practicable, clean up the hazardous waste and any contaminated materials or soil; and
(c) In the event of a fire, explosion, or other release which could threaten human health outside the facility, or when the generator has knowledge that a spill has reached surface water, the generator shall immediately notify the national response center using their twenty-four-hour toll-free number 1-800-424-8802. The report must include the following information:
1 The name, address, and identification number of the generator;
2 Date, time, and type of incident (for example, spill or fire);
3 Quantity and type of hazardous waste involved in the incident;
4 Extent of injuries, if any; and
5 Estimated quantity and disposition of recovered materials, if any.
5. A generator who generates greater than one hundred kilograms but less than one thousand kilograms of hazardous waste in a calendar month and who must transport the waste, or offer the waste for transportation, over a distance of two hundred miles or more for offsite treatment, storage, or disposal may accumulate hazardous waste onsite for two hundred seventy days or less without a permit or without having interim status provided the generator complies with the requirements of subsection 4.
6. A generator who generates greater than one hundred kilograms but less than one thousand kilograms of hazardous waste in a calendar month and who accumulates hazardous waste in quantities exceeding six thousand kilograms or accumulates hazardous waste for more than one hundred eighty days (or for more than two hundred seventy days if the generator shall transport the waste or offer the waste for transportation, over a distance of two hundred miles 321.87 kilometers or more) is an operator of a storage facility and is subject to the requirements of chapter 33-24-05 and the permit requirements of chapter 33-24-06 unless the generator has been granted an extension to one hundred eighty days (or two hundred seventy days if applicable). Such extension may be granted by the department if hazardous waste must remain onsite for longer than one hundred eighty days (or two hundred seventy days if applicable) due to unforeseen, temporary, and uncontrollable circumstances. An extension may be granted at the discretion of the department on a case-by-case basis.
7. A generator who generates one thousand kilograms or greater of hazardous waste per calendar month who also generates wastewater treatment sludges from electroplating operations that meet the listing description for the hazardous waste code F006, may accumulate F006 waste onsite for more than ninety days, but not more than one hundred eighty days without a permit or without having interim status provided that:
a. The generator has implemented pollution prevention practices that reduce the amount of any hazardous substances, pollutants, or contaminants entering F006 or otherwise released to the environment prior to its recycling;
b. The F006 waste is legitimately recycled through metals recovery;
c. No more than twenty thousand kilograms of F006 waste is accumulated onsite at any one time; and
d. The F006 waste is managed in accordance with the following:
(1) The F006 waste is placed:
(a) In containers and the generator complies with the applicable requirements of sections 33-24-05-89 through 33-24-05-102 and sections 33-24-05-400 through 33-24-05-474;
(b) In tanks and the generator complies with the applicable requirements of sections 33-24-05-103 through 33-24-05-117 and sections 33-24-05-400 through 33-24-05-474, except for subsection 3 of section 33-24-05-110 and section 33-24-05-113;
(c) In containment buildings and the generator complies with sections 33-24-05-475 through 33-24-05-500, and has placed its professional engineer certification that the building complies with the design standards specified in section 33-24-05-476 in the facility's operating record prior to operation of the unit. The owner or operator must maintain the following records at the facility:
1 A written description of procedures to ensure that the F006 waste remains in the unit for no more than one hundred eighty days, a written description of the waste generation and management practices for the facility showing that they are consistent with the one-hundred-eighty-day limit, and documentation that the generator is complying with the procedures; or
2 Documentation that the unit is emptied at least once every one hundred eighty days.
(d) Or any combination of subparagraphs a, b, and c, as applicable;
(2) In addition, such a generator is exempt from all the requirements in sections 33-24-05-59 through 33-24-05-88, except for sections 33-24-05-60 and 33-24-05-63;
(3) The date upon which each period of accumulation begins is clearly marked and visible for inspection on each container;
(4) While being accumulated onsite, each container and tank is labeled or marked clearly with the words, "Hazardous Waste"; and
(5 ) The generator complies with the requirements for owners or operators in sections 33-24-05-15 through 33-24-05-36, with section 33-24-05-07, and with subdivision e of subsection 1 of section 33-24-05-256.
8. A generator who generates one thousand kilograms or greater of hazardous waste per calendar month who also generates wastewater treatment sludges from electroplating operations that meet the listing description for the hazardous waste code F006, and who must transport this waste, or offer this waste for transportation, over a distance of two hundred miles 321.87 kilometers or more for offsite metals recovery, may accumulate F006 waste onsite for more than ninety days, but not more than two hundred seventy days without a permit or without having interim status if the generator complies with the requirements of subdivisions a through d of subsection 7.
9. A generator accumulating F006 waste in accordance with subsections 7 and 8 who accumulates F006 waste onsite for more than one hundred eighty days (or for more than two hundred seventy days if the generator must transport this waste, or offer this waste for transportation, over a distance of two hundred miles 321.87 kilometers or more), or who accumulates more than twenty thousand kilograms of F006 waste onsite is an operator of a storage facility and is subject to the requirements of sections 33-24-05-01 through 33-24-05-190, 33-24-05-300 through 33-24-05-524, and 33-24-05-550 through 33-24-05-599, and the permit requirements of chapter 33-24-06 unless the generator has been granted an extension to the one hundred eighty day (or two hundred seventy day if applicable) period or an exception to the twenty thousand kilogram accumulation limit. Such extensions and exceptions may be granted by the department if F006 waste must remain onsite for longer than one hundred eighty days (or two hundred seventy days if applicable) or if more than twenty thousand kilograms of F006 waste must remain onsite due to unforeseen, temporary, and uncontrollable circumstances. An extension of up to thirty days or an exception to the accumulation limit may be granted at the discretion of the department on a case-by-case basis.
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