Document Citation: N.D. Admin. Code 33-24-05-31

Header:
NORTH DAKOTA ADMINISTRATIVE CODE
TITLE 33. STATE DEPARTMENT OF HEALTH
ARTICLE 24. HAZARDOUS WASTE MANAGEMENT
CHAPTER 5. STANDARDS FOR TREATMENT, STORAGE, AND DISPOSAL FACILITIES AND FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TY

Date:
08/31/2009

Document:

33-24-05-31. Emergency procedures.

1. When there is an imminent or actual emergency situation, the emergency coordinator, or the coordinator's designee when the emergency coordinator is on call, shall immediately:

a. Activate internal facility alarms or communication systems, where applicable, to notify all facility personnel.

b. Notify appropriate state or local agencies with designated response roles if their help is needed.

2. When there is a release, fire, or explosion, the emergency coordinator shall immediately identify the character, exact source, amount, and areal extent of any released materials. The emergency coordinator may do this by observation or review of facility records or manifests and, if necessary, by chemical analysis.

3. Concurrently, the emergency coordinator shall assess possible hazards to human health or the environment that may result from the release, fire, or explosion. This assessment must consider both direct and indirect effects of the release, fire, or explosion, for example, the effects of any toxic irritating, or asphyxiating gases that are generated, or the effects of any hazardous surface water runoffs from water or chemical agents used to control fire and heat-induced explosions.

4. If the emergency coordinator determines that the facility has had a release, fire, or explosion which could threaten human health or the environment outside the facility, the emergency coordinator shall report the coordinator's findings as follows:

a. If the coordinator's assessment indicates that evacuation of local areas may be advisable, the coordinator shall immediately notify appropriate local authorities. The coordinator shall be available to help appropriate officials decide whether local areas should be evacuated.

b. The coordinator shall immediately notify either the government official designated as the on-scene coordinator for that geographical area or the national response center (using their twenty-four-hour toll-free number 800-424-8802). The report must include:

(1) Name and telephone number of reporter.

(2) Name and address of facility.

(3) Time and type of incident, for example, release, fire.

(4) Name and quantity of materials involved, to the extent known.

(5) The extent of injuries, if any.

(6) The possible hazard to human health or the environment, outside the facility.

5. During an emergency, the emergency coordinator shall take all reasonable measures to ensure that fires, explosions, and releases do not occur, recur, or spread to other hazardous waste at the facility. These measures must include, where applicable, stopping processes and operations, collecting and containing released waste, and removing or isolating containers.

6. If the facility stops operations in response to a fire, an explosion or release, the emergency coordinator shall monitor for leaks, pressure buildup, gas generation, or ruptures in valves, pipes, or other equipment, wherever this is appropriate.

7. Immediately after an emergency, the emergency coordinator shall provide for treating, storing, or disposing of recovered waste, contaminated soil or surface water, or any other material that results from a release, fire, or explosion at the facility.

8. The emergency coordinator shall ensure that, in the affected areas of the facility:

a. No waste that may be incompatible with the released material is treated, stored, or disposed of until cleanup procedures are completed; and

b. All emergency equipment listed in the contingency plan is cleaned and fit for its intended use before operations are resumed.

9. The owner or operator shall notify the department and other appropriate state and local authorities, that the facility is in compliance with subsection 8 before operations are resumed in the affected areas of the facility.

10. The owner or operator shall note in the operating record the time, date, and details of any incident that requires implementing the contingency plan. Within fifteen days after the incident, the owner or operator must submit a written report on the incident to the department. The report must include:

a. Name, address, and telephone number of the owner or operator.

b. Name, address, and telephone number of the facility.

c. Date, time, and type of incident, for example, fire, explosion.

d. Name and quantity of materials involved.

e. The extent of injuries, if any.

f. An assessment of actual or potential hazards to human health or the environment, where this is applicable.

g. Estimated quantity and disposition of recovered material that resulted from the incident.