Document Citation: N.D. Cent. Code, § 23-20.3-04

Header:
NORTH DAKOTA CENTURY CODE
TITLE 23 Health and Safety
CHAPTER 23-20.3 Hazardous Waste Management

Date:
08/31/2009

Document:

23-20.3-04. Hazardous waste regulations.

Pursuant to the requirements of chapter 28-32, the department shall, after notice and opportunity for public hearing and comment, promulgate and may revise as appropriate:

1. Regulations for determining whether any waste is hazardous.

2. Regulations which prescribe procedures for generators of hazardous waste.

3. Regulations for the issuance of permits for the storage, treatment, and disposal of hazardous waste in an environmentally sound manner, utilizing best scientific and engineering judgment.

4. Regulations providing procedures under which the department shall issue, renew, modify, suspend, revoke, or deny such permits as may be required by this chapter. The regulations must provide that no permit may be revoked until the department has provided the affected party with written notice of the intent of the department to revoke the permit and the reasons for such revocation and with an opportunity for a hearing.

5. Regulations for the location, design, construction, operation, and maintenance of treatment, storage, and disposal facilities.

6. Regulations for the transportation, containerization, and labeling of hazardous wastes, which must be consistent with those issued by the United States department of transportation and the North Dakota public service commission and the North Dakota department of transportation.

7. Regulations providing procedures and requirements for a manifest system.

8. Regulations which prescribe procedures and requirements for the following:

a. Recordkeeping.

b. Reporting.

c. Sampling.

d. Performing analysis.

e. Monitoring.

9. Regulations requiring that the owner or operator of any hazardous waste treatment, storage, or disposal facility demonstrate evidence of financial responsibility in such form and amount as the department may determine to be necessary to ensure that, upon abandonment, cessation, or interruption of the operation of the facility, all appropriate measures are taken to prevent present and future damage to human health and the environment.

10. Any other regulations necessary to carry out the purposes of this chapter.