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NORTH DAKOTA ADMINISTRATIVE CODE
TITLE 33. STATE DEPARTMENT OF HEALTH
ARTICLE 20. SOLID WASTE MANAGEMENT AND LAND PROTECTION
CHAPTER 2.1. PERMIT PROVISIONS AND PROCEDURES
Date:
08/31/2009
Document:
33-20-02.1-01. Solid waste management permit required.
Every person who treats or transports solid waste or operates a solid waste management unit or facility is required to have a valid permit issued by the department, unless the activity is an emergency, exemption, or exception as provided in this section.
1. If the department determines an emergency exists, it may issue an order citing the existence of such emergency and require that certain actions be taken as necessary to meet the emergency in accordance with the provisions of North Dakota Century Code section 23-29-10.
2. A solid waste management permit is not required for the following activities or facilities:
a. Backyard composting of leaves, grass clippings, or wood chips;
b. A collection point for parking lot or street sweepings;
c. Collection sites for wastes collected and received in sealed plastic bags from such activities as periodic cleanup campaigns for cities, rights of way, or roadside parks;
d. Places which receive one or more recyclable materials, excluding garbage, for storage or for processing after which the material is transported for resource recovery, disposal, or storage;
e. Onsite incinerators used by hospitals, clinics, laboratories, or other similar facilities solely for incineration of commercial waste or infectious waste generated onsite;
f. Rock and dirt fills that receive any combination of rock, dirt, or sand; and
g. Surface impoundments for storage, handling, and disposal of oil and gas exploration and production wastes on a lease or area permitted through the North Dakota industrial commission under North Dakota Century Code section 38-08-04.
h. The disposal into the mine spoils of the following wastes generated in the mining operation:
(1) Rock, boulders, and dirt; and
(2) Trees and brush.
i. The disposal of the following mining operation wastes into areas designated in a surface coal mining permit issued by the North Dakota public service commission for such disposal:
(1) Inert waste from inspected farmsteads;
(2) Wood materials including pallets, lumber, lathe, cablespools, and fenceposts;
(3) Brick, concrete block, and cured concrete; and
(4) Plastic material and pipe.
3. A permit for the transportation of solid waste is not required by persons who:
a. Transport solely their own waste to a solid waste management unit or facility;
b. Transport waste entirely within a facility regulated under this article or entirely on their property; or
c. Transport a recyclable material other than used oil or scrap tires.
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