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Document Citation:
N.D. Admin. Code 33-24-03-04
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:
33-24-03-04. General requirements of the manifest.
1. A generator who transports, or offers for transportation, hazardous waste for offsite treatment, storage, or disposal must prepare a uniform hazardous waste manifest, environmental protection agency form 8700-22, and if necessary, environmental protection agency form 8700-22a, according to instructions included in appendix I to this chapter.
2. A generator must designate on the manifest one facility which is permitted to handle the waste described on the manifest.
3. A generator may also designate on the manifest one alternate facility which is permitted to handle the generator's waste in the event an emergency prevents delivery of the waste to the primary designated facility.
4. If the transporter is unable to deliver the hazardous waste to the designated facility or the alternate facility, the generator must either designate another facility or instruct the transporter to return the waste.
5. The requirements of sections 33-24-03-04 through 33-24-03-07 do not apply to hazardous waste produced by generators of greater than one hundred kilograms but less than one thousand kilograms in a calendar month where:
a. The waste is reclaimed under a contractual agreement pursuant to which:
(1) The type of waste and frequency of shipments are specified in the agreement; and
(2) The vehicle used to transport the waste to the recycling facility and to deliver regenerated material back to the generator is owned and operated by the reclaimer of the waste; and
b. The generator maintains a copy of the reclamation agreement in the generator's files for a period of at least three years after termination or expiration of the agreement.
6. The requirements of sections 33-24-03-04 through 33-24-03-07 and subsection 2 of section 33-24-03-10 do not apply to the transport of hazardous wastes on a public or private right of way within or along the border of contiguous property under the control of the same person, even if such contiguous property is divided by a public or private right of way. Notwithstanding subsection 1 of section 33-24-04-01, the generator or transporter must comply with the requirements for transporters set forth in sections 33-24-04-07 and 33-24-04-08 in the event of a discharge of hazardous waste on a public or private right of way.
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