North Dakota Hazardous Waste Generators regulations & environmental compliance analysis

North Dakota Hazardous Waste Generators: What you need to know

Governing Law and Regulations

Generator requirements: North Dakota Administrative Code (NDAC) Article 33-24-02-05 and NDAC Article 33-24-03-01 to 33-24-03 Appendix I

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Land disposal restrictions: NDAC Article 33-24-05-250 to 33-24-05-290

Manifest distribution: NDAC Article 33-24-03-16

Biennial report: NDAC Article 33-24-03-14

Regulatory Agency

North Dakota Department of Health (DOH) Division of Waste Management

Comparison: State vs. Federal

· Rules. North Dakota follows the federal rules for generators of hazardous waste. It has additional state requirements in connection with distribution of manifest copies by large quantity generators (LQGs) and the submission of biennial reports by small quantity generators (SQGs).

· Administration and enforcement. DOH's Division of Waste Management administers and enforces the hazardous waste generator regulations in North Dakota.

State Requirements

MANIFEST DISTRIBUTION

NDAC Article 33-24-03-16

An LQG must send DOH two legible copies of the signed manifest or shipping paper. The first must be sent within 21 days of the date the manifest was first signed by the generator and transporter, and the second must be sent within 21 days of the date a signed copy was received from the designated facility or alternate facility.

BIENNIAL REPORT

NDAC Article 33-24-03-14

Unlike the federal rules, which exempt SQGs from the requirement to prepare and file a biennial report, SQGs in North Dakota, as well as LQGs, must prepare and file a biennial report. LQGs use the federal biennial report form, whereas SQGs must submit their report on a form provided by the state.


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