North Dakota Hazardous Waste Storage regulations & environmental compliance analysis

North Dakota Hazardous Waste Storage: What you need to know

Governing Law and Regulations

Hazardous waste storage facility rules: North Dakota Administrative Code (NDAC) Article 33-24-05 and NDAC Article 33-24-06-16, Section 5 (interim status)

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

On-site storage rules for generators: NDAC Article 33-24-02-05 and NDAC Article 33-24-03-12

Tank standards for small quantity generators (SQGs): NDAC Article 33-24-05-114, Section 5

Regulatory Agency

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

Comparison: State vs. Federal

· Rules. North Dakota follows the federal hazardous waste storage rules, including those for on-site storage by generators. The state tank inspection rules for small quantity generators (SQGs), however, are more stringent than their federal counterparts.

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

State Requirements

ON-SITE STORAGE RULES FOR GENERATORS

SQG Tank Inspections

NDAC Article 33-24-05-114, Section 5

North Dakota has not adopted the federal provision that allows SQGs that accumulate hazardous waste in tanks or tank systems that have full secondary containment with leak detection equipment to decrease the requirement to inspect from “once each operating day” to “at least weekly.” Therefore, discharge control equipment, data from monitoring equipment, and the level of waste in the tank must be inspected once each operating day.


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