The North Dakota Hazardous Waste Management Act, specifically as it aligns with the federal Resource Conservation and Recovery Act (RCRA), establishes a cradle-to-grave system for managing hazardous waste. This system includes stringent requirements for generators, transporters, and treatment, storage, and disposal facilities (TSDFs). A key aspect of this system is the manifest document, which serves as a tracking tool. The manifest must accompany hazardous waste from the point of generation to its final destination. In North Dakota, as in most states that have authorized hazardous waste programs, the generator is primarily responsible for ensuring that the manifest is properly completed and that the waste reaches its intended, permitted destination. If a generator ships hazardous waste and does not receive a signed copy of the manifest back from the designated TSDF within a specified timeframe, or if the manifest indicates that the waste did not reach its intended destination, the generator is considered to have abandoned the waste. This triggers a regulatory obligation for the generator to investigate the shipment and notify the North Dakota Department of Environmental Quality (NDDEQ). The act mandates that generators take corrective action to locate the waste and ensure its proper management, or, if the waste is unrecoverable, to manage it as if it were still in their possession. This proactive duty is crucial for maintaining regulatory compliance and environmental protection. The timeframe for receiving the signed manifest back is typically 30 days from the date the waste was accepted by the initial transporter, with a provision for an extension if the generator has initiated a tracking process. Failure to comply with these requirements can result in significant penalties.

The North Dakota Department of Environmental Quality (NDDEQ) has specific requirements for the management of hazardous waste, including criteria for identifying waste streams that are subject to regulation. Under North Dakota Century Code (NDCC) Chapter 23-20.3, and its corresponding administrative rules found in the North Dakota Administrative Code (NDAC) Chapter 33-20-01, a solid waste is classified as hazardous if it exhibits one or more characteristics of hazardous waste or is listed as hazardous. The characteristic wastes are ignitability, corrosivity, reactivity, and toxicity. Toxicity is determined by the Toxicity Characteristic Leaching Procedure (TCLP). If a waste leaches any of the specified contaminants at or above the regulatory levels, it is considered a toxic hazardous waste. For example, if a waste exhibits a pH less than or equal to 2.0, it is considered corrosive. If a waste has a flash point less than 60 degrees Celsius (140 degrees Fahrenheit), it is ignitable. Reactivity is determined by instability, potential to explode, or the ability to generate toxic gases. The key to classifying a waste is to determine if it meets any of these criteria as defined by federal regulations (40 CFR Part 261) which North Dakota has adopted and may supplement. For a waste to be regulated as hazardous, it must meet one or more of these definitions. The absence of any of these characteristics means the waste is not a hazardous waste under these provisions. Therefore, a waste that does not exhibit ignitability, corrosivity, reactivity, or toxicity, as defined by the relevant regulations, is not a hazardous waste.

The North Dakota Hazardous Waste Act, specifically referencing regulations concerning generator status and waste management, mandates that a facility generating hazardous waste must determine its generator status based on the quantity of hazardous waste produced per calendar month. Small Quantity Generators (SQGs) in North Dakota are defined as those generating between 100 and 1,000 kilograms (approximately 220 to 2,200 pounds) of hazardous waste per month, or less than 1 kilogram of acute hazardous waste per month. Large Quantity Generators (LQGs) generate 1,000 kilograms or more of hazardous waste per month. Conditionally Exempt Small Quantity Generators (CESQGs), now often referred to as Very Small Quantity Generators (VSQGs) under federal revisions that North Dakota often aligns with, generate 100 kilograms or less of hazardous waste per month, or less than 1 kilogram of acute hazardous waste per month. The question asks about a facility that produces 950 kilograms of hazardous waste in January and 1,100 kilograms in February. In January, the facility falls within the SQG category. In February, it exceeds the SQG threshold and becomes an LQG. The critical point is that generator status is determined on a monthly basis. Therefore, for January, the facility is an SQG, and for February, it is an LQG. The question asks for the status in February.

The North Dakota Department of Environmental Quality (NDDEQ) enforces hazardous waste regulations under the North Dakota Century Code (NDCC) Chapter 23-20.1, which is largely aligned with the federal Resource Conservation and Recovery Act (RCRA). A generator of hazardous waste is responsible for determining if their waste is hazardous. This determination involves consulting the lists of hazardous wastes (F, K, P, U lists) and applying the characteristic definitions (ignitability, corrosivity, reactivity, toxicity). If a solid waste exhibits any of these characteristics or is listed, it is considered hazardous. The question asks about the primary responsibility for ensuring a waste is correctly identified as hazardous or non-hazardous. This responsibility rests with the entity that generates the waste, regardless of its subsequent management. This is a fundamental principle of hazardous waste management under both federal and state regulations, emphasizing cradle-to-grave accountability for generators. The generator must perform this initial assessment to comply with all subsequent management, storage, transportation, and disposal requirements. Failure to properly identify hazardous waste can lead to significant penalties and environmental liabilities. Therefore, the initial and ongoing burden of accurate waste characterization lies with the generator.

North Dakota’s hazardous waste regulations, largely mirroring the federal Resource Conservation and Recovery Act (RCRA), establish specific requirements for the management of hazardous waste. A key aspect is the identification and tracking of hazardous waste from its generation to its final disposal. This process is often referred to as “cradle-to-grave” management. For a generator to be exempt from certain stringent requirements, they must ensure that any waste they manage does not meet the definition of hazardous waste under the North Dakota Administrative Code (NDAC) Chapter 33-20-01, which aligns with federal definitions. If a waste exhibits characteristics of hazardous waste (ignitability, corrosivity, reactivity, or toxicity) or is a listed hazardous waste, it must be managed according to the regulations for hazardous waste generators. The scenario describes a facility in North Dakota that generates a waste stream. To determine if this waste stream requires hazardous waste management, the facility must evaluate it against the criteria for hazardous waste. If the waste is not a listed hazardous waste and does not exhibit any of the characteristic hazardous waste properties, it is considered non-hazardous. The question tests the understanding of this fundamental classification process and the implications for regulatory compliance in North Dakota. Therefore, the correct action for the facility is to correctly classify the waste according to North Dakota’s hazardous waste regulations.

The North Dakota Hazardous Waste Act, specifically focusing on the requirements for hazardous waste generators, mandates that facilities must comply with specific management standards based on the quantity of hazardous waste generated per month. Small Quantity Generators (SQGs) are subject to less stringent requirements than Large Quantity Generators (LQGs). In North Dakota, a generator is classified as an SQG if they generate between 100 and 1,000 kilograms of hazardous waste per calendar month, or accumulate no more than 1,000 kilograms of hazardous waste at any one time. Conversely, an LQG generates 1,000 kilograms or more of hazardous waste per month or accumulates more than 1,000 kilograms of hazardous waste at any one time. The scenario describes a facility that consistently generates 800 kilograms of hazardous waste per month. This quantity falls within the 100 to 1,000 kilogram range, thus classifying the facility as a Small Quantity Generator under North Dakota’s regulatory framework. Consequently, the facility must adhere to the management standards applicable to SQGs, which include requirements for accumulation time limits, container management, and emergency preparedness, but these are generally less burdensome than those for LQGs. The key determinant for generator status in North Dakota is the monthly generation rate, not the total annual production or the specific type of waste, provided it is indeed hazardous.

The North Dakota Hazardous Waste Act, specifically referencing the framework established by the Resource Conservation and Recovery Act (RCRA) as adopted and supplemented by North Dakota regulations, defines hazardous waste based on characteristics and listings. Generators of hazardous waste are subject to specific management standards depending on their generator status. A small quantity generator (SQG) in North Dakota, as per the regulations mirroring federal standards, is a generator who generates less than 1,000 kilograms (2,200 pounds) of hazardous waste per month. This threshold also applies to the accumulation of acute hazardous waste. Furthermore, SQGs are permitted to accumulate hazardous waste on-site for up to 180 days without a permit, provided they meet certain conditions, including proper containment and labeling. If a generator needs to store waste for longer than 180 days but less than 270 days, they can do so provided the waste is transported to a permitted treatment, storage, or disposal facility within that 270-day period, and they meet all other applicable requirements. The key distinction for SQGs is their reduced generation rate and slightly more lenient, though still stringent, accumulation timeframes compared to large quantity generators. The generation rate is the primary determinant of generator status under North Dakota’s hazardous waste management program, which aligns with federal RCRA provisions.

The North Dakota Hazardous Waste Act, specifically referencing the requirements for corrective action at permitted facilities, mandates a thorough investigation and remediation process. When a release of hazardous waste or constituents is detected, the facility must undertake corrective action. This process is governed by North Dakota Administrative Code (NDAC) Chapter 33-20-03, which aligns with federal RCRA regulations. The primary objective of corrective action is to protect human health and the environment from the impacts of the release. This involves identifying the nature and extent of the contamination, assessing the risks posed, and implementing remedies to control or mitigate these risks. The selection of a remedy is a critical phase, requiring consideration of various factors, including technical feasibility, cost-effectiveness, and community input. The process is iterative, often involving monitoring to ensure the effectiveness of the chosen remedy. The regulatory framework emphasizes a performance-based approach, allowing flexibility in how a facility achieves the cleanup goals, provided the environmental protection standards are met. The initial step after detection of a release is to characterize the extent of the contamination, which then informs the development of a corrective action plan. This plan details the proposed actions, timelines, and performance standards. The state’s role involves reviewing and approving these plans, as well as overseeing their implementation.

The North Dakota Hazardous Waste Management Regulations, specifically concerning generator status and the management of hazardous waste, delineate requirements based on the quantity of hazardous waste generated per month. A Very Small Quantity Generator (VSQG) is defined as a generator who generates no more than 100 kilograms (approximately 220 pounds) of hazardous waste per month. A Small Quantity Generator (SQG) is a generator who generates more than 100 kilograms but less than 1,000 kilograms (approximately 2,200 pounds) of hazardous waste per month. A Large Quantity Generator (LQG) is a generator who generates 1,000 kilograms or more of hazardous waste per month. In North Dakota, the determination of generator status is crucial for understanding the applicable management standards, including accumulation time limits, personnel training, contingency planning, and reporting requirements. For instance, LQGs face the most stringent requirements, while VSQGs have the least. The scenario presented involves a facility generating 150 kilograms of hazardous waste in January and 200 kilograms in February. To determine the generator status, one must consider the highest amount generated in any single month. In this case, the highest amount is 200 kilograms. Therefore, the facility would be classified as a Small Quantity Generator for both months, as 200 kilograms falls within the 100 to 999 kilograms per month threshold. This classification dictates specific operational and record-keeping obligations under North Dakota law.

The North Dakota Hazardous Waste Act, specifically referencing regulations that align with the Resource Conservation and Recovery Act (RCRA) as implemented in the state, establishes criteria for determining if a solid waste exhibits hazardous characteristics. These characteristics include ignitability, corrosivity, reactivity, and toxicity. For a waste to be classified as hazardous due to toxicity, it must fail the Toxicity Characteristic Leaching Procedure (TCLP). The TCLP is designed to simulate the leaching that a waste might undergo in a landfill. If the concentration of any of the specified contaminants in the leachate exceeds the regulatory limits, the waste is deemed toxic. For example, if a waste material, when subjected to the TCLP, yields a leachate with a concentration of lead exceeding 5.0 mg/L, it would be classified as a toxic hazardous waste under the ignitability characteristic. The question asks about a scenario where a waste generator in North Dakota is attempting to determine if their waste stream is hazardous. They have conducted an analysis and found that the waste exhibits a characteristic. The explanation focuses on the regulatory framework for characteristic hazardous waste in North Dakota, which is largely based on federal RCRA standards. The key concept is the characteristic of ignitability, which is defined by specific flashpoint criteria or the ability to cause fire under certain conditions. The regulatory limit for a liquid waste to be considered ignitable is a flashpoint less than 60°C (140°F). If the waste generator’s sample has a flashpoint of 55°C, it meets this criterion. Therefore, the waste is classified as ignitable hazardous waste.

The North Dakota Department of Environmental Quality (NDDEQ) oversees hazardous waste management under the framework established by the Resource Conservation and Recovery Act (RCRA) as implemented in North Dakota. Facilities that generate, transport, treat, store, or dispose of hazardous waste are subject to specific requirements. A key aspect of this regulation involves the identification and management of hazardous waste. When a facility generates a waste stream, it must determine if that waste is hazardous according to North Dakota’s administrative rules, which are largely aligned with federal EPA definitions. This determination is critical because it dictates the subsequent management obligations, including manifesting, record-keeping, and disposal facility requirements. If a waste is not a listed hazardous waste (e.g., F, K, P, or U lists) and does not exhibit a characteristic of hazardous waste (ignitability, corrosivity, reactivity, or toxicity), it is considered a solid waste. The toxicity characteristic is determined through the Toxicity Characteristic Leaching Procedure (TCLP). If the TCLP analysis for any of the regulated constituents exceeds the established regulatory levels, the waste is classified as hazardous. For instance, if a waste stream from a metal plating operation in North Dakota, when subjected to TCLP, shows a concentration of lead at 10 mg/L, and the regulatory level for lead is 5 mg/L, then this waste would be classified as hazardous due to the toxicity characteristic. The generator is then responsible for managing this waste in compliance with all applicable hazardous waste regulations.

The North Dakota Department of Environmental Quality (NDDEQ) enforces hazardous waste regulations under the North Dakota Century Code Chapter 23-20.1 and the North Dakota Administrative Code Article 33-20. This regulatory framework aligns with the federal Resource Conservation and Recovery Act (RCRA). A key aspect of this law is the management of hazardous waste from its generation to its final disposal, often referred to as “cradle-to-grave” management. Generators of hazardous waste are responsible for identifying, managing, and properly disposing of their waste. The regulations define different categories of generators based on the quantity of hazardous waste produced per month, which dictates the specific management standards they must follow. For instance, Very Small Quantity Generators (VSQGs) have less stringent requirements compared to Small Quantity Generators (SQGs) and Large Quantity Generators (LQGs). The question pertains to the regulatory oversight and management of a specific type of hazardous waste, namely spent solvents, which are frequently encountered in industrial settings. The scenario describes a situation where a facility in North Dakota is managing spent solvents that exhibit characteristics of ignitability, a common hazardous waste characteristic. The core of the question lies in understanding the regulatory framework governing the management of such characteristic hazardous wastes, particularly concerning the manifest system. In North Dakota, the hazardous waste manifest is a crucial document used to track hazardous waste from the point of generation to its final destination. It serves as a legal record of the waste’s movement and ensures accountability throughout the transportation and disposal process. The regulations specify when a manifest is required. For characteristic hazardous wastes, the manifest requirement is triggered by the generation of such waste that meets the definition of hazardous waste. Therefore, when a facility generates spent solvents that are ignitable, they are producing a characteristic hazardous waste and must comply with the manifest requirements for tracking its shipment to a permitted treatment, storage, or disposal facility (TSDF). The explanation of the regulations indicates that the manifest system is a fundamental component of the hazardous waste tracking program. The North Dakota Century Code and Administrative Code, mirroring federal RCRA, mandate the use of the uniform hazardous waste manifest for shipments of hazardous waste. This includes waste that is hazardous due to its characteristics, such as ignitability, corrosivity, reactivity, or toxicity. Consequently, any facility generating ignitable spent solvents in North Dakota is subject to the manifest requirements for transportation to a licensed facility.

The North Dakota Century Code (NDCC) Chapter 23-20.3, “Hazardous Waste Management,” outlines the state’s framework for managing hazardous waste. This chapter, in conjunction with the North Dakota Administrative Code (NDAC) Article 33-20, which adopts and modifies federal regulations under the Resource Conservation and Recovery Act (RCRA), establishes requirements for generators, transporters, and treatment, storage, and disposal facilities (TSDFs). Specifically, NDCC 23-20.3-04 grants the State Department of Health the authority to adopt rules and regulations to implement the hazardous waste management program. This includes provisions for identifying hazardous waste, setting standards for generators and transporters, and licensing TSDFs. The question probes the foundational authority for the state’s hazardous waste program, which is derived from legislative enactment and subsequent administrative rule-making. The NDCC provides the statutory basis, while the NDAC details the specific regulatory requirements. Therefore, the authority to implement the hazardous waste program in North Dakota is vested through the legislative mandate found in the North Dakota Century Code, enabling the State Department of Health to promulgate administrative rules and enforce federal RCRA standards as adopted by the state.

North Dakota’s hazardous waste regulations, primarily found in the North Dakota Administrative Code (NDAC) Chapter 33-20-01, establish requirements for the management of hazardous waste. A key aspect of these regulations pertains to the definition and management of hazardous waste, particularly concerning characteristic wastes. A waste exhibits the characteristic of ignitability if it is a liquid, and has a flash point less than 60 degrees Celsius (140 degrees Fahrenheit). It can also be a non-liquid solid capable of causing fire through friction, absorption of moisture, or spontaneous chemical changes and, when ignited, burns so vigorously and persistently as to create a hazard. Furthermore, it can be an ignitable compressed gas or an oxidizer. The specific criterion for liquids is the flash point. A waste with a flash point of 55 degrees Celsius meets the definition of an ignitable hazardous waste under these regulations because it is less than the 60 degrees Celsius threshold. This characteristic requires specific handling, storage, and disposal procedures to mitigate the risk of fire. Understanding these specific thresholds and definitions is crucial for compliance with North Dakota’s hazardous waste management program, which aligns with federal Resource Conservation and Recovery Act (RCRA) principles but may have state-specific nuances. The identification of hazardous waste is the foundational step in the entire regulatory framework.

The North Dakota Department of Environmental Quality (NDDEQ) regulates hazardous waste management under the North Dakota Century Code Chapter 23-20.1 and the North Dakota Administrative Code (NDAC) Chapter 33-20. These regulations are largely aligned with the federal Resource Conservation and Recovery Act (RCRA). A key aspect of hazardous waste regulation involves the identification and management of specific waste streams. For a generator of hazardous waste, understanding the criteria for classification is paramount. If a generator discovers that a previously non-hazardous waste stream exhibits characteristics of hazardous waste, such as ignitability, corrosivity, reactivity, or toxicity, as defined by NDAC 33-20-01-03, they must reclassify it. This reclassification triggers a cascade of regulatory obligations, including obtaining an EPA identification number, adhering to storage time limits, manifesting shipments, and ensuring proper treatment and disposal at permitted facilities. The generator’s responsibility extends to the point of final disposal, even if the waste is sent to a third-party treatment facility. The critical concept here is the “cradle-to-grave” responsibility that North Dakota law, mirroring federal RCRA, imposes on hazardous waste generators. This means the generator remains accountable for the waste’s management from its generation through its ultimate disposal. Failure to properly identify, manage, and dispose of hazardous waste can result in significant penalties, including fines and other enforcement actions by the NDDEQ. Therefore, a proactive and thorough waste characterization process is essential for compliance.

The North Dakota Department of Environmental Quality (NDDEQ) oversees hazardous waste management under the framework established by the Resource Conservation and Recovery Act (RCRA) and its state-specific implementing regulations. A key aspect of this regulation involves the identification and management of hazardous waste. When a facility generates a waste stream, it is the generator’s responsibility to determine if that waste is hazardous. This determination process involves consulting lists of hazardous wastes (F, K, P, U lists) and evaluating the waste against specific characteristics: ignitability, corrosivity, reactivity, and toxicity. If a waste exhibits any of these characteristics, or is specifically listed as hazardous, it must be managed according to hazardous waste regulations. The scenario describes a new solvent blend. The generator must first consult the North Dakota Administrative Code (NDAC) 33-24-05, which mirrors federal hazardous waste listings, to see if this specific solvent blend or its components are listed. If not listed, the generator must then test the waste or use their knowledge of the waste to determine if it exhibits any of the four hazardous characteristics. For toxicity, the Toxicity Characteristic Leaching Procedure (TCLP) is the standard analytical test if the waste is suspected of containing certain toxic constituents at concentrations that could leach into groundwater. Without evidence of the solvent blend exhibiting ignitability, corrosivity, or reactivity, and assuming it is not a listed waste, the primary pathway for it to be deemed hazardous would be through the toxicity characteristic. Therefore, if the solvent blend, when subjected to the TCLP, leaches any of the specified contaminants (e.g., benzene, vinyl chloride, heavy metals) at or above the regulatory thresholds, it is classified as a toxic hazardous waste. This classification mandates adherence to stringent management standards for accumulation, transportation, treatment, storage, and disposal. The question focuses on the initial determination process and the potential pathways to classification as hazardous waste in North Dakota, emphasizing the generator’s duty to properly characterize their waste.

The North Dakota Hazardous Waste Act, specifically referencing the North Dakota Administrative Code (NDAC) Chapter 33-20-01, outlines the requirements for hazardous waste management. When a generator determines that a solid waste is not a hazardous waste, they must keep records of this determination for at least three years from the date the waste was last sent to the facility. This record-keeping requirement is fundamental to demonstrating compliance and ensuring proper waste characterization. The purpose of these records is to provide auditable evidence of the generator’s diligence in assessing their waste streams and to support their assertion that the waste does not meet the criteria for hazardous waste under state and federal regulations. These records often include analytical test results, process descriptions, and the rationale for classifying the waste as non-hazardous. Failure to maintain these records can lead to penalties and the presumption that the waste is indeed hazardous. The three-year period is a standard timeframe in environmental regulations for maintaining such documentation, allowing for retrospective review by regulatory agencies.

The North Dakota Department of Environmental Quality (NDDEQ) requires generators of hazardous waste to comply with specific accumulation time limits. For a large quantity generator (LQG), the standard accumulation time limit is 90 days. This period begins when the first drop of hazardous waste is placed into a container or tank. The regulations, as outlined in North Dakota’s Administrative Code Chapter 33-20-01, which mirrors federal Resource Conservation and Recovery Act (RCRA) provisions, stipulate that waste must be shipped off-site or to a permitted treatment, storage, or disposal facility (TSDF) before the 90-day period expires. Failure to meet this deadline can result in violations and penalties. The key is that the clock starts ticking from the moment the waste is first accumulated, not from when the container is full or when a manifest is prepared. Therefore, a generator must meticulously track the accumulation start date for each waste stream.

The North Dakota Hazardous Waste Act, specifically Chapter 37-01 of the North Dakota Administrative Code, governs the management of hazardous waste. A critical aspect of this regulation is the definition and management of “universal waste.” Universal wastes are a category of hazardous wastes that are widely generated and are subject to streamlined management standards to reduce the regulatory burden on handlers. In North Dakota, universal wastes include batteries, pesticides, mercury-containing equipment, and lamps. The specific question pertains to the proper disposal of a mercury-containing fluorescent lamp. Under North Dakota regulations, such lamps, when generated by a small quantity generator or an agricultural producer, are considered universal waste. The key distinction for universal waste management is that it does not require the same stringent manifesting and storage limitations as other hazardous wastes, provided it is managed in accordance with the specific universal waste rules. The regulations aim to encourage the collection and recycling of these materials. Therefore, the most appropriate and legally compliant method for disposal, considering the universal waste classification, is to manage it as universal waste, which typically involves collection by a universal waste handler or shipment to a facility permitted to manage universal waste, rather than treating it as a typical hazardous waste requiring full RCRA hazardous waste manifest procedures from the outset of generation by a small quantity generator.

North Dakota’s Hazardous Waste Management Act, codified in the North Dakota Century Code Chapter 23-20.3, and its corresponding administrative rules found in Chapter 33-20 of the North Dakota Administrative Code, establish a comprehensive framework for the management of hazardous waste. A key aspect of this framework is the generator’s responsibility to properly identify and classify their waste. This involves determining if a solid waste is a hazardous waste, which can be done through either listing or characteristic determination. Characteristic hazardous wastes are those that exhibit one or more of the following properties: ignitability, corrosivity, reactivity, or toxicity. The toxicity characteristic is determined by the Toxicity Characteristic Leaching Procedure (TCLP), a standardized test designed to simulate leaching in a landfill. If the concentration of any of the specific contaminants listed in the TCLP regulations exceeds the established regulatory levels, the waste is classified as hazardous due to toxicity. For a waste to be considered hazardous by characteristic in North Dakota, it must meet the criteria outlined in the North Dakota Administrative Code Section 33-20-01-03. This section mirrors federal regulations under the Resource Conservation and Recovery Act (RCRA) concerning hazardous waste characteristics. Therefore, a waste exhibiting a characteristic of ignitability, corrosivity, reactivity, or toxicity, as defined by these regulations, is considered a hazardous waste under North Dakota law, irrespective of whether it is also listed. The critical point is that exhibiting any one of these characteristics independently classifies the waste as hazardous.

North Dakota’s hazardous waste regulations, mirroring federal RCRA (Resource Conservation and Recovery Act) provisions, establish a framework for managing hazardous waste from its generation to its final disposal. A key aspect of this framework involves the identification and classification of hazardous wastes. Wastes are generally classified as hazardous if they are specifically listed by the Environmental Protection Agency (EPA) or if they exhibit certain hazardous characteristics: ignitability, corrosivity, reactivity, or toxicity. The toxicity characteristic is determined through the Toxicity Characteristic Leaching Procedure (TCLP). If a waste fails the TCLP for any of the regulated constituents, it is considered a toxic hazardous waste. In this scenario, the waste generated by the agricultural cooperative in North Dakota contains a concentration of arsenic that exceeds the regulatory limit for the toxicity characteristic. The TCLP for arsenic has a regulatory limit of 5.0 mg/L. If the TCLP result for arsenic in the waste leachate is 7.2 mg/L, this value is greater than the regulatory limit. Therefore, the waste is classified as a hazardous waste due to the toxicity characteristic. This classification triggers specific management requirements under North Dakota’s hazardous waste program, including proper storage, labeling, transportation by a licensed hazardous waste transporter, and disposal at a permitted hazardous waste treatment, storage, or disposal facility (TSDF). The cooperative must also comply with record-keeping and reporting obligations.

The North Dakota Hazardous Waste Act, specifically referencing regulations derived from the Resource Conservation and Recovery Act (RCRA) as adopted by the state, outlines requirements for hazardous waste management. When a generator of hazardous waste ceases to operate or wishes to transfer ownership of a facility that has generated hazardous waste, specific closure and post-closure requirements apply. These requirements are designed to ensure that any residual hazardous waste or contamination is managed safely and does not pose a threat to human health or the environment. The North Dakota Department of Environmental Quality (NDDEQ) oversees these processes. The key principle is that the generator remains responsible for the hazardous waste they produced until it is properly managed and the site is deemed closed. If a facility closes and has generated hazardous waste, it must undergo a closure process that includes removing all hazardous waste and decontaminating equipment and structures. If hazardous waste residues remain, post-closure care requirements will be implemented. This post-closure care period involves monitoring and maintenance activities to ensure the integrity of containment and prevent releases. The generator’s liability and responsibility for proper management do not simply disappear upon cessation of operations; rather, the regulatory framework mandates specific procedures for closure and, if necessary, post-closure care to address the long-term management of hazardous waste. This ensures that the environmental burden is not shifted to future generations or the public.

The North Dakota Department of Environmental Quality (NDDEQ) is responsible for the administration and enforcement of hazardous waste regulations within the state, primarily under the North Dakota Century Code Chapter 23-20.1 and the North Dakota Administrative Code Article 33-20. These regulations are largely modeled after the federal Resource Conservation and Recovery Act (RCRA) but may include state-specific provisions. A generator of hazardous waste is defined by the quantity of hazardous waste produced per month. Small Quantity Generators (SQGs) are typically those who generate between 100 and 1,000 kilograms of hazardous waste per month, or less than 1 kilogram of acutely hazardous waste per month. Large Quantity Generators (LQGs) generate 1,000 kilograms or more of hazardous waste per month, or more than 1 kilogram of acutely hazardous waste per month. Conditionally Exempt Small Quantity Generators (CESQGs), now often referred to as Very Small Quantity Generators (VSQGs) under federal reclassification, generate 100 kilograms or less of hazardous waste per month and less than 1 kilogram of acutely hazardous waste per month. These generator status classifications dictate the specific management, storage, record-keeping, and reporting requirements that a facility must adhere to. For instance, LQGs face the most stringent requirements, including biennial reporting and more rigorous personnel training. SQGs have reduced requirements compared to LQGs, and VSQGs have the least stringent requirements, often being exempt from many RCRA Subtitle C provisions, though they must still ensure their waste is managed properly. Therefore, a facility generating 500 kilograms of hazardous waste and 0.5 kilograms of acutely hazardous waste in a calendar month in North Dakota would be classified as a Small Quantity Generator.

North Dakota’s hazardous waste regulations, mirroring federal Resource Conservation and Recovery Act (RCRA) requirements, establish a framework for managing hazardous waste from generation to final disposal. A key aspect of this framework involves the identification and management of characteristic hazardous wastes. These are wastes that exhibit one or more of four specific characteristics: ignitability, corrosivity, reactivity, or toxicity. The toxicity characteristic is determined by the Toxicity Characteristic Leaching Procedure (TCLP), a standardized test designed to simulate leaching in a landfill. If a waste, when subjected to TCLP, yields a concentration of any of the 40 listed toxic constituents above its regulatory threshold, it is classified as a toxic hazardous waste. For example, if a waste sample from a chemical manufacturing facility in North Dakota, when tested using TCLP, shows a concentration of lead at 6.5 mg/L, this would exceed the regulatory limit of 5.0 mg/L for lead. Consequently, this waste would be classified as a hazardous waste due to the toxicity characteristic. This classification triggers stringent management requirements, including proper storage, labeling, manifesting for transport, and disposal at a permitted hazardous waste treatment, storage, or disposal facility (TSDF). The goal is to prevent the release of hazardous constituents into the environment and protect human health. Understanding these characteristics and the testing procedures is fundamental for any entity generating or managing hazardous waste in North Dakota.

The North Dakota Hazardous Waste Act, specifically Chapter 37-01 of the North Dakota Administrative Code, governs the management of hazardous waste. A critical aspect of this act involves the definition and regulation of hazardous waste generators. Generators are classified based on the quantity of hazardous waste they produce per month. Small quantity generators (SQGs) are defined as those who generate between 100 and 1,000 kilograms of hazardous waste per month, or less than 1 kilogram of acutely hazardous waste per month. Large quantity generators (LQGs) are those who generate 1,000 kilograms or more of hazardous waste per month, or more than 1 kilogram of acutely hazardous waste per month. Very small quantity generators (VSQGs) generate 100 kilograms or less of hazardous waste per month. The scenario describes a facility that consistently produces 950 kilograms of hazardous waste per month and 0.5 kilograms of acutely hazardous waste per month. This production level clearly falls within the parameters for a small quantity generator, as it is above the VSQG threshold and below the LQG threshold for non-acute hazardous waste, and also below the acute hazardous waste threshold for LQGs. Therefore, the facility’s generator status in North Dakota is that of a small quantity generator. Understanding these thresholds is crucial for compliance with manifest requirements, storage limitations, and reporting obligations under North Dakota’s hazardous waste regulations.

The North Dakota Hazardous Waste Act, specifically focusing on the provisions within North Dakota Century Code Chapter 23-29, outlines the responsibilities and procedures for managing hazardous waste. When a generator of hazardous waste ceases to operate or is acquired by another entity, the responsibility for the proper management and closure of any existing hazardous waste management units or waste must be clearly defined. North Dakota law, mirroring federal RCRA principles, generally places the ultimate responsibility for the proper management of hazardous waste on the generator, even after cessation of operations, unless a valid transfer of responsibility has been documented and approved according to regulatory requirements. This includes ensuring that any waste generated remains managed in compliance with all applicable regulations until it is properly treated, stored, or disposed of. The North Dakota Department of Environmental Quality (NDDEQ) oversees these activities and requires specific documentation and approvals for any transfer of ownership or responsibility for hazardous waste management units or ongoing waste management obligations. Without such documented and approved transfer, the original generator, or its successor in interest if the business entity itself is transferred, retains the liability. Therefore, the entity that generated the waste, or its legal successor, is responsible for ensuring its proper management.

The North Dakota Hazardous Waste Act, administered by the North Dakota Department of Environmental Quality (NDDEQ), establishes a framework for managing hazardous waste from generation to final disposal. A key aspect of this framework is the definition of hazardous waste itself, which is primarily governed by the characteristics of ignitability, corrosivity, reactivity, and toxicity, as well as by specific listings. When a waste exhibits one or more of these characteristics, it is considered hazardous. The Toxicity Characteristic Leaching Procedure (TCLP) is a critical analytical method used to determine if a solid waste is hazardous due to its toxicity. This procedure simulates the leaching that a waste might undergo in a landfill. If the concentration of certain specified contaminants in the leachate, as determined by TCLP, exceeds regulatory limits, the waste is classified as toxic hazardous waste. For example, if a waste material, when subjected to the TCLP, yields a leachate containing lead at a concentration exceeding 5.0 mg/L, it would be classified as a hazardous waste due to the toxicity characteristic for lead. This classification triggers specific management requirements under both federal Resource Conservation and Recovery Act (RCRA) regulations and North Dakota’s corresponding state statutes and administrative rules. These requirements encompass aspects such as waste identification, generator status, storage, transportation, and treatment, storage, and disposal facility (TSDF) permitting. The goal is to ensure that such wastes are managed in a manner that protects human health and the environment from potential adverse impacts.

The North Dakota Hazardous Waste Act, specifically referencing the regulations that implement the Resource Conservation and Recovery Act (RCRA) within the state, mandates a phased approach to identifying and managing hazardous waste. Generators of hazardous waste are categorized based on the quantity of hazardous waste they produce per month. Very Small Quantity Generators (VSQGs) are defined as entities generating 100 kilograms or less of hazardous waste per month, or less than 1 kilogram of acutely hazardous waste per month. Small Quantity Generators (SQGs) generate between 100 and 1,000 kilograms of hazardous waste per month. Large Quantity Generators (LQGs) generate 1,000 kilograms or more of hazardous waste per month. The question asks about a facility that generates 150 kilograms of hazardous waste in a calendar month and 0.5 kilograms of acutely hazardous waste in the same month. To determine the generator status, one must consider both quantities. The primary classification is based on the total hazardous waste generated. Since 150 kilograms is greater than 100 kilograms but less than 1,000 kilograms, this initially points towards Small Quantity Generator status. However, the presence of acutely hazardous waste also plays a role in classification, particularly for the lower thresholds. A generator is considered an SQG if they generate between 100 kg and 1,000 kg of hazardous waste per month, OR if they accumulate less than 1,000 kg of hazardous waste at any time and generate less than 1 kg of acutely hazardous waste per month. In this scenario, the facility generates 150 kg of hazardous waste, which falls into the SQG category. The 0.5 kg of acutely hazardous waste is less than the 1 kg threshold for acutely hazardous waste that would trigger a higher classification if the total hazardous waste was also below the SQG threshold. Therefore, the facility’s generator status is determined by the 150 kg of non-acutely hazardous waste, classifying it as a Small Quantity Generator.

The North Dakota Department of Environmental Quality (NDDEQ) regulates hazardous waste management under the North Dakota Administrative Code (NDAC) Chapter 33-20-01, which largely mirrors the federal Resource Conservation and Recovery Act (RCRA) regulations. A key aspect of these regulations is the identification and management of hazardous waste. Generators of hazardous waste are responsible for determining if their waste is hazardous. This determination can be made by either testing the waste or by using knowledge of the process that generated the waste. If a solid waste exhibits any of the characteristics of hazardous waste – ignitability, corrosivity, reactivity, or toxicity – it is classified as hazardous. For toxicity, the Toxicity Characteristic Leaching Procedure (TCLP) is used to simulate leaching in a landfill. If the leachate from a tested waste exceeds the regulatory limits for specific contaminants, the waste is deemed hazardous due to toxicity. For instance, if a waste is tested using TCLP and the leachate contains lead at a concentration of 6 mg/L, and the regulatory limit for lead under the toxicity characteristic is 5 mg/L, then the waste would be classified as hazardous. The generator must then manage this waste according to the applicable hazardous waste regulations, including proper storage, labeling, manifesting, and disposal at a permitted treatment, storage, and disposal facility. The generator’s responsibility extends to ensuring that the chosen management methods are environmentally sound and comply with all state and federal requirements. This proactive approach is crucial for preventing environmental contamination and protecting public health in North Dakota.

The North Dakota Department of Environmental Quality (NDDEQ) oversees hazardous waste management under the North Dakota Century Code, Chapter 23-20.1, and associated administrative rules, which are largely aligned with the federal Resource Conservation and Recovery Act (RCRA). A key aspect of this regulation is the identification and management of hazardous wastes. Waste is generally classified as hazardous if it is specifically listed by the EPA or the state, or if it exhibits hazardous characteristics such as ignitability, corrosivity, reactivity, or toxicity. For toxicity, the Toxicity Characteristic Leaching Procedure (TCLP) is a critical testing method. The TCLP is designed to simulate leaching that may occur in a landfill. If a waste, when subjected to the TCLP, exceeds regulatory thresholds for certain contaminants, it is classified as a hazardous waste. In North Dakota, as with federal regulations, generators are responsible for determining if their waste is hazardous. This determination is typically made through process knowledge or laboratory analysis, such as TCLP testing. The scenario describes a generator in North Dakota who has a waste stream that is not explicitly listed as hazardous by the EPA or North Dakota. However, the waste exhibits a characteristic of hazardous waste. The question asks about the regulatory implication of this finding. If a waste exhibits any of the hazardous characteristics, it is considered a hazardous waste, regardless of whether it is listed. Therefore, the generator must manage this waste according to hazardous waste regulations. The specific characteristic identified is crucial for proper management and reporting. The regulatory framework in North Dakota mandates that such a waste be managed as hazardous.