In addition to the definitions set forth in section 33.1-24-01-04, the following definitions apply to sections 33.1-24-03-50 through 33.1-24-03-59:

1. 1. 'Competent authority' means the regulatory authority or authorities of concerned countries having jurisdiction over transboundary movements of wastes.

2. 2. 'Countries concerned' means the countries of export or import and any countries of transit.

3. 3. 'Country of export' means any designated country from which a transboundary movement of hazardous wastes is planned to be initiated or is initiated.

4. 4. 'Country of import' means any country to which a transboundary movement of hazardous wastes is planned or takes place for the purpose of submitting the wastes to recovery or disposal operations therein.

5. 5. 'Country of transit' means any country other than the country of export or country of import across which a transboundary movement of hazardous wastes is planned or takes place.

6. 6. 'Disposal operations' means activities that do not lead to the possibility of resource recovery, recycling, reclamation, direct re-use or alternate uses, which include the following categories:

1. a. D1 - Release or deposit into or onto land, other than by any of operations D2 through D5 or D12.

2. b. D2 - Land treatment, such as biodegradation of liquids or sludges in soils.

3. c. D3 - Deep injection, such as injection into wells, salt domes, or naturally occurring repositories.

4. d. D4 - Surface impoundment, such as placing of liquids or sludges into pits, ponds, or lagoons.

5. e. D5 - Specially engineered landfill, such as placement into lined discrete cells which are capped and isolated from one another and the environment.

6. f. D6 - Release into a water body other than a sea or ocean, and other than by operation D4.

7. g. D7 - Release into a sea or ocean, including sea-bed insertion, other than by operation D4.

8. h. D8 - Biological treatment not specified elsewhere in operations D1 through D12, which results in final compounds or mixtures which are discarded by means of any of operations D1 through D12.

1. i. D9 - Physical or chemical treatment not specified elsewhere in operations D1 through D12, such as evaporation, drying, calcination, neutralization, or precipitation, which results in final compounds or mixtures which are discarded by means of any of operations D1 through D12.
2. j. D10 - Incineration on land.
3. k. D11 - Incineration at sea.
4. l. D12 - Permanent storage.
5. m. D13 - Blending or mixing, prior to any of operations D1 through D12.
6. n. D14 - Repackaging, prior to any of operations D1 through D13.
7. o. D15 - (or DC17 for transboundary movements with Canada only) Interim storage, prior to any of operations D1 through D12.
8. p. DC15 - Release, including the venting of compressed or liquefied gases, or treatment, other than by any of operations D1 to D12 (for transboundary movements with Canada only).
9. q. DC16 - Testing of a new technology to dispose of a hazardous waste (for transboundary movements with Canada only).7. 'Environmental protection agency acknowledgment of consent' means the letter the environmental protection agency sends to the exporter documenting the specific terms of the country of import's consent and the country or countries of transit's consents. The acknowledgment of consent meets the definition of an export license in United States census bureau regulations 15 CFR 30.1.8. 'Export' means the transportation of hazardous waste from a location under the jurisdiction of the United States to a location under the jurisdiction of another country, or a location not under the jurisdiction of any country, for the purposes of recovery or disposal operations therein.9. 'Exporter', also known as primary exporter on the hazardous waste manifest, means the person domiciled in the United States that is required to originate the movement document in accordance with subsection 4 of section 33.1-24-03-53 or the manifest for a shipment of hazardous waste in accordance with sections 33.1-24-03-04 through 33.1-24-03-07 which specifies a foreign receiving facility at the facility to which the hazardous wastes will be sent, or any recognized trader who proposes export of the hazardous wastes for recovery or disposal operations in the country of import.10. 'Foreign exporter' means the person under the jurisdiction of the country of export that has, or will have at the time the planned transboundary movement commences, possession or other forms of legal control of the hazardous wastes and who proposes shipment of the hazardous wastes to the United States for recovery or disposal operations.11. 'Foreign importer' means the person to whom possession or other form of legal control of the hazardous waste is assigned at the time the exported hazardous waste is received in the country of import.12. 'Foreign receiving facility' means a facility that, under the importing country's applicable domestic law, is operating or is authorized to operate in the country of import to receive the hazardous wastes and to perform recovery or disposal operations on the hazardous waste.

13. "Import" means the transportation of hazardous waste from a location under the jurisdiction of another country to a location under the jurisdiction of the United States for the purposes of recovery or disposal operations therein.

14. "Importer" means the person to whom possession or other form of legal control of the hazardous waste is assigned at the time the imported hazardous waste is received in the United States.

15. "Organization for economic cooperation and development area" means all land or marine areas under the national jurisdiction of any organization for economic cooperation and development member country. When the regulations refer to shipments to or from an organization for economic cooperation and development member country, this means organization for economic cooperation and development area.

16. "Organization for Economic Cooperation and Development member country" means the countries that are members of the Organization for Economic Cooperation and Development and participate in the Amended 2001 Organization for Economic Cooperation and Development Decision. (environmental protection agency provides a list of Organization for Economic Cooperation and Development member countries at https://www.epa.gov/hwgenerators/international-agreements-transboundary-shipments-waste).

17. "Receiving facility" means a United States facility that, under the Resource Conservation and Recovery Act and other applicable domestic laws, is operating or is authorized to operate to receive hazardous wastes and to perform recovery or disposal operations on them.

18. "Recovery operations" means activities leading to resource recovery, recycling, reclamation, direct reuse or alternative uses, which include:

a. R1 - Use as a fuel (other than in direct incineration) or other means to generate energy. b. R2 - Solvent reclamation/regeneration. c. R3 - Recycling/reclamation of organic substances which are not used as solvents. d. R4 - Recycling/reclamation of metals and metal compounds. e. R5 - Recycling/reclamation of other inorganic materials. f. R6 - Regeneration of acids or bases. g. R7 - Recovery of components used for pollution abatement. h. R8 - Recovery of components used from catalysts. i. R9 - Used oil rerefining or other reuses of previously used oil. j. R10 - Land treatment resulting in benefit to agriculture or ecological improvement. k. R11 - Uses of residual materials obtained from any of the operations numbered R1 through R10 or RC14 (for transboundary shipments with Canada only). l. R12 - Exchange of wastes for submission to any of the operations numbered R1 through R11 or RC14 (for transboundary shipments with Canada only). m. R13 - Accumulation of material intended for any operation numbered R1 through R12 or RC14 (for transboundary shipments with Canada only).

n. RC14 - Recovery or regeneration of a substance or use or reuse of a recyclable material, other than by any of operations R1 to R10 (for transboundary shipments with Canada only).

o. RC15 - Testing of a new technology to recycle a hazardous recyclable material (for transboundary shipments with Canada only).

p. RC16 - Interim storage prior to any of operations R1 to R11 or RC14 (for transboundary shipments with Canada only).

19. "Transboundary movement" means any movement of hazardous wastes from an area under the national jurisdiction of one country to an area under the national jurisdiction of another country.

History: Effective January 1, 2019; amended effective July 1, 2020.

General Authority: NDCC 23.1-04-03; S.L. 2017, ch. 199, § 1

Law Implemented: NDCC 23.1-04-03, 23.1-04-05; S.L. 2017, ch. 199, § 19