Notwithstanding any other provision of this chapter or chapter 33.1-24-07, the following are deemed to have a hazardous waste permit if the conditions listed are met:

1. Injection wells. The owner or operator of an injection well disposing of hazardous waste, if the owner or operator: a. Has a permit for underground injection issued under 40 CFR part 144 or 145; b. Complies with the conditions of that permit and the requirements of section 33.1-25-01-18 (requirements for wells managing hazardous waste) of article 33.1-25 (underground injection control); and c. For underground injection control permits issued after November 8, 1984: (1) Complies with section 33.1-24-05-58; and (2) Where the underground injection control well is the only unit at a facility which requires a hazardous waste permit, complies with subsection 4 of section 33.1-24-06-17.

2. Publicly owned treatment works. The owner or operator of a publicly owned treatment works which accepts for treatment hazardous waste, if the owner or operator: a. Has a North Dakota pollutant discharge elimination system permit; b. Complies with the conditions of that permit; and c. Complies with the following: (1) Section 33.1-24-05-02, identification number.

(2) Section 33.1-24-05-38, use of manifest system. (3) Section 33.1-24-05-39, manifest discrepancies. (4) Subsection 1 and subdivision a of subsection 2 of section 33.1-24-05-40, operating record. (5) Section 33.1-24-05-42, biennial report. (6) Section 33.1-24-05-43, unmanifested waste report. (7) Section 33.1-24-05-58, corrective action for solid waste management units.

History: Effective January 1, 2019.

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

Law Implemented: NDCC 23.1-04-03, 23.1-04-05, 23.1-04-08; S.L. 2017, ch. 199, § 19