(a) The department, acting through the commission, is authorized to promulgate rules and regulations establishing such standards, applicable to generators of hazardous waste as may be necessary to protect human health or the environment. Such standards shall include but not be limited to the following:
(1) Determining if solid wastes generated are hazardous wastes as defined by this chapter;
(2) Proper labeling of hazardous wastes;
(3) Assuring that all hazardous wastes generated are treated, or disposed of at treatment, storage or disposal facilities which:
a. If in state, are permitted or have interim status under this chapter; or
b. If out of state, are permitted or have interim status from a state authorized under Section 3006 of the RCRA to operate a hazardous waste permitting program in lieu of the federal program or are permitted or have interim status under the RCRA;
(4) Maintaining records of hazardous waste produced, generated, treated, stored or disposed of as may be required by the department, which records accurately identify the quantity of such waste, the constituents thereof which are significant in quantity or in potential harm to human health or the environment and the disposition of such waste;
(5) Using appropriate containers for such hazardous waste;
(6) Furnishing information on the general chemical composition of such hazardous waste to persons transporting, treating, storing or disposing of such wastes;
(7) Using the Manifest System under Section 22-30-17 for all hazardous waste transported from the site of generation to a treatment, storage or disposal facility;
(8) Submitting reports to the department at such times as the department deems necessary, setting out:
a. The quantities and nature of hazardous waste identified or listed under this chapter that the generator has generated during a particular time period;
b. The disposition of all hazardous waste reported under paragraph a of this subdivision;
c. The efforts taken during the time period to reduce the volume and toxicity of waste generated; and
d. The changes in volume and toxicity actually achieved during the time period in comparison with previous years, to the extent that such information is available for years prior to the enactment of this requirement.
(9) The manifest required under this section shall contain a certification by the generator that:
a. The generator of the hazardous waste has a program in place to reduce the volume or quantity and toxicity of such waste to the degree determined by the generator to be economically practicable; and
b. The proposed method of treatment, storage or disposal is the practicable method currently available to the generator which minimizes the present and future threat to human health and the environment.
(b) The department, acting through the commission, is authorized to promulgate rules and regulations establishing such standards, applicable to generators of hazardous waste in a total quantity of greater than 100 kilograms but less than 1,000 kilograms during a calendar month as may be necessary to protect human health and the environment. Such standards, including requirements for the preparation of hazardous waste manifests, may vary from the standards applicable to generators of hazardous waste in a total quantity of 1,000 kilograms or greater during a calendar month, but such standards shall be sufficient to protect human health and the environment.
Last modified: May 3, 2021