§ 23.1-04-05 — Hazardous waste regulations

Under chapter 28-32, the department shall adopt rules:
1. For determining whether any waste is hazardous.
2. Prescribing procedures for generators of hazardous waste.
3. For the issuance of permits for the storage, treatment, and disposal of hazardous
waste in an environmentally sound manner, utilizing best scientific and engineering
judgment.
4. Prescribing procedures under which the department shall issue, renew, modify,
suspend, revoke, or deny permits required by this chapter. The rules must provide that
no permit may be revoked until the department has provided the affected party with
written notice of the intent of the department to revoke the permit, the reasons for the
revocation, and an opportunity for a hearing.
5. For the location, design, construction, operation, and maintenance of treatment,
storage, and disposal facilities.
6. For the transportation, containerization, and labeling of hazardous wastes which must
be consistent with those issued by the United States department of transportation and
the public service commission and department of transportation.
7. Prescribing procedures and requirements for a manifest system.
8. Prescribing procedures and requirements for the following:
a. Recordkeeping.
b. Reporting.
c. Sampling.
d. Performing analysis.
e. Monitoring.
9. Requiring the owner or operator of any hazardous waste treatment, storage, or
disposal facility to demonstrate evidence of financial responsibility in the form and
amount determined by the department to be necessary to ensure that, upon

abandonment, cessation, or interruption of the operation of the facility, all appropriate
measures are taken to prevent damage to human health and the environment.
10. Any other rules necessary to carry out the purposes of this chapter.