§ 23.1-04-16 — Applicability

1. The hazardous waste provisions of this chapter do not apply to the following wastes to
the degree to which they are exempted from regulation by sections 3001(b)(2) and
3001(b)(3)(A) of the Resource Conservation and Recovery Act, as amended by the
Solid Waste Disposal Act Amendments of 1980 [Pub. L. 96-482; 42 U.S.C. 6901 et
seq.]:
a. Drilling fluids, produced water, and other wastes associated with the exploration,
development, or production of crude oil or natural gas or geothermal energy.

b. Fly ash waste, bottom ash waste, slag waste, and flue gas emission control
waste generated primarily from the combustion or gasification of coal or other
fossil fuels.
c. Solid waste from the extraction, beneficiation, and processing of ores and
minerals, including phosphate rock and overburden from the mining of uranium
ore.
d. Cement kiln dust waste.
2. If a waste disposal site for any of the wastes specified in subsection 1 is to be closed,
the owner or operator shall file a plat of the disposal site with the recorder of each
county in which the facility is located, together with a description of the wastes placed
in the site.