Section 33.1-10-23-08 - Disposal and transfer of waste for disposal1. Each person subject to this chapter's general and specific licensing requirements shall manage and dispose of wastes containing TENORM: a. By transfer of the wastes for storage, treatment, or disposal at a facility authorized to accept wastes containing TENORM by the department or other applicable state or federal agency; b. By transfer for disposal in another state as otherwise approved by the applicable governmental authority; orc. In accordance with alternate methods authorized by the department or other applicable state or federal agency.2. Containers: a. TENORM waste shall be kept in a leak-proof container.b. The licensee shall use a container made of, or lined with, materials that will not react with, or be incompatible with the TENORM waste to be stored so that the ability of the container to contain the waste is not impaired or compromised.c. A container containing TENORM waste shall always be closed or covered to prevent loss of material and entrance of outside elements during storage or while in transport, except when it is necessary to add or remove waste.d. A container containing TENORM waste shall not be opened, handled, or stored in a manner that may rupture the container or cause it to leak.e. At least quarterly, the licensee shall inspect areas where containers of TENORM waste are stored, looking for leaking or deteriorating containers or containment systems.f. All containers of TENORM waste shall be stacked in such a manner that each container identification label can be read from the access aisle or area.g. Each container of TENORM waste shall be labeled with the following information prior to storage: (1) Name and address of generator.(2) Type of material (e.g., sludge, scale, dirt, scrap metal, etc.).(4) Labeled as radioactive material. h. Records of inspections shall be maintained by the licensee for inspection by the department for five years.3. Tanks containing TENORM. The licensee shall develop a schedule and procedure for assessing the condition of each tank containing TENORM waste. The schedule and procedure must be adequate to detect cracks, leaks, corrosion, and erosion that may lead to cracks, leaks, or wall thinning to less than the required thickness to maintain vessel integrity. Procedures for emptying a tank to allow entry, procedures for personnel protection, and inspection of the interior must be established when necessary to detect corrosion of the tank sides and bottom. The frequency of these inspections shall be performed at intervals not to exceed twelve months. Records shall be maintained for a period of five years.
4. Each shipment of TENORM shall be accompanied by a manifest containing all of the following information prior to leaving the licensee's site: a. The licensee's (generator's) name, physical site address, and telephone number;b. The name, address, telephone number, and radioactive material license number of each transporter;c. The name, address, and telephone number of the designated disposal facility;d. The description of the waste material; ande. The total quantity of all TENORM waste by units of weight in tons or cubic yards and the number and type of containers.5. The following certification must appear on the manifest and be signed and dated by the licensee as follows: "I hereby declare that the contents of this consignment are fully and accurately described above by the proper shipping name and are classified, packed, marked, and labeled, and are in all respects in proper condition for transport according to applicable international and national government regulations."
6. The licensee shall:a. Sign and date the manifest upon initial transporter acceptance of the waste material;b. Obtain the signature of the initial transporter and date of the acceptance of the manifest;c. Retain one copy for a period of not less than three years;d. Provide the initial transporter the remaining copies of the manifest; ande. Receive the fully signed copy of the manifest from the designated disposal facility within forty-five days from the delivery to the initial transporter. In the event the licensee does not receive the signed manifest within this period, the licensee shall: (1) Notify the department within seven days;(2) Conduct an investigation into the reason the manifest was not received; and(3) Report the results of the investigation to the department within thirty days.7. The licensee shall file with the department a quarterly summary report stating the date, type, and total quantity by weight in tons or cubic yards, generator and final disposal facility of each TENORM transferred. Each report shall be filed within thirty days of the end of each quarter. If no transfers of TENORM have been made during the reporting period, the report must so indicate. Quarterly summary reports shall be maintained for a period of three years.N.D. Admin Code 33.1-10-23-08
Adopted by Administrative Rules Supplement 370, October 2018, effective 1/1/2019.General Authority: NDCC 23.1-03-04; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-03-03, 23.1-03-04; S.L. 2017, ch. 199, § 18