# Title 33.1 — Department of Environmental Quality

## Article 33.1-20 — Solid Waste Management and Land Protection

## Chapter 33.1-20-01.1 — General Provisions

### § 33.1-20-01.1-01. Purpose.

It is the purpose of this article to provide performance criteria and standards for the management of
solid waste in a manner that will control nuisance and litter, protect the public health, safety, and
welfare, and prevent or minimize injury of environmental resources from exposure to solid waste or
constituents of solid waste.
History: Effective January 1, 2019.
General Authority: NDCC 23.1-08-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-08-03; S.L. 2017, ch. 199, § 23
### § 33.1-20-01.1-02. Applicability.

Any person who operates or proposes to operate any type of solid waste management system,
unit, or facility and any person who transports solid waste, is subject to the provisions of this article.
This article does not apply to the following:
1. The management of hazardous waste at hazardous waste management units or facilities as
defined by chapter 33.1-24-01;
2. Solid waste management units which do not receive solid waste after October 9, 1993, except
closure standards apply;
3. Recycled agricultural material;
4. The disposal of household waste generated by any individual who resides on unplatted land in
unincorporated areas of this state, on that person's property, unless handling of this waste is
not in keeping with the purpose of this article;
5. The beneficial use or reuse of materials, substances, energy, or other products derived from a
resource recovery activity;
6. Additional exemptions of certain requirements as specified in provisions of this article; or
7. Agricultural waste from a farming operation that is disposed on land owned by the farming
operation and which is not likely to pollute the waters of the state.

History: Effective January 1, 2019.
General Authority: NDCC 23.1-08-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-08-03, 23.1-08-09, 23.1-08-22; S.L. 2017, ch. 199, § 23
### § 33.1-20-01.1-03. Definitions.

The terms used throughout this article have the same meaning as in North Dakota Century Code
chapter 23.1-08, except:
1. "Acre foot" means the volume of one acre [0.40 hectares] of surface area to a depth of one
foot [30.5 centimeters].
2. "Agricultural processing operation" means a facility that processes crops, livestock, or other
agricultural products in preparation for wholesale or retail sale to the public such as meat
packing, the milling of grain, the selling of livestock by licensed livestock auction facilities, or
other similar activities.
3. "Agricultural waste" means solid waste derived from the production and processing of crops
and livestock such as manure, spoiled grain, grain screenings, undigested rumen material,
livestock carcasses, fertilizer, and fertilizer containers, but does not include pesticide waste or
pesticide containers.
4. "Airport" means a public-use airport open to the public without prior permission and without
restrictions within the physical capacities of available facilities.
5. "Aquifer" means a geological formation, group of formations, or portion of formation capable of
yielding significant quantities of ground water to wells or springs.
6. "Area-capacity curves" means graphic curves that readily show the reservoir water surface
area, in acres, at different elevations from the bottom of the reservoir to the maximum water
surface, and the capacity or volume, in acre-feet, of the water contained in the reservoir at
various elevations.
7. "Areas susceptible to mass movement" means those areas of influence (i.e., areas
characterized as having an active or substantial possibility of mass movement) where,
because of natural or human-induced events, the movement of earthen material at, beneath,
or adjacent to the solid waste management unit results in the downslope transport of soil and
rock material by means of gravitational influence. Areas of mass movement include landslides,
avalanches, debris slides and flows, soil fluctuation, block sliding, and rock fall.
8. "Beneficial use" means use of a solid waste or residual either in a manufacturing process to
make a product or as a substitute for a raw material or product provided such use of the solid
waste does not adversely impact human health or the environment. Beneficial use of CCR
must meet the conditions in subdivisions a through d and beneficial use of other solid wastes
or residuals must meet conditions in subdivisions a through c.
a. The solid waste or residual must provide a functional benefit;
b. The solid waste or residual must substitute for the use of a virgin material, conserving
natural resources that would otherwise need to be obtained through practices, such as
extraction;
c. The use of the solid waste or residual must meet relevant product specifications,
regulatory standards or design standards when available, and when such standards are
not available, the solid waste or residual is not used in excess quantities; and

d. When unencapsulated use of CCR or residual involving placement on the land of twelve
thousand four hundred tons or more in nonroadway applications, the user shall
demonstrate and keep records, and provide such documentation upon request, that
environmental releases to ground water, surface water, soil and air are comparable to or
lower than those from analogous products made without solid waste or residual, or that
environmental releases to ground water, surface water, soil and air will be at or below
relevant regulatory and health-based benchmarks for human and ecological receptors
during use.
9. "Closed unit" means a landfill or surface impoundment or a portion thereof that has received
solid waste for which closure is complete.
10. "Closure" means the taking of those actions to close and reclaim a solid waste management
unit or facility. Closure actions may include sloping filled areas to provide adequate drainage,
applying final cover, providing erosion control measures, grading and seeding, installing
monitoring devices, constructing surface water control structures, installing gas control
systems, and measures necessary to secure the site.
11. "Coal combustion residuals (CCR)" means fly ash, bottom ash, boiler slag, and flue gas
desulfurization materials generated from burning coal for the purpose of generating electricity
by electric utilities and independent power producers. Coal combustion residuals is a subset of
special waste.
12. "Commercial waste" means solid waste generated by stores, offices, restaurants,
warehouses, and other nonmanufacturing activities exclusive of household waste, industrial
waste, and special waste.
13. "Compliance boundary" means the vertical planar surface that extends downward into the
uppermost aquifer and that circumscribes the waste management units at which water quality
standards or maximum concentration limits apply.
14. "Composting" means the controlled biological decomposition of organic solid waste under
aerobic conditions.
15. "Contouring" means the placement of material to provide a continuous downward slope on the
surface of a drainage area, except for erosion control features (e.g., swales, contour banks).
16. "Detachable container" means a reusable container for the collection, storage, or
transportation of solid waste that is mechanically loaded or handled (for example, "dumpsters"
and "rolloffs").
17. "Dike" means an embankment, berm, or ridge of either natural or manmade materials used to
prevent the movement of liquids, sludges, solids, or other materials.
18. "Displacement" means the relative movement of any two sides of a fault measured in any
direction.
19. "Downstream toe" means the junction of the downstream slope or face of the surface
impoundment with the ground surface.
20. "Drop box facility" means a facility used for the placement of a detachable container including
the area adjacent for necessary entrance and exit roads, unloading, and turn-around areas.
Drop box facilities normally serve the general public with loose loads and receive solid waste
from off-site.
21. "Encapsulated beneficial use" means a beneficial use of solid waste that binds the solid waste
into a solid matrix that minimizes its mobilization into the surrounding environment.

22. "Engineered slope protection measures" means nonvegetative cover systems, which include
rock riprap, concrete revetments, vegetated wave berms, concrete facing, gabions,
geotextiles, or fascines.
23. "Existing unit" means a landfill or surface impoundment or a portion thereof that is receiving or
has received solid waste for which closure has not been completed.
24. "Facility" means all contiguous land and structures, other appurtenances, and improvements
on land which include one or more solid waste management units, such as a transfer station,
solid waste storage building, a solid waste processing system, a resource recovery system, an
incinerator, a surface impoundment, a surface waste pile, a land treatment area, or a landfill. A
facility may or may not be used solely for solid waste management.
25. "Factor of safety (safety factor)" means the ratio of the forces tending to resist the failure of a
structure to the forces tending to cause such failure as determined by accepted engineering
practice.
26. "Farming operation" means the production or raising of crops or livestock. Production or
raising of crops or livestock includes the following:
a. Cultivating, growing, or harvesting agricultural crops;
b. Breeding, feeding, grazing, or finishing of livestock; or
c. Raising or producing poultry or unprocessed poultry products, unprocessed milk or dairy
products, unprocessed livestock products such as wool, or unprocessed fruits,
vegetables, or other horticultural products.
The term "farming operation" includes any animal feeding operation regulated under North
Dakota Century Code chapter 61-28 or North Dakota Administrative Code chapter
soils as recycled agricultural material, but does not include an animal feeding operation that
generates manure or other residual agricultural material that is discarded as agricultural
waste. The term "farming operation" does not include any processing of crops, livestock, or
other agricultural products by an agricultural processing operation.
27. "Fault" means a fracture or a zone of fractures in any material along which strata on one side
have been displaced with respect to that on the other side.
28. "Final cover" means any combination of compacted or uncompacted earthen material,
synthetic material, and suitable plant growth material which, after closure, will be permanently
exposed to the weather and which is spread on the top and side slopes of a landfill or facility.
29. "Floodplain" means the lowland and relatively flat areas adjoining inland and coastal waters
that are inundated by an one hundred-year flood.
30. "Flood hydrograph" means a graph showing, for a given point on a stream, the discharge,
height, or other characteristic of a flood as a function of time.
31. "Freeboard" means the vertical distance between the lowest point on the crest of the
impoundment dike and the surface of the waste contained therein.
32. "Free liquid" means the liquid which separates from the solid portion of a solid waste under
ambient pressure and normal, above freezing temperature. The environmental protection
agency paint filter liquids test method or visual evidence must be used to determine if a waste
contains free liquid.

33. "Fugitive dust" means solid airborne particulate matter that contains or is derived from solid
waste, emitted from any source other than a stack or chimney.
34. "Garbage" means putrescible solid waste such as animal and vegetable waste resulting from
the handling, preparation, cooking, and consumption of food, including wastes from markets,
storage facilities, and processing plants.
35. "Gas condensate" means the liquid generated as a result of gas recovery processes at a
landfill disposal unit.
36. "General permit" means a regional or statewide permit issued by the department for a
specified category of beneficial use, processing or treatment of solid waste, the terms and
conditions of which allow a person to operate under the permit if the terms and conditions of
the permit and requirements of this article are met.
37. "Grassy vegetation" means vegetation that creates a continuous dense cover that prevents
erosion and deterioration of the surface of the slope or pertinent surrounding areas, thereby
preventing deterioration of the surface and develops shallow roots that do not penetrate the
slopes or pertinent surrounding areas of the solid waste unit to a substantial depth and do not
introduce the potential of internal erosion or risk of uprooting.
38. "Ground water" means water below the land surface in a geologic unit in which soil pores are
filled with water and the pressure of that water is equal to or greater than atmospheric
pressure. This definition does not apply to the regulation of CCR.
39. "Hazardous waste" has the meaning given by North Dakota Century Code section 23.1-04-02
and further defined in North Dakota Administrative Code chapter 33.1-24-02.
40. "Holocene" means the most recent epoch of the Quaternary period, extending from the end of
the Pleistocene Epoch, at eleven thousand seven hundred years before present, to present.
41. "Household waste" means solid waste, such as trash and garbage, normally derived from
households, single and multiple residences, hotels and motels, bunkhouses, ranger stations,
crew quarters, campgrounds, picnic grounds, and day use recreation areas.
42. "Hydraulic conductivity" means the rate at which water can move through a permeable
medium (i.e., the coefficient of permeability).
43. "Incinerator" has the meaning given by section 33.1-15-01-04.
44. "Incised surface impoundment" means a surface impoundment which is constructed by
excavating entirely below the natural ground surface, holds an accumulation of solid waste
entirely below the adjacent natural ground surface, and does not consist of any constructed
diked portion.
45. "Industrial waste" has the same meaning as in North Dakota Century Code section
23.1-08-02. Such waste may include residues or spills of any industrial or manufacturing
process and waste resulting from the following: fertilizer/agricultural chemicals; food and
related products/byproducts; inorganic chemicals; iron and steel manufacturing; leather and
leather products; nonferrous metals manufacturing/foundries; organic chemicals; plastics and
resins manufacturing; pulp and paper industry; rubber and miscellaneous plastic products;
textile manufacturing; transportation equipment; petroleum refining; and the combustion of
municipal waste or regulated infectious waste.
46. "Inert waste" means nonputrescible solid waste which will not generally contaminate water or
form a contaminated leachate. Inert waste does not serve as food for vectors. Inert waste
includes: construction and demolition material such as metal, wood, bricks, masonry and

cement concrete; asphalt concrete; metal; tree branches; bottom ash from coal-fired boilers
that is not CCR; and waste coal fines from air pollution control equipment.
47. "Inflow design flood" means the flood hydrograph that is used in the design or modification of
the surface impoundments and its appurtenant works.
48. "Land treatment" means the controlled application of solid waste, excluding application of
animal manure, into the surface soil to alter the physical, chemical, and biological properties of
the waste.
49. "Landfill" has the meaning given by North Dakota Century Code section 23.1-08-02 and that is
not a land treatment unit, surface impoundment, injection well, or waste pile.
50. "Lateral expansion" means a horizontal extension of the waste boundaries of an existing solid
waste disposal unit. This applies to an existing CCR landfill or existing CCR surface
impoundment for lateral expansions made after October 19, 2015.
51. "Leachate" means a liquid that has passed through or emerged from solid waste and contains
soluble, suspended, or miscible materials removed from such waste.
52. "Leachate removal system" means any combination of landfill base slopes, liners, permeable
zones, pipes, detection systems, sumps, pumps, holding areas or retention structures,
treatment systems, or other features that are designed, constructed, and maintained to
contain, collect, detect, remove, and treat leachate.
53. "Liquefaction factor of safety" means the factor of safety (safety factor) determined using
analysis under liquefaction conditions.
54. "Lithified earth material" means all rock, including all naturally occurring and naturally formed
aggregates or masses of minerals or small particles of older rock that formed by crystallization
of magma or by induration of loose sediments. This term does not include manmade
materials, such as fill, concrete, and asphalt, or unconsolidated earth materials, soil, or
regolith lying at or near the earth surface.
55. "Lower explosive limit" means the lowest percent by volume of a mixture of explosive gases in
air that will propagate a flame at twenty-five degrees Celsius [77 degrees Fahrenheit].
56. "Municipal waste incinerator ash" means the residue produced by the incineration or
gasification of municipal waste.
57. "Nutrient management plan" means a plan prepared by any animal feeding operation
regulated under North Dakota Century Code chapter 61-28 or North Dakota Administrative
Code chapter 33.1-16-03, or by any agricultural processing operation. This plan must be
submitted to the department for approval and describe the method and schedule by which the
recycled agricultural materials generated or stored by the operation are recycled or applied to
the land at appropriate agronomic rates as nutrients or fertilizers, rather than discarded as
agricultural waste. An approved nutrient management plan must address water pollution, odor,
and other environmental and public health problems that are relevant because of size,
location, or other environmental factors, and may include the following elements:
a. Recycled agricultural material handling and storage, including construction and
maintenance of buildings, feedlots, collection systems, storage systems with adequate
storage and integrity, and diversion of runoff and flowing surface water from contact with
the storage systems and the recycled agricultural material;
b. Land application of recycled agricultural material, including soils testing, transportation,
timing and methods of application, and nutrient management;

c. Conservation management practices, including injection or tillage of the recycled
agricultural materials into the soils, crop residue and pasture management practices, use
of conservation buffers, and other conservation practices that prevent water pollution
from land application of recycled agricultural materials;
d. Recordkeeping and submittal of an annual report to the department by March first of
each year, including the place, date, and amount of recycled agricultural material applied
per acre, plus records of any testing;
e. Feed management; and
f. Other utilization options where residual agricultural materials are recycled.
58. "Operator" means the person responsible for the overall operation of a facility or part of a
facility.
59. "Owner" means the person who owns a facility or part of a facility.
60. "Pilot project" means a restricted solid waste operation at an existing or new facility where the
specific purpose is to demonstrate or test new and innovative methods of treating, handling, or
beneficially using solid waste materials or investigate an alternative solid waste feedstock for a
previously recognized beneficial use.
61. "Plan of operation" means the written plan developed by an owner or operator of a facility
detailing how a facility is to be operated during its active life.
62. "Postclosure period" means the period of time following closure of a solid waste management
unit during which the owner or operator must perform postclosure activities.
63. "Probable maximum flood" means the flood that may be expected from the most severe
combination of critical meteorologic and hydrologic conditions that are reasonably possible in
the drainage basin.
64. "Processing" means an operation designed to separate, shred, compress, or otherwise modify
a recyclable material to facilitate the transport or resource recovery of the material.
65. "Qualified environmental professional" means a person who possesses sufficient specific
education, training, and experience necessary to exercise professional judgment to develop
opinions and conclusions regarding conditions indicative of releases or threatened releases to
the environment. Such a person must:
a. Be licensed or certified by a nationally recognized accreditation program (contingent
upon prior approval by the department) and have the equivalent of three years of full-time
relevant experience; or
b. Have a baccalaureate or higher degree from an accredited institution of higher education
in a discipline of engineering or science and the equivalent of five years of full-time
relevant experience.
66. "Qualified professional engineer" means a professional engineer, as defined in subsection 10
of North Dakota Century Code section 43-19.1-02, who is qualified by education, technical
knowledge, and experience to make the specific technical certifications required under this
article. Professional engineers making these certifications must be currently licensed in the
state of North Dakota.
67. "Radioactive waste" means solid waste containing radioactive material and subject to the
requirements of article 33.1-10.

68. "Recognized and generally accepted good engineering practices" means engineering
maintenance or operation activities based on established codes, widely accepted standards,
published technical reports, or a practice widely recommended throughout the industry. Such
practices generally detail approved ways to perform specific engineering, inspection, or
mechanical integrity activities.
69. "Recyclable material" means a solid waste material that has been segregated for recycling or
converted into a raw material, substitute for a raw material, or a commodity.
70. "Recycled agricultural material" means agricultural waste generated by a farming operation or
agricultural processing operation that is recycled or applied to soils as a nutrient or as a
fertilizer at appropriate agronomic rates, or that is left in place on soils during harvesting,
grazing, or other similar agricultural activities. Recycled agricultural materials also include:
a. Material, including manure, generated by any animal feeding operation regulated under
North Dakota Century Code chapter 61-28 or North Dakota Administrative Code chapter
material is stored in a manner that is not likely to pollute the waters of the state, and
recycled or applied to soils as nutrients or fertilizers in accordance with an approved
nutrient management plan; or
b. Material, including manure, generated by any agricultural processing operation that is
stored in a manner that is not likely to pollute the waters of the state, and recycled or
applied to soils as nutrients or fertilizers in accordance with an approved nutrient
management plan.
Recycled agricultural material does not include agricultural waste that is discarded as
garbage, refuse, or other solid waste.
71. "Recycling" means collecting, sorting, or recovering material that would otherwise be solid
waste and performing all or part of a method or technique, including processing, to create a
recyclable material.
72. "Representative sample" means a sample of a universe or whole (e.g., waste pile, lagoon and
ground water) which can be expected to exhibit the average properties of the universe or
whole.
73. "Runoff" means any snowmelt, rainwater, leachate, or other liquid that drains from any part of
a facility over another part of the facility or over land adjoining the facility.
74. "Run-on" means any snowmelt, rainwater, or other liquid that drains from land adjoining a
facility onto any part of the facility or that drains from one part of the facility onto another part
of the facility.
75. "Sand and gravel pit or quarry" means an excavation for the extraction of aggregate, minerals,
or metals. The term sand and gravel pit or quarry does not include subsurface or surface coal
mines.
76. "Scavenging" means uncontrolled removal of solid waste materials from any solid waste
management facility.
77. "Sequential partial closure" means bringing discrete, usually adjacent, portions of a disposal
facility to elevation and grade in an orderly, continually progressing process as part of the
operations of the facility for facilitating closure.
78. "Sludge" means solid waste in a semisolid form consisting of a mixture of solids and water,
oils, or other liquids.

79. "Solid waste management unit" means any discernible unit at which solid wastes have been
placed at any time, for the management of solid waste, such as a transfer station, solid waste
storage building, a solid waste processing system, a resource recovery system, an incinerator,
a surface impoundment, a surface waste pile, a land treatment area, or a landfill. A solid waste
management unit may consist of multiple components that serve the same function within a
facility, such as multiple surface impoundments or waste holding tanks.
80. "Static factor of safety" means the factor of safety (safety factor) determined using analysis
under the long-term, maximum storage pool loading condition, the maximum surcharge pool
loading condition, and under the end-of-construction loading condition.
81. "Structural components" means liners, leachate collection and removal systems, final covers,
run-on and run-off systems, inflow design flood controls systems, and any other component
used in the construction and operation of the solid waste management unit that is necessary
to ensure the integrity of the unit and that the contents of the unit are not released into the
environment.
82. "Suitable plant growth material" means that soil material (normally the A and the upper portion
of B horizons which are dark colored due to organic staining) which, based upon a soil survey,
is acceptable as a medium for plant growth when respread on the surface of regraded areas.
83. "Surface impoundment" means a human-made excavation, diked area, or natural topographic
depression designed to hold an accumulation of leachate, solid waste which is liquid, liquid
bearing, or sludge for containment, treatment, or disposal.
84. "Technologically enhanced naturally occurring radioactive material (TENORM)" means
naturally occurring radioactive material whose radionuclide concentrations are increased by or
as a result of past or present human practices. TENORM does not include background
radiation or the natural radioactivity of rocks or soils. TENORM does not include "source
material" and "byproduct material" as both are defined in the Atomic Energy Act of 1954, as
amended [42 U.S.C. 2011 et seq.] and relevant regulations implemented by the United States
nuclear regulatory commission.
85. "Transfer station" means a site or building used to transfer solid waste from a vehicle or a
container, such as a rolloff box, into another vehicle or container for transport to another
facility.
86. "Treatment" means a method or process designed to change the physical, chemical, or
biological character or composition of a solid waste or leachate so as to neutralize the waste
or leachate or so as to render the waste or leachate safer for public health or environmental
resources during transport, storage, beneficial reuse, or disposal. The term does not include
resource recovery.
87. "Unstable area" means a location that is susceptible to natural or human-induced events or
forces capable of impairing the integrity, including structural components of some or all of the
solid waste management unit that are responsible for preventing releases from such unit.
Unstable areas can include poor foundation conditions and areas susceptible to mass
movements.
88. "Uppermost aquifer" means the geologic formation nearest the natural ground surface that is
an aquifer, as well as lower aquifers that are hydraulically interconnected with this aquifer
within the facility's property boundary. Upper limit is measured at a point nearest to the natural
ground surface to which the aquifer rises during the wet season.
89. "Used oil" means any oil that has been refined from crude oil, or any synthetic oil, that has
been used and as a result of such use is contaminated by physical or chemical impurities.

90. "Vegetative height" means the linear distance between the ground surface where the
vegetation penetrates the ground surface and the outermost growth point of the vegetation.
91. "Waste boundary" means a vertical surface located at the hydraulically downgradient limit of
the solid waste management unit. The vertical surface extends down into the uppermost
aquifer.
92. "Waste pile or pile" means any noncontainerized accumulation of nonflowing solid waste.
93. "Wetlands" means those areas that are inundated or saturated by surface or ground water at a
frequency and duration sufficient to support, and that under normal circumstances do support,
a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands
generally include swamps, marshes, bogs, and similar areas.
94. "Woody vegetation" means vegetation that develops woody trunks, root balls, or root systems
that can penetrate the slopes or pertinent surrounding areas of the solid waste unit to a
substantial depth and introduce the potential of internal erosion or risk of uprooting.
History: Effective January 1, 2019; amended effective July 1, 2020; October 1, 2024.
General Authority: NDCC 23.1-08-03, 61-28-04; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-08-03, 61-28-04; S.L. 2017, ch. 199, § 23
### § 33.1-20-01.1-04. Care and disposal of solid waste.

1. Any person who owns or operates any premises, business establishment, or industry is
responsible for the solid waste management activities, such as storage, transportation,
resource recovery, or disposal, of solid waste generated or managed at that person's
premises, business establishment, or industry.
2. No solid waste may be delivered to a facility which is not in compliance with this article or
abandoned upon any street, alley, highway, public place, or private premises.
3. Solid waste must be stored, collected, and transported in a manner that provides for public
safety, prevents uncontrolled introduction into the environment, and minimizes harborage for
insects, rats, or other vermin.
4. Except in unincorporated areas of this state, household waste must be removed from the
premises or containers at regular intervals not to exceed seven days and transported to a
solid waste management unit or facility.
5. Used oil, lead-acid batteries, major appliances, wind turbine blades, and scrap metal may not
be collected or transported for disposal to any solid waste disposal unit or facility unless such
unit or facility has provision for intermediate storage and recycling of these materials and all
such materials are appropriately segregated for recycling.
History: Effective January 1, 2019; amended effective October 1, 2024.
General Authority: NDCC 23.1-08-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-08-03; S.L. 2017, ch. 199, § 23
### § 33.1-20-01.1-04.1. Storage containers and areas.

All household wastes are to be stored in the manner provided by this section.
1. Storage containers.
a. Single-use containers.

(1) Single-use containers, such as paper or plastic bags, liners, or cartons, must have a
maximum capacity of thirty-two gallons [121.1 liters] unless otherwise allowed by
the local unit of government, must be leakproof and must be puncture resistant.
Paper bags must be specifically designed for solid waste containment or disposal.
(2) Paper containers may not be used for outside storage unless supported by
wall-mounted or freestanding holders or frames. When filled, the container top must
be tied, stapled, or crimped to completely confine the contents.
b. Residential containers.
(1) Reusable residential containers must be rigid and durable, nonabsorbent,
watertight, tapered, corrosion resistant, rodentproof, easily cleanable, and have a
flytight cover. These containers must be covered except when adding or removing
waste.
(2) Residential containers must have a maximum capacity of thirty-two gallons
[121.1 liters] if collected manually. Residential containers used with automated
collection vehicles may be larger than thirty-two gallons [121.1 liters].
(3) When residential containers are kept in the outdoor environment, storage racks or
supports must be provided to minimize corrosion, to prevent breeding of insects,
and to prevent rodent harborage. The bottom of the racks or supports must be at
least one foot [30.5 centimeters] above ground level. The covers may be chained to
the rack or to a permanent structure.
c. Bulk containers. Bulk containers or detachable containers, such as dumpsters, must be
constructed of rigid and durable, rust-resistant and corrosion-resistant material, be
equipped with tight-fitting lids or doors to prevent entrance of insects or rodents, and
must be leakproof. Lids and covers must be closed except when adding or removing
waste.
2. Enclosed storage areas.
a. Storage rooms, buildings, or areas must be of rodentproof construction which is readily
cleanable with proper drainage.
b. Storage rooms or buildings, if not refrigerated, must be adequately vented and all
openings must be screened.
3. Maintenance of containers and enclosed storage areas.
a. All containers and enclosed areas for storage of solid waste must be maintained in good
repair and in a manner as necessary to prevent litter, nuisances, odors, insect breeding,
and rodents.
b. Containers that are broken or otherwise fail to meet requirements of this section must be
replaced with complying containers.
4. Unconfined waste. Unless special service or special equipment is provided by the collector
for handling unconfined waste materials such as trash, brush, leaves, tree cuttings,
newspapers and magazines, and other debris for manual pickup and collection, these
materials must be in securely tied bundles or in boxes, bags, or other receptacles and solid
waste so bundled may not exceed fifty pounds [22.7 kilograms] in weight and four feet
[1.8 meters] in length. Such wastes may not be placed out for collection twenty-four hours
before scheduled pickup.

History: Effective January 1, 2019; amended effective October 1, 2024.
General Authority: NDCC 23.1-08-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-08-03; S.L. 2017, ch. 199, § 23
### § 33.1-20-01.1-05. Collection and transportation vehicles.

1. Vehicles used for the commercial collection and transportation of any residue, sludge,
agricultural, inert, industrial waste, or special waste must be loaded and moved in such a
manner that the contents will not fall, leak, or spill therefrom. Where spillage does occur, the
collector or transporter shall immediately return spilled waste to the vehicle or container and, if
necessary, clean and decontaminate the area.
2. Vehicles used for the commercial collection and transportation of regulated infectious waste,
household waste, or municipal waste incinerator ash must be fully leakproof and fully enclosed
or covered to prevent scattering of material. Regulated infectious waste may not be subject to
mechanical stress or compaction during loading, unloading, and transit. Where spillage does
occur, the collector or transporter shall immediately return spilled waste to the vehicle or
container and, if necessary, clean and decontaminate the area.
3. The cargo-carrying body of a vehicle used for commercial collection or transportation of solid
waste must be maintained in good repair and in sanitary condition.
History: Effective January 1, 2019; amended effective October 1, 2024.
General Authority: NDCC 23.1-08-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-08-03; S.L. 2017, ch. 199, § 23
### § 33.1-20-01.1-06. Hazardous waste.

The management of hazardous waste is regulated under article 33.1-24, except as otherwise
provided in this article and section.
1. Containers having hazardous waste in excess of normal household quantities, which are not
managed under article 33.1-24, must be marked to designate the content as toxic, explosive,
or otherwise hazardous in a manner designed to give adequate warning to any person
conducting the collection, transport, resource recovery, or disposal of the waste.
2. Every person who transports hazardous waste shall have a valid solid waste transporters
permit, unless exempted by section 33.1-20-02.1-01.
3. Owners and operators of disposal, resource recovery, or solid waste processing facilities
knowingly may not store, treat, handle, or dispose of hazardous waste in amounts that are in
excess of quantities normally in household waste, unless the requirements of article 33.1-24
are met.
History: Effective January 1, 2019; amended effective October 1, 2024.
General Authority: NDCC 23.1-08-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-08-03; S.L. 2017, ch. 199, § 23
### § 33.1-20-01.1-07. Pesticide waste.

Every person who handles surplus agricultural pesticides and pesticide containers shall comply
with this article, section 33.1-15-10-02, and North Dakota Century Code section 4.1-33-17. Surplus
pesticides may not be discarded in any manner which endangers humans, animals, and the
environment. Pesticide containers must be drained empty according to label directions and power or
triple rinsed before processing or disposal.
History: Effective January 1, 2019.

General Authority: NDCC 23.1-08-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-08-03; S.L. 2017, ch. 199, § 23
### § 33.1-20-01.1-08. Asbestos waste.

Every person who handles and disposes of asbestos waste shall comply with section
History: Effective January 1, 2019.
General Authority: NDCC 23.1-08-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-08-03; S.L. 2017, ch. 199, § 23
### § 33.1-20-01.1-09. Radioactive waste.

Every person who handles and disposes of radioactive waste shall comply with article 33.1-10.
Every person who handles and disposes of TENORM shall also comply with the applicable
requirements of this article.
History: Effective January 1, 2019.
General Authority: NDCC 23.1-03-04, 23.1-08-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-03-04, 23.1-08-03; S.L. 2017, ch. 199, §§ 18, 23
### § 33.1-20-01.1-10. [Reserved].

### § 33.1-20-01.1-11. Industrial waste and special waste.

Every person who generates industrial waste or special waste or who operates a landfill for
disposal of municipal waste, industrial waste, or special waste shall comply with this article and this
section.
1. Industrial waste, except as provided by subsection 3:
a. May be codisposed with municipal waste in a municipal waste landfill in amounts less
than or equal to ten percent by month of the weight of the municipal waste, except that
the accumulated amount of industrial waste must not exceed twenty thousand tons
[18,143.69 metric tons] per year or three thousand tons [2,721.55 metric tons] in any one
month; or
b. May be disposed in a landfill which complies with chapter 33.1-20-07.1, except that the
accumulated amount must not exceed twenty-five thousand tons [22,679.62 metric tons]
per year or three thousand tons [2,721.55 metric tons] in any one month unless larger
amounts in one month resulting from remediation of spills or cleanup projects are
approved by the department; or
c. Otherwise must be disposed in a landfill which complies with chapter 33.1-20-10 when
the amount exceeds twenty-five thousand tons [22,679.62 metric tons] per year.
2. The disposal of non-CCR special waste must comply with chapter 33.1-20-07.1 and the
disposal of CCR must comply with chapter 33.1-20-08.
3. The disposal of municipal solid waste (MSW) incinerator ash in an accumulated amount
greater than three thousand tons [2,721.55 metric tons] per year must comply with chapter
33.1-20-10.
History: Effective January 1, 2019; amended effective July 1, 2020.
General Authority: NDCC 23.1-08-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-08-03; S.L. 2017, ch. 199, § 23

### § 33.1-20-01.1-12. Waste treatment.

The department may require the treatment of a solid waste which may have incompatible
characteristics with another solid waste prior to or during codisposal or which may produce a
constituent in the waste's laboratory extract or leachate that exceeds twenty percent of a toxicity
standard provided by section 33.1-24-02-14 or ten parts per million polychlorinated biphenols. The
department must consider factors such as the site hydrogeological characteristics, toxicity of the waste,
anticipated leachate quality, mobility of waste constituents, fate of leachate constituents during
migration, potential site capacity, or local uses of waters of the state.
1. Treatment, when performed, must reduce:
a. Toxicity of the waste;
b. The mobility of constituents contained in or derived from the waste into leachate; or
c. Both the toxicity and mobility.
2. When treatment is required, the generator of the solid waste or the owner or operator of the
facility at which the waste would be treated must provide a demonstration of the treatment
technology for approval by the department.
3. An owner or operator may propose and demonstrate treatment of solid waste so as to remove
or separate toxic materials or constituents from the waste prior to disposal. In evaluating the
demonstration, the department shall consider such factors as technical feasibility; the
proposed management of the removed or separated waste materials or constituents; the
physical, chemical, and biological processes affecting fate and transport; relative degree of
removal of the toxic materials or constituents; or the resulting characteristics of the waste or
leachate. If the treatment achieves leachate concentrations of constituents in or derived from
the remaining waste which are less than the standards of article 33.1-16, the department may
reduce or waive one or more of the criteria of this article which are enumerated in one or more
of the following subdivisions:
a. The liner or hydraulic barrier.
b. The leachate removal system.
c. The site efficiency for collection or rejection of precipitation that falls on the landfill.
d. The ground water monitoring plan and system.
e. The plan of operation.
f. The postclosure plan and postclosure period.
g. Recordkeeping and reporting.
History: Effective January 1, 2019.
General Authority: NDCC 23.1-08-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-08-03; S.L. 2017, ch. 199, § 23
### § 33.1-20-01.1-13. Certified laboratory.

All waste, leachate, and water analysis required by article 33.1-20 must be conducted by a
laboratory approved by the department's certification procedures.
History: Effective January 1, 2019.
General Authority: NDCC 23.1-08-03; S.L. 2017, ch. 199, § 1

Law Implemented: NDCC 23.1-08-03; S.L. 2017, ch. 199, § 23
### § 33.1-20-01.1-14. Variances.

Whereupon written application the department finds that by reason of exceptional circumstances
strict conformity with any provisions of this article would cause undue hardship or would be
unreasonable, impractical, or not feasible under the circumstances, the department may permit a
variance from this article upon such conditions and within such time limitations as it may prescribe. The
department may not approve variances for CCR facilities or the handling of CCR.
History: Effective January 1, 2019; amended effective July 1, 2020; October 1, 2024.
General Authority: NDCC 23.1-08-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-08-03; S.L. 2017, ch. 199, § 23
