Section 33.1-24-02-129 - Contingency planning and emergency procedures for facilities generating or accumulating more than six thousand kilograms of hazardous secondary materialA generator or an intermediate or reclamation facility operating under a verified recycler variance under subsection 4 of section 33.1-24-01-10 which generates or accumulates more than six thousand kilograms of hazardous secondary material shall comply with the following requirements:
1. Purpose and implementation of contingency plan. a. Each generator or an intermediate or reclamation facility operating under a verified recycler variance under subsection 4 of section 33.1-24-01-10 which accumulates more than six thousand kilograms of hazardous secondary material shall have a contingency plan for the facility. The contingency plan must be designed to minimize hazards to human health or the environment from fires, explosions, or any unplanned sudden or nonsudden release of hazardous secondary material or hazardous secondary material constituents to air, soil, or surface water. b. The provisions of the plan must be carried out immediately whenever there is a fire, explosion, or release of hazardous secondary material or hazardous secondary material constituents that could threaten human health or the environment.2. Content of contingency plan. a. The contingency plan must describe the actions facility personnel must take to comply with subsections 1 and 6 in response to fires, explosions, or any unplanned sudden or nonsudden release of hazardous secondary material or hazardous secondary material constituents to air, soil, or surface water at the facility.b. If the generator or an intermediate or reclamation facility operating under a verified recycler variance under subsection 4 of section 33.1-24-01-10 accumulating more than six thousand kilograms of hazardous secondary material has already prepared a spill prevention, control, and countermeasures plan in accordance with 40 CFR part 112, or some other emergency or contingency plan, the generator or an intermediate or reclamation facility need only amend that plan to incorporate hazardous waste management provisions that are sufficient to comply with the requirements of this section. The hazardous secondary material generator or an intermediate or reclamation facility operating under a verified recycler variance under subsection 4 of section 33.1-24-01-10 may develop one contingency plan which meets all regulatory requirements. The department recommends the plan be based on the National Response Team's Integrated Contingency Plan Guidance ("One Plan"). When modifications are made to nonhazardous waste provisions in an integrated contingency plan, the changes do not trigger the need for a hazardous waste permit modification.c. The plan must describe arrangements agreed to by local police departments, fire departments, hospitals, contractors, and state and local emergency response teams to coordinate emergency services, pursuant to subsection 6 of section 33.1-24-02-121.d. The plan must list names, addresses, and phone numbers (office and home) of all persons qualified to act as emergency coordinator (see subsection 5), and this list must be kept up to date. Where more than one person is listed, one must be named as primary emergency coordinator and others must be listed in the order in which they will assume responsibility as alternates.e. The plan must include a list of all emergency equipment at the facility (such as fire extinguishing systems, spill control equipment, communications and alarm systems (internal and external), and decontamination equipment), where this equipment is required. This list must be kept up to date. In addition, the plan must include the location and a physical description of each item on the list, and a brief outline of its capabilities.f. The plan must include an evacuation plan for facility personnel where there is a possibility that evacuation could be necessary. This plan must describe signals to be used to begin evacuation, evacuation routes, and alternate evacuation routes (in cases where the primary routes could be blocked by releases of hazardous secondary material, hazardous waste or fires).3. Copies of contingency plan. A copy of the contingency plan and all revisions to the plan must be: a. Maintained at the facility; andb. Submitted to all local police departments, fire departments, hospitals, and state and local emergency response teams that may be called upon to provide emergency services.4. Amendment of contingency plan. The contingency plan must be reviewed, and immediately amended, if necessary, whenever: a. Applicable regulations are revised;b. The plan fails in an emergency;c. The facility changes in its design, construction, operation, maintenance, or other circumstances, in a way that materially increases the potential for fires, explosions, or releases of hazardous secondary material or hazardous secondary material constituents, or changes the response necessary in an emergency;d. The list of emergency coordinators changes; ore. The list of emergency equipment changes.5. Emergency coordinator. At all times, there must be at least one employee either on the facility premises or on call (for example, available to respond to an emergency by reaching the facility within a short period of time) with the responsibility for coordinating all emergency response measures. This emergency coordinator must be thoroughly familiar with all aspects of the facility's contingency plan, all operations and activities at the facility, the location and characteristics of waste handled, the location of all records within the facility, and the facility layout. In addition, this person must have the authority to commit the resources needed to carry out the contingency plan. The emergency coordinator's responsibilities are more fully spelled out in subsection 6. Applicable responsibilities for the emergency coordinator vary, depending on factors such as type and variety of hazardous secondary materials handled by the facility, and type and complexity of the facility.6. Emergency procedures. a. Whenever there is an imminent or actual emergency situation, the emergency coordinator (or his designee when the emergency coordinator is on call) immediately shall: (1) Activate internal facility alarms or communication systems, where applicable, to notify all facility personnel; and(2) Notify appropriate state or local agencies with designated response roles if their help is needed.b. Whenever there is a release, fire, or explosion, the emergency coordinator immediately shall identify the character, exact source, amount, and areal extent of any released materials. The emergency coordinator may do this by observation or review of facility records or manifests and, if necessary, by chemical analysis.c. Concurrently, the emergency coordinator shall assess possible hazards to human health or the environment that may result from the release, fire, or explosion. This assessment must consider both direct and indirect effects of the release, fire, or explosion (for example, the effects of any toxic, irritating, or asphyxiating gases that are generated, or the effects of any hazardous surface water runoffs from water or chemical agents used to control fire and heat-induced explosions).d. If the emergency coordinator determines the facility has had a release, fire, or explosion that could threaten human health, or the environment, outside the facility, the emergency coordinator shall report the emergency coordinator's findings as follows: (1) If the emergency coordinator's assessment indicates evacuation of local areas may be advisable, the emergency coordinator immediately shall notify appropriate local authorities. The emergency coordinator shall be available to help appropriate officials decide whether local areas should be evacuated; and(2) The emergency coordinator immediately shall notify either the government official designated as the onscene coordinator for that geographical area, or the national response center (using their twenty-four-hour toll free number 800-424-8802). The report must include: (a) Name and telephone number of reporter;(b) Name and address of facility;(c) Time and type of incident (for example, release, fire);(d) Name and quantity of materials involved, to the extent known;(e) The extent of injuries, if any; and(f) The possible hazards to human health, or the environment, outside the facility.e. During an emergency, the emergency coordinator shall take all reasonable measures necessary to ensure that fires, explosions, and releases do not occur, recur, or spread to other hazardous secondary material at the facility. These measures must include, where applicable, stopping processes and operations, collecting and containing released material, and removing or isolating containers.f. If the facility stops operations in response to a fire, explosion, or release, the emergency coordinator shall monitor for leaks, pressure buildup, gas generation, or ruptures in valves, pipes, or other equipment, wherever this is appropriate.g. Immediately after an emergency, the emergency coordinator shall provide for treating, storing, or disposing of recovered secondary material, contaminated soil or surface water, or any other material that results from a release, fire, or explosion at the facility. Unless the hazardous secondary material generator can demonstrate, in accordance with subsection 3 or 4 of section 33.1-24-02-03, that the recovered material is not a hazardous waste, the owner or operator becomes a generator of hazardous waste and must manage it in accordance with all applicable requirements of chapters 33.1-24-03, 33.1-24-04, and subsection 5 of section 33.1-24-06-16.h. The emergency coordinator shall ensure that, in the affected areas of the facility: (1) No secondary material that may be incompatible with the released material is treated, stored, or disposed of until cleanup procedures are completed; and(2) All emergency equipment listed in the contingency plan is cleaned and fit for its intended use before operations are resumed.i. The hazardous secondary material generator shall note in the operating record the time, date, and details of any incident that requires implementing the contingency plan. Within fifteen days after the incident, the hazardous secondary material generator shall submit a written report on the incident to the department. The report must include: (1) Name, address, and telephone number of the hazardous secondary material generator;(2) Name, address, and telephone number of the facility;(3) Date, time, and type of incident (for example, fire, explosion);(4) Name and quantity of materials involved;(5) The extent of injuries, if any;(6) An assessment of actual or potential hazards to human health or the environment, where this is applicable; and(7) Estimated quantity and disposition of recovered material that resulted from the incident.7. Personnel training. All employees must be thoroughly familiar with proper waste handling and emergency procedures relevant to their responsibilities during normal facility operations and emergencies.N.D. Admin Code 33.1-24-02-129
Adopted by Administrative Rules Supplement 370, October 2018, effective 1/1/2019.Amended by Administrative Rules Supplement 2020-377, July 2020, effective 7/1/2020.General Authority: NDCC 23.1-04-03; S.L. 2017, ch. 199, § 1
Law Implemented: NDCC 23.1-04-03, 23.1-04-05; S.L. 2017, ch. 199, § 19