North Dakota Code § 23.1-04-16

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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.

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