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B. Except where prohibited by federal or state law, all Waste must be incinerated. Even though a container may be considered "empty" within the meaning under 40 C.F.R. section 261.7, the container must still be incinerated unless prohibited by federal law. Contractor shall inform Department of any Waste that cannot be incinerated prior to any other treatment or disposal, and provide the legal authority and citation therefore. C. Final treatment or disposal means: (1) incineration in accordance with federal law at an EPA permitted facility; but if incineration is prohibited by federal law, then (2) treatment so that such Waste no longer meets the definition of a hazardous waste as defined in 40 C.F.R. 261 et. seq.; or (3) disposal of a Waste by a RCRA handling method specified in 40 C.F.R., ss 264 and 265. Interim treatment of the Waste such that the Waste still meets the definition of a hazardous waste as defined in 40 C.F.R. 261 et. seq. does not meet the definition of final treatment or disposal under this contract. Further, Contractor will comply with State's land disposal restrictions (reference N.DAC. sections 33-24-05-250 through 33-24-05-299 and 40 C.F.R.S 268). D. All facilities used for interim treatment or final treatment or disposal of Waste must have, as a minimum, an EPA/state approved interim status permit showing EPA hazardous waste numbers for each waste the facility is permitted to handle, as described by 40 C.F.R. 261 Subparts C and D. E. Mere acceptance of Waste at a properly permitted treatment, storage, or disposal facility does not meet the definition of final treatment or disposal under this contract. Contractor shall obtain all necessary documentation to prove that the final treatment or disposal has been accomplished. F. The facilities that will be used for final treatment or disposal must comply with 40 C.F.R. SS 264 and 265. G. Contractor will notify Department of any circumstances that cause facility delays in achieving final treatment or disposal. 41. LAND DISPOSAL RESTRICTIONS AND TREATMENT STANDARDS Contractor will comply with all state and EPA land disposal restrictions and treatment standards. Contractor will prepare all land disposal restriction documentation. Although North Dakota has adopted the Universal Waste Rule, this contract will not allow use of this rule. Therefore, all Waste collected will be managed as hazardous waste in accordance with North Dakota Hazardous Waste Management Rules, which requires appropriate packaging, labeling, manifesting, spill response, transportation, and record keeping and all other appropriate considerations pertaining to the management of hazardous waste. 19