128 Neb. Admin. Code, ch. 10, § 001

Current through September 17, 2024

Section 128-10-001 - Applicability

All of the requirements of this chapter apply to large quantity generators. As specified in Chapter 8 and 9, certain provisions of this chapter apply to small quantity generators and conditionally exempt generators. A large quantity generator is a generator who generates in a calendar month 1,000 kilograms or more of hazardous waste.

001.01 If a large quantity generator, small quantity generator or conditionally exempt generator generates or accumulates acute hazardous waste in quantities greater than those set out below, all quantities of the acute hazardous waste are subject to this Chapter.

001.01A A total of one kilogram of acute hazardous waste listed in Chapter 3, 013, through 016.

001.01B A total of 100 kilograms of any residue or contaminated soil, water or other debris resulting from the clean-up of a spill, into or on any land or water, of any acute hazardous waste listed in Chapter 3, 013 through 016.

001.02 A large quantity generator who generates and accumulates acute hazardous waste in a calendar month in quantities no greater than those specified in 001.01A and 001.01B of this Chapter is subject to the requirements of Chapter 8, 006.03 for all quantities of that acute hazardous waste.

001.03 When making the quantity determinations of this Title, the generator must include all hazardous waste that it generates, except hazardous waste that:

001.03A Is exempt from regulation under Chapter 2, Sections 010 through 013, 015.01, 016, or Chapter 7, Section 002; or

001.03B Is managed immediately upon generation only in on-site elementary neutralization units, wastewater treatment units, or totally enclosed treatment facilities as defined in Chapter 1; or

001.03C Is recycled, without prior storage or accumulation, only in an on-site process subject to regulation under Chapter 7, Section 006; or

001.03D Is used oil managed under the requirements of Chapter 7, Section 002.02; or

001.03E Is spent lead-acid batteries managed under the requirements of Chapter 7, Section 012; or

001.03F Is universal waste managed under Chapter 25.

001.04 In determining the quantity of hazardous waste generated, a generator need not include:

001.04A Hazardous waste when it is removed from on-site storage as long as it is counted once;

001.04B Hazardous waste produced by on-site treatment (including reclamation) of hazardous waste, so long as the hazardous waste that is treated was counted once; or

001.04C Spent materials that are generated, reclaimed, and subsequently reused on-site, so long as such spent materials have been counted once.

001.05 Large quantity generators are also subject to all requirements pertaining to determinations, notifications, reporting and recordkeeping as set forth in Chapter 4.

001.06 A generator who treats, stores, or disposes hazardous waste on-site must only comply with Chapter 4, 002 through 004, 005.03C, 005.04 and 005.05 and Sections 004, 005, and, if applicable, 007 of this Chapter. A generator who treats, stores, or disposes hazardous waste onsite must also comply with all other applicable chapters of this Title.

001.07 A farmer who generates waste pesticides which are hazardous waste and complies with all of Section 007 of this Chapter, is not required to comply with other standards in this Title with respect to such pesticides.

128 Neb. Admin. Code, ch. 10, § 001

Amended effective 7/6/2016.