Section 128-14-002 - Standard conditions applicable to all permits002.01 The permittee must comply with all conditions and restrictions placed upon the permit, except that the permittee need not comply with the conditions of the permit to the extent and for the duration such non-compliance is authorized in an Emergency permit as described in Chapter 12, 001.04B. Any permit non-compliance constitutes a violation of the State Act and is grounds for enforcement action; for permit termination, revocation and reissuance or modification; or for denial of a permit renewal.002.02 If the permittee wishes to continue an activity regulated by the permit after the expiration date of the permit, the permittee must apply for and obtain a new permit prior to the expiration date of the permit in effect subject to the provisions in Chapter 15, 014.04.002.03 It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of the permit.002.04 In the event of noncompliance with the permit, the permittee shall take all reasonable steps to minimize releases to the environment, and shall carry out such measures as are reasonable to prevent significant adverse impacts on human health or the environment.002.05 The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of the permit. Proper operation and maintenance includes effective performance, adequate funding, adequate operator staffing and training, and adequate laboratory and process controls, including appropriate quality assurance procedures. This provision requires the operation of back- up or auxiliary facilities or similar systems only when necessary to achieve compliance with the conditions of the permit.002.06 The permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance, does not stay any permit condition.002.07 The permit does not convey any property rights of any sort, or any exclusive privilege.002.08 The permittee shall furnish to the Director, within a reasonable time, any relevant information which the Director may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the permit, or to determine compliance with the permit. The permittee shall also furnish to the Director, upon request, copies of records required to be kept by the permit.002.09 The permittee shall allow the Director, or an authorized representative, upon the presentation of credentials and other documents as may be required by law to: 002.09A Enter at reasonable times upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of the permit;002.09B Have access to and copy, at reasonable times, any records that must be kept under the conditions of the permit;002.09C Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under the permit; and002.09D Sample or monitor at reasonable times, for the purposes of assuring permit compliance any substances or parameters at any location.002.10 Monitoring and records 002.10A Samples and measurements taken for the purpose of monitoring shall be representative of the monitored activity.002.10B The permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by the permit, the certification required by 40 CFR 264.73(b)(9), as incorporated by reference in Chapter 21, 005 and records of all data used to complete the application for the permit, for a period of at least three years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time. The permittee shall maintain records from all groundwater monitoring wells and associated groundwater surface elevations, for the active life of the facility, and for disposal facilities for the post-closure care period as well. 002.10C Records for monitoring information shall include:002.10C1 The date, exact place, and time of sampling or measurements;002.10C2 The individual(s) who performed the sampling or measurements;002.10C3 The date(s) analyses were performed;022.10C4 The individual(s) who performed the analyses;002.10C5 The results of such analyses; and002.10C6 The analytical techniques or methods used.002.11 All applications, reports, or information submitted to the Director shall be signed and certified in accordance with Chapter 13, 011.002.12 Reporting requirements 002.12A Planned changes. The permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility.002.12B Anticipated noncompliance. The permittee shall give advance notice to the Director of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. For a new facility, the permittee may not treat, store, or dispose of hazardous waste; and for a facility being modified, the permittee may not treat, store, or dispose of hazardous waste in the modified portion of the facility except as provided in Chapter 15, Section 012.02, until: 002.12B1 The permittee has submitted to the Director by certified mail or hand delivery a letter signed by the permittee and a registered professional engineer stating that the facility has been constructed or modified in compliance with the permit; and002.12B2 The Director has inspected the modified or newly constructed facility and finds it is in compliance with the conditions of the permit; or within 30 days of the date of submission of the letter in Section 002.12B1 of this Chapter, the permittee has not received notice from the Director of his or her intent to inspect, prior inspection is waived and the permittee may commence treatment, storage, or disposal of hazardous waste.002.12C Transfers. The permit is not transferable to any person except after notice to the Director. The Director may require modification or revocation and reissuance of the permit to change the name of the permittee and incorporate such other requirements as necessary.002.12D Monitoring reports. Monitoring results shall be reported at the intervals specified elsewhere in the permit.002.12E Compliance schedules. Reports of compliance or noncompliance with, or any progress reports on, interim and final requirements contained in any compliance schedule of the permit shall be submitted no later than 14 days following each schedule date.002.12F Twenty-four hour reporting.002.12F1 The permittee shall orally report any information concerning the release of any hazardous waste or instances of noncompliance which may endanger health or the environment within 24 hours from the time the permittee knows or should have known the circumstances.002.12F2 The description of the occurrence and its cause shall include: 002.12F2(a) Name, address, and telephone number of the owner or operator, and of the facility;002.12F2(b) Type of incident, name and quantity of the material(s) involved, the duration of the occurrence including exact dates and times; and extent of injuries (if any);002.12F2(c) An assessment of actual or potential hazards to the environment and human health both inside the facility, and outside the facility (where applicable);002.12F2(d) If the noncompliance has not been corrected, an estimate of the time it is expected to continue; and steps taken or planned to reduce, eliminate; and prevent reoccurrence of the non-compliance;002.12F2(e) The estimated quantity and disposition of the recovered material that resulted from the incident.002.12F3 A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance and its cause; the period of noncompliance including the exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Director may waive the five day written notice requirement in favor of a written report within fifteen days.002.13 Manifest discrepancy report If a discrepancy in a manifest is discovered, the permittee must attempt to reconcile the discrepancy. If not resolved within fifteen days, the permittee must submit a letter report, including a copy of the manifest, to the Director. (see 40 CFR Part 264.72, as incorporated by reference in Chapter 21, 005).
002.14 Unmanifested waste report This report must be submitted to the Director within fifteen days of receipt of unmanifested waste. (see 40 CFR Part 264.76, as incorporated by reference in Chapter 21, 005).
002.15 Biennial report A biennial report must be submitted covering facility activities during odd numbered calendar years. (see 40 CFR Part 264.75, as incorporated by reference in Chapter 21, 005).
002.16 Other noncompliance The permittee shall report all instances of noncompliance not reported under Sections 002.12D, 002.12E and 002.12F of this Chapter, at the time monitoring reports are submitted, or at least quarterly.
002.17 Other information Where the permittee becomes aware that they failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, they shall promptly submit such facts or information.
002.18 Information repository The Director may require the permittee to establish and maintain an information repository at any time, based on the factors set forth in Section 018.01 of Chapter 13. The information repository will be governed by the provisions in Sections 018.02 through 018.05 of Chapter 13.
128 Neb. Admin. Code, ch. 14, § 002