128 Neb. Admin. Code, ch. 2, § 011

Current through September 17, 2024

Section 128-2-011 - Samples

011.01 Except as provided in Section 011.02 of this Chapter, a sample of solid waste or a sample of water, soil, or air, which is collected for the sole purpose of testing to determine its characteristics or composition, is not subject to any requirements of this Title when:

011.01A The sample is being transported to a laboratory for the purpose of testing; or

011.01B The sample is being transported to the sample collector after testing; or

011.01C The sample is being stored by the sample collector before transport to a laboratory for testing; or

011.01D The sample is being stored in a laboratory before testing; or

011.01E The sample is being stored in a laboratory after testing but before it is returned to the sample collector; or

011.01F The sample is being stored temporarily in a laboratory after testing for a specific purpose (for example, until conclusion of a court case or enforcement action where further testing of the sample may be necessary).

011.02 In order to qualify for the exemption in Section 011.01A and 011.01B of this Chapter, a sample collector shipping samples to a laboratory and a laboratory returning samples to a sample collector must:

011.02A Comply with DOT, U. S. Postal Service (USPS), or any other applicable shipping requirements; or

011.02B Comply with the following requirements if the sample collector determines that DOT, USPS, and other shipping requirements do not apply to the shipment of the sample:

011.02B1 Assure that the following information accompanies the sample:

011.02B1(a) The sample collector's name, mailing address, and telephone number;

011.02B1(b) The laboratory's name, mailing address and telephone number;

011.02B1(c) The quantity of the sample;

011.02B1(d) The date of the shipment; and

011.02B1(e) A description of the sample.

011.02B2 Package the sample so that it does not leak, spill, or vaporize from its package.

011.03 This exemption does not apply if the laboratory determines that the waste is hazardous but the laboratory is no longer meeting any of the conditions stated in Section 011.01 of this Chapter.

128 Neb. Admin. Code, ch. 2, § 011