128 Neb. Admin. Code, ch. 25, § 012

Current through September 17, 2024

Section 128-25-012 - Waste Management

012.01 Universal waste batteries

A small quantity handler of universal waste must manage universal waste batteries in a way that prevents release of any universal waste or component of a universal waste to the environment, as follows:

012.01A A small quantity handler of universal waste must contain any universal waste battery that shows evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions in a container. The container must be closed, structurally sound, compatible with the contents of the battery, and must lack evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions.

012.01B A small quantity handler of universal waste may conduct the following activities as long as the casing of each individual battery cell is not breached and remains intact and closed (except that cells may be opened to remove electrolyte but must be immediately closed after removal):

012.01B1 Sorting batteries by type;

012.01B2 Mixing battery types in one container;

012.01B3 Discharging batteries so as to remove the electric charge;

012.01B4 Regenerating used batteries;

012.01B5 Disassembling batteries or battery packs into individual batteries or cells;

012.01B6 Removing batteries from consumer products; or

012.01B7 Removing electrolyte from batteries.

012.01C A small quantity handler of universal waste who removes electrolyte from batteries, or who generates other solid waste (e.g., battery pack materials, discarded consumer products) as a result of the activities listed above, must determine whether the electrolyte and/or other solid waste exhibit a characteristic of hazardous waste identified in Title 128, Chapter 3 005 through 010.

012.01C1 If the electrolyte and/or other solid waste exhibit a characteristic of hazardous waste, it is subject to all applicable requirements of Title 128, Chapters 1 through 24. The handler is considered the generator of the hazardous electrolyte and/or other waste and is subject to the requirements of Title 128, Chapters 8, 9, and 10.

012.01C2 If the electrolyte or other solid waste is not hazardous, the handler must manage the waste in any way that is in compliance with applicable federal, state or local solid waste regulations.

012.02 Universal waste pesticides

A small quantity handler of universal waste must manage universal waste pesticides in a way that prevents releases of any universal waste or component of a universal waste to the environment. The universal waste pesticides must be contained in one or more of the following:

012.02A A container that remains closed, structurally sound, compatible with the pesticide, and that lacks evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions; or

012.02B A container that does not meet the requirements of 012.02A of this chapter, provided that the unacceptable container is overpacked in a container that does meet the requirements of 012.02A of this chapter; or

012.02C A tank that meets the requirements of 40 CFR part 265 subpart J, except for 40 CFR 265.197(c), 265.200, and 265.201; as adopted by reference by Title 128, Chapter 22, 010; or

012.02D A transport vehicle or vessel that is closed, structurally sound, compatible with the pesticide, and that lacks evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions.

012.03 Universal waste mercury-containing items

A small quantity handler of universal waste must manage universal waste mercury-containing items in a way that prevents releases of any universal waste or component of a universal waste to the environment, as follows:

012.03A A small quantity handler of universal waste must contain any universal waste mercury-containing items that shows evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions in a container. The container must be closed, structurally sound, compatible with the contents of the thermostat, and must lack evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions.

012.03B A small quantity handler of universal waste may remove mercury-containing ampules from universal waste mercury-containing items provided the handler:

012.03B1 Removes the ampules in a manner designed to prevent breakage of the ampules;

012.03B2 Removes ampules only over or in a containment device (e.g., tray or pan sufficient to collect and contain any mercury released from an ampule in case of breakage);

012.03B3 Ensures that a mercury clean-up system is readily available to immediately transfer any mercury resulting from spills or leaks from broken ampules, from the containment device to a container that meets the requirements of Title 128, Chapter 10, 004;

012.03B4 Immediately transfers any mercury resulting from spills or leaks from broken ampules from the containment device to a container that meets the requirements of Title 128, Chapter 10, 004;

012.03B5 Ensures that the area in which ampules are removed is well ventilated and monitored to ensure compliance with applicable OSHA exposure levels for mercury;

012.03B6 Ensures that employees removing ampules are thoroughly familiar with proper waste mercury handling and emergency procedures, including transfer of mercury from containment devices to appropriate containers;

012.03B7 Stores removed ampules in closed, non-leaking containers that are in good condition;

012.03B8 Packs removed ampules in the container with packing materials adequate to prevent breakage during storage, handling, and transportation; and

012.03B9 A small quantity handler of universal waste who removes mercury-containing ampules from mercury-containing items must determine whether the following exhibit a characteristic of hazardous waste identified in Title 128, Chapter 3 005 through 010:

012.03B9(a) Mercury or clean-up residues resulting from spills or leaks; and/or

012.03B9(b) Other solid waste generated as a result of the removal of mercury-containing ampules (e.g., remaining mercury-containing item units).

012.03B10 If the mercury, residues, and/or other solid waste exhibit a characteristic of hazardous waste, it must be managed in compliance with all applicable requirements of Title 128, Chapters 1 through 24. The handler is considered the generator of the mercury, residues, and/or other waste and must manage it subject to the requirements of Title 128, Chapters 8, 9, and 10.

012.03B11 If the mercury, residues, and/or other solid waste is not hazardous, the handler must manage the waste in any way that is in compliance with applicable federal, state or local solid waste regulations.

012.03C A small quantity handler of universal waste may drain elemental mercury from open-ended mercury-containing items provided the handler:

012.03C1 Ensures that the universal waste mercury-containing items are drained only over a containment device (e.g., tray or pan sufficient to collect and contain any mercury released from a device in case of breakage or spill);

012.03C2 Ensures that the draining operations are performed safely by developing and implementing a written procedure detailing how to safely drain the universal waste mercury-containing items. This procedure must include: the type of equipment to be used to drain universal waste mercury-containing items safely; operation and maintenance of the equipment; segregation of incompatible wastes; proper waste management practices; and waste characterization;

012.03C3 Ensures that a spill clean-up kit is readily available to immediately clean up spills or leaks of the contents of the universal waste mercury-containing item which might occur during the mercury draining operation;

012.03C4 Immediately transfers the drained elemental mercury to a container that meets the requirements of Title 128, Chapter 10, 004;

012.03C5 Ensures that the area in which the universal waste mercury-containing items are drained is well ventilated and monitored to ensure compliance with applicable OSHA exposure levels for mercury;

012.03C6 Ensures that employees are thoroughly familiar with the procedure for draining universal waste mercury-containing items and proper waste handling and emergency procedures relevant to their responsibilities during normal facility operations and emergencies;

012.03C7 Stores the drained elemental mercury in a closed, non-leaking container that is in good condition; and

012.03C8 Maintains documentation of the date of accumulation, a description of the item drained, and the amount of elemental mercury drained.

012.03C9 Does not accumulate over 45 kilograms (almost 100 pounds) of elemental mercury at any one time.

012.03C10 A small quantity handler of universal waste who drains universal waste mercury-containing items, or who generates other solid waste as a result of draining the mercury-containing items, must determine whether the following exhibit a characteristic of hazardous waste identified in Title 128, Chapter 3, 005 through 010:

012.03C10(a) Mercury or clean-up residues resulting from spills or leaks; and/or

012.03C10(b) Other solid waste generated as a result of the draining of elemental mercury (e.g., remaining mercury-containing item units and filters).

012.03C11 If the mercury, residues, and/or other solid waste exhibit a characteristic of hazardous waste, they must be managed in accordance with all applicable requirements of Title 128, Chapters 1 through 24. The handler is considered the generator of the newly generated hazardous waste and is subject to the requirements of Title 128, Chapters 8, 9, and 10.

012.03C12 If the mercury residues and/or other solid waste are not hazardous, the handler may manage the waste in a way that is in compliance with applicable federal, state, or local solid waste regulations.

012.04 Universal waste lamps

A small quantity handler of universal waste must manage universal waste lamps in a way that prevents releases of any universal waste or component of a universal waste to the environment, as follows:

012.04A A small quantity handler of universal waste must contain any lamp in containers or packages that are structurally sound, adequate to prevent breakage, and compatible with the contents of the lamps. Such containers and packages must remain closed and must lack evidence of leakage, spillage or damage that could cause leakage under reasonably foreseeable conditions.

012.04B A small quantity handler of universal waste must immediately clean up and place in a container any lamp that is broken and must place in a container any lamp that shows evidence of breakage, leakage, or damage that could cause the release of mercury or other hazardous constituents to the environment. Containers must be closed, structurally sound, compatible with the contents of the lamps and must lack evidence of leakage, spillage or damage that could cause leakage or releases of mercury or other hazardous constituents to the environment under reasonably foreseeable conditions.

012.05 Universal waste electronic items

A small quantity handler of universal waste must manage electronic items in a way that prevents releases of any universal waste or component of a universal waste to the environment, as follows:

012.05A A small quantity handler of universal waste must contain any universal waste electronic item in containers that are structurally sound, adequate to prevent breakage, and compatible with the contents of the item. Such containers must lack evidence of leakage, spillage or damage that could cause leakage under reasonably foreseeable conditions.

012.05B A small quantity handler of universal waste must immediately clean up and place in a container any electronic item that is broken, and must place in a container any electronic device that shows evidence of breakage, leakage, or damage that could cause the release of hazardous constituents to the environment. Containers must be structurally sound, compatible with the contents of the electronic item and must lack evidence of leakage, spillage or damage that could cause leakage or releases of hazardous constituents to the environment under reasonably foreseeable conditions.

012.05C A small quantity handler of universal waste may disassemble universal waste electronic items provided the handler:

012.05C1 Ensures that the universal waste electronic items are disassembled in a manner designed to prevent the release of any universal waste or component of universal waste to the environment;

012.05C2 Ensures that the disassembly operations are performed safely by developing and implementing a written procedure detailing how to safely disassemble each universal waste electronic item managed at the site. This procedure must include: the type of equipment to be used to disassemble the universal waste electronic items safely; operation and maintenance of all equipment; segregation of incompatible wastes; proper waste management practices; and waste characterization;

012.05C3 Ensures that a spill clean-up kit is readily available to immediately clean up spills or leaks of the contents of the universal waste electronic item which may occur during disassembly operations;

012.05C4 Immediately segregates and transfers the disassembled electronic items to containers that meet the requirements of 012.05A and 012.05B of this chapter;

012.05C5 Ensures that employees are thoroughly familiar with the procedures for disassembling universal waste electronic items, proper waste handling, and emergency procedures relevant to their responsibilities during normal facility operations and emergencies;

012.05C6 Maintains a system to ensure compliance with the written disassembling and management procedures;

012.05C7 A small quantity handler of universal waste who disassembles universal waste electronic items, or who generates other solid waste as a result of disassembling the electronic items, must determine whether the disassembled electronic item, its components and/or other solid wastes exhibit a characteristic of hazardous waste identified in Title 128, Chapter 3, 005 through 010, or are listed as a hazardous waste identified in Title 128, Chapter 3, 013 through 016;

012.05C8 If the disassembled universal waste electronic item or its components exhibit a characteristic of hazardous waste, they may continue to be managed as universal waste under this chapter. If the disassembled universal waste item or its components are not managed as universal waste under this chapter, then the handler is considered the generator of the newly generated hazardous waste and is subject to all applicable requirements of Title 128, Chapters 8, 9, and 10. The newly generated hazardous waste must be managed in accordance with all applicable requirements of Title 128, Chapters 1 through 24. If the disassembled universal waste electronic items or components become newly generated hazardous waste, the hazardous waste must be contained in containers that meet the requirements of Title 128, Chapter 10, 004;

012.05C9 If the disassembled universal waste electronic item, its components, and/or other solid waste are not hazardous, the handler must manage the waste in a way that is in compliance with applicable federal, state, and local solid waste regulations.

128 Neb. Admin. Code, ch. 25, § 012