Current through September 17, 2024
Section 128-25-028 - Off-site shipments028.01 A large quantity handler of universal waste is prohibited from sending or taking universal waste to a place other than another universal waste handler, a destination facility, or a foreign destination.028.02 If a large quantity handler of universal waste self-transports universal waste off-site, the handler becomes a universal waste transporter for those self-transportation activities and must comply with the transporter requirements of 031 through 037 of this chapter while transporting the universal waste.028.03 If a universal waste being offered for off-site transportation meets the definition of hazardous materials under 49 CFR 171 through 180, a large quantity handler of universal waste must package, label, mark and placard the shipment, and prepare the proper shipping papers in accordance with the applicable Department of Transportation regulations under 49 CFR parts 172 through 180;028.04 Prior to sending a shipment of universal waste to another universal waste handler, the originating handler must ensure that the receiving handler agrees to receive the shipment.028.05 If a large quantity handler of universal waste sends a shipment of universal waste to another handler or to a destination facility and the shipment is rejected by the receiving handler or destination facility, the originating handler must either:028.05A Receive the waste back when notified that the shipment has been rejected; or028.05B Agree with the receiving handler on a destination facility to which the shipment will be sent.028.06 A large quantity handler of universal waste may reject a shipment containing universal waste, or a portion of a shipment containing universal waste that he has received from another handler. If a handler rejects a shipment or a portion of a shipment, he must contact the originating handler to notify him of the rejection and to discuss reshipment of the load. The handler must:028.06A Send the shipment back to the originating handler; or028.06B If agreed to by both the originating and receiving handler, send the shipment to a destination facility.028.07 If a large quantity handler of universal waste receives a shipment containing hazardous waste that is not a universal waste, the handler must immediately notify NDEQ of the illegal shipment, and provide the name, address, and phone number of the originating shipper. NDEQ will provide instructions for managing the hazardous waste.028.08 If a large quantity handler of universal waste receives a shipment of non-hazardous, non-universal waste, the handler must manage the waste in any way that is in compliance with applicable federal, state or local solid waste regulations.128 Neb. Admin. Code, ch. 25, § 028