Section 128-5-005 - Additional regulation of certain hazardous waste recycling activities on a case-by-case basis005.01 The Director may decide on a case-by-case basis that persons accumulating or storing the recyclable materials described in Chapter 7, 003.04 should be regulated under Chapter 7, 004 through 006. The basis for this decision is that the materials are being accumulated or stored in a manner that does not protect human health and the environment because the materials or their toxic constituents have not been adequately contained, or because the materials being accumulated or stored together are incompatible. In making this decision the Director will consider the following factors:005.01A The types of materials accumulated or stored and the amount accumulated or stored;005.01B The method of accumulation or storage;005.01C The length of time the materials have been accumulated or stored before being reclaimed;005.01D Whether any contaminants are being released into the environment, or are likely to be so released; and005.01E Other relevant factors.005.02 The procedures for this decision are set forth in Section 006 of this Chapter.128 Neb. Admin. Code, ch. 5, § 005
Amended effective 7/6/2016.