In order for hazardous waste and acute hazardous waste generated by a conditionally exempt small quantity generator to be excluded from regulation under Chapters 9 and 10, the generator must comply with the following requirements:
006.01 The hazardous waste determination requirement in Chapter 4, 002.006.02 The conditionally exempt small quantity generator may accumulate hazardous waste and acute hazardous waste on-site. If the generator accumulates, at any time, more than a total of 1,000 kilograms of hazardous waste, or acute hazardous waste in quantities greater than those set forth in 005.01 or 005.02 of this Chapter, all of those accumulated wastes are subject to regulation under Chapter 9 (or Chapter 10 for acute hazardous waste), and the notification requirements of Chapter 4. The time period of Chapter 9, 007.03 or Chapter 10, 004.01 begins when the accumulated wastes exceed the applicable exclusion limit.006.03 A conditionally exempt small quantity generator may either treat or dispose of their excluded hazardous waste in an on-site facility, or ensure delivery to an off-site storage, treatment, or disposal facility, either of which, if located in the U.S., is:006.03A Permitted under Chapters 12 through 15 or by the EPA or a state other than Nebraska with a hazardous waste management program approved by EPA; or,006.03B Authorized to operate with interim status under Chapter 12, 003 or by the EPA or a state other than Nebraska with a hazardous waste management program approved by EPA; or,006.03C Permitted, licensed or registered by DEQ to manage municipal solid waste and, if managed in a municipal solid waste landfill, the landfill is subject to Title 132 - Integrated Solid Waste Landfill Regulations, if located in Nebraska, or 40 CFR Part 258 (pertaining to RCRA Subtitle D Landfills) if located outside of Nebraska or,006.03D Permitted, licensed or registered by DEQ to manage non-municipal non-hazardous waste and, if managed in a non-municipal nonhazardous waste disposal unit, is subject to the requirements in 40 CFR 257.5 through 257.30 if located outside of Nebraska*; or006.03E A facility which: 006.03E1 Beneficially uses or re-uses, or legitimately recycles or reclaims its wastes; or006.03E2 Treats its waste prior to beneficial use or re-use, or legitimate recycling or reclamation.006.03F For universal waste managed under Chapter 25, a universal waste handler or destination facility subject to the requirements of Chapter 25.006.03G If a conditionally exempt small quantity generator's hazardous waste is mixed with used oil, the mixture is subject to Chapter 7, 009 if it is destined to be burned for energy recovery. Any material produced from such a mixture by processing, blending, or other treatment, is also so regulated if it is destined to be burned for energy recovery.128 Neb. Admin. Code, ch. 8, § 006