Current through September 17, 2024
Section 132-2-002 - Exceptions002.01 Activities specified in this section shall be exempt from the permit requirements of this chapter, provided the wastes used in these activities are not mixed with other solid wastes and do not, as a result of handling or disposal, have the potential to cause contamination that may threaten human health or the environment. Activities exempt from the permit requirements that use sewage sludge in their processes shall not violate any requirements of applicable regulations promulgated pursuant to Section 405(d) of the Clean Water Act, as amended ( 33 U.S.C. 1251 et seq). 002.01A The use of fill for the purpose of erosion control, erosion repair, channel stabilization, landscaping, roadbed preparation or other land improvement;002.01B The placement of tires in accordance with Chapter 14, posts, or ferrous objects for bank or blowout stabilization. Any bank stabilization must be done in accordance with Title 117 - Nebraska Surface Water Quality Standards and the Federal Clean Water Act ( 33 U.S.C. 1251 et seq);002.01C The disposal or use of trees and brush, or the remaining material resulting from fires set for the purpose of destroying trees, brush and untreated wood;002.01D The deposit of solid waste generated by an individual is disposed of on such individual's property if such property is outside the corporate limits of a municipality and the Department determines that the county has not provided integrated solid waste management facilities for its residents;002.01E The deposition of on-farm building demolition waste generated by an individual and disposed on location if such location is agricultural in nature;002.01F Composting of only livestock wastes generated at their livestock operation and only when the operation is in compliance with Title 130 - Rules and Regulations Pertaining to Livestock Waste Control;002.01G Solid waste compost sites which receive only yard wastes in quantities less than 20,000 cubic yards as received per year;002.01H Solid waste compost sites which receive less than 20,000 cubic yards per year of material that consists of yard waste in combination with less than 1000 cubic yards of other materials;002.01I Recycling centers or collection sites, as long as the following conditions are met: 002.01I1 Beginning January 1, 2013, and for every odd numbered year thereafter, for each category of recyclable material, the amount of material resold or transferred offsite during the previous two calendar years must equal at least seventy-five percent (75%) by weight of the inventory of material present on January 1st of the previous odd-numbered year. This calculation must be made for each category of recyclable materials collected or processed at the recycling center or collection site.002.01I1(a) Failure to resell or transfer offsite seventy-five percent (75%) of each category of recyclable material in two (2) calendar years shall be deemed speculative accumulation for the purposes of this chapter. A facility that speculatively accumulates recyclable materials is not exempt from the permit requirements of this chapter.002.01I1(b) Written documentation that verifies seventy-five (75%) of each category of recyclable material was resold or transferred offsite within two (2) calendar years must be maintained at the recycling center or collection site.002.01I2 Recyclable materials that are stored inside buildings or in other suitable containment capable of preventing releases to the environment, are not subject to the requirements of section 002.01I 1 of this chapter;002.01J Upon the permission of the director, the deposit of building demolition material resulting from the clean up from a natural disaster;002.01K The use of source separated material in the manufacturing of other products;002.01L Salvage operations which store, sort and sell metals and machinery suitable for reprocessing;002.01M Land application of sludge from a waste water treatment plant where such activity is done in accordance with Title 119 - Rules and Regulations Pertaining to the Issuance of Permits Under the National Pollutant Discharge Elimination System;002.01N Waste tire processing facilities and collection sites; or002.01O Compaction, autoclaving, temporary storage or other solid waste processing activities, unless otherwise required to obtain a permit under Chapter 6, Section 001, managed by a solid waste generator or association of generators, as long as the Director has not determined that the activity results or may result in land pollution and the following conditions are met:002.01O1 If the solid waste generator is an association of generators, the association of generators is registered with the Secretary of State to transact business in Nebraska or has filed a written description of the association, its purpose, and membership with the Department; and002.01O2 The generator or generators of the material have not released the solid waste from their direct control. The release of direct control has occurred when the generator or generators of the material have transferred the material to a solid waste processing or disposal facility, or have conveyed the material to a transporter; and002.01O3 Beginning January 1, 2017, and for every year thereafter, the amount of material processed or transferred offsite during the previous calendar year must equal at least seventy-five percent (75%) by weight of the inventory of material present on January 1 of the previous year. 002.01O3(a) Failure to process or transfer offsite seventy-five percent (75%) of the material to be processed in one (1) calendar year shall be deemed speculative accumulation for the purposes of this chapter. A facility that speculatively accumulates material to be processed is not exempt from the permit requirements of this chapter. 002.01O3(b) Written documentation that verifies seventy-five (75%) of the material to be processed was processed or transferred offsite within one (1) calendar year must be maintained at the facility.132 Neb. Admin. Code, ch. 2, § 002