Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 20 - LAND DISPOSAL RESTRICTIONS (LDR) › Section 128-20-006 - Special rules regarding wastes that exhibit a characteristic

Current through June 17, 2024
006.01 The initial generator of a solid waste
  must determine each EPA Hazardous Waste Number (waste code) applicable to the
  waste in order to determine the applicable treatment standards under Sections
009
through
014
. For purposes
  of this Chapter, the waste will carry the waste code for any applicable listed
  waste (Chapter 3,
011
through
017
). In addition, where the waste exhibits a
  characteristic, the waste will carry one or more of the characteristic waste
  codes (Chapter 3,
005
through
010
), except when the treatment standard for the
  listed waste operates in lieu of the treatment standard for the characteristic
  waste, as specified in Section
006.02
. If the
  generator determines that their waste displays a hazardous characteristic (and
  is not D001 nonwastewaters treated by CMBST, RORGS, or POLYM of Section
010
, Table
10
the generator
  must determine the underlying hazardous constituents (as defined at Section
002.09
) in the characteristic waste.
006.02 Where a prohibited waste is both
  listed under Chapter 3,
011
through
017
, and exhibits a characteristic under Chapter 3,
005
through
010
, the
  treatment standard for the waste code listed in Chapter 3,
011
through
017
will operate
  in lieu of the standard for the waste code under Chapter 3,
005
through
010
, provided
  that the treatment standard for the listed waste includes a treatment standard
  for the constituent that causes the waste to exhibit the characteristic.
  Otherwise, the waste must meet the treatment standards for all applicable
  listed and characteristic waste codes.
006.03 In addition to any applicable
  standards determined from the initial point of generation, no prohibited waste
  which exhibits a characteristic under Chapter 3,
005
through
010
may be land disposed unless the waste
  complies with the treatment standards under Sections
009
through
012
.
006.04 Wastes that exhibit a characteristic
  are also subject to Section
005
requirements, except
  that once the waste is no longer hazardous, a one-time notification and
  certification must be placed in the generators or treaters files and sent to
  the Department of Environmental Quality. The notification and certification
  that is placed in the generators or treaters files must be updated if the
  process or operation generating the waste changes and/or if the Subtitle D
  facility receiving the waste changes. However, the generator or treater need
  only notify the Department of Environmental Quality on an annual basis if such
  changes occur. Such notification and certification should be sent to the
  Department of Environmental Quality by the end of the calendar year, but no
  later than December 31.
006.04A The
  notification must include the following information:
006.04A1 The name and address of the Subtitle
  D facility receiving the waste shipment; and
006.04A2 A description of the waste as
  initially generated, including the applicable EPA hazardous waste code(s),
  treatability group(s), and underlying hazardous constituents (as defined in
  Section
002. 09
), unless the waste will be treated and
  monitored for all underlying hazardous constituents. If all underlying
  hazardous constituents will be treated and monitored, there is no requirement
  to list any of the underlying hazardous constituents on the notice.