Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 21 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Section 128-21-001 - Applicability

Current through June 17, 2024
The standards in this Chapter apply to owners and operators of all
	 facilities which treat, store, or dispose of hazardous wastes, except as
	 specifically provided otherwise in this Chapter or Chapters 2, 3 and 25.
001.01 This Chapter applies to the owner or
  operator of a POTW which treats, stores or disposes of hazardous waste only to
  the extent they are included in a hazardous waste permit-by-rule granted under
  Chapters 12 through 15.
001.02 The
  requirements of this Chapter do not apply to:
001.02A The owner or operator of a facility
  permitted, licensed or registered by DEQ to manage municipal or industrial
  solid waste, if the only hazardous waste the facility treats, stores or
  disposes is excluded from regulation under Chapter 8;
001.02B The owner or operator of a facility
  managing recyclable materials described in Chapter 7,
002
and
003
(except to the
  extent that the requirements of this Chapter are referred to in Chapter 7,
007
through
011
;
001.02C A generator accumulating waste
  on-site in compliance with Chapter 9,
006
and
009
or Chapter 10,
004
and
005
;
001.02D A farmer disposing of waste
  pesticides from the farmer's own use in compliance with Chapter 10,
007
;
001.02E The owner or operator of a totally
  enclosed treatment facility, as defined in Chapter 1;
001.02F The owner or operator of an
  elementary neutralization unit or a wastewater treatment unit as defined in
  Chapter 1; provided that if the owner or operator is diluting hazardous
  ignitable (D001) wastes (other than the D001 High TOC Subcategory defined in
  Chapter 20 or reactive (D003) waste, to remove the characteristic before land
  disposal, the owner/operator must comply with the requirements set out in
  40
  CFR 264.17(b), as
  incorporated by reference in Section
002
of this
  Chapter.
001.02G A person engaged
  in treatment or containment activities during immediate response to: a
  discharge of hazardous waste; an imminent and substantial threat of a discharge
  of hazardous waste; or a discharge of a material which, when discharged,
  becomes a hazardous waste, except:
001.02G1 A
  person who continues or initiates hazardous waste treatment or containment
  activities after the immediate response is over is subject to all applicable
  requirements of this Chapter;
001.02G2 An owner or operator of a facility
  otherwise regulated by this Chapter must comply with all applicable
  requirements in Sections
003
and
004
of this Chapter.
001.02H A transporter storing manifested
  shipments of hazardous waste in containers meeting the requirements of Chapter
  10,
003.01A
at a transfer facility for a period of 10
  days or less.
001.02I The combining
  of absorbent material and waste in a container provided that these actions
  occur at the time waste is first placed in the container and Chapter 16 and
  Chapter 9,
006.03
or Chapter 10,
004.01A1
are complied with.