reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - GENERAL › Section 128-1-069 - Inactive portion

Current through June 17, 2024
"Inactive portion" means that portion of a facility which is not
	 operated after May 19, 1980. (See also "active portion" and "closed
	 portion.")
069.01 Cement
  kilns;
069.02 Lime kilns;
069.03 Aggregate kilns;
069.04 Phosphate kilns;
069.05 Coke ovens;
069.06 Blast furnaces;
069.07 Smelting, melting and refining
  furnaces (including pyrometallurgical devices such as cupolas, reverberator
  furnaces, sintering machine, roasters, and foundry furnaces);
069.08 Titanium dioxide chloride process
  oxidation reactors;
069.09 Methane
  reforming furnaces;
069.10 Pulping
  liquor recovery furnaces;
069.11
  Combustion devices used in the recovery of sulfur values from spent sulfuric
  acid;
069.12 Halogen acid furnaces
  (HAFs) for the production of acid from halogenated hazardous waste generated by
  chemical production facilities where the furnace is located on the site of a
  chemical production facility, the acid product has a halogen acid content of at
  least 3%, the acid product is used in a manufacturing process, and, except for
  hazardous waste burned as fuel, hazardous waste fed to the furnace has a
  minimum halogen content of 20% as-generated;
069.13 Such other devices as the Council may,
  after notice and comment, add to this list on the basis of one or more of the
  following factors:
069.13A The design and use
  of the device primarily to accomplish recovery of material products;
069.13B The use of the device to burn or
  reduce raw materials to make a material product;
069.13C The use of the device to burn or
  reduce secondary materials as effective substitutes for raw materials, in
  processes using raw materials as principal feedstocks;
069.13D The use of the device to burn or
  reduce secondary materials as ingredients in an industrial process to make a
  material product;
069.13E The use
  of the device in common industrial practice to produce a material product;
  and
069.13F Other factors, as
  appropriate.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - GENERAL › Section 128-1-070 - Incinerator

Current through June 17, 2024
"Incinerator" means any enclosed device that:
070.01 Uses controlled flame combustion and
  neither meets the criteria for classification as a boiler, sludge dryer, or
  carbon regeneration unit, nor is listed as an industrial furnace; or
070.02 Meets the definition of infrared
  incinerator or plasma arc incinerator.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - GENERAL › Section 128-1-071 - Incompatible waste

Current through June 17, 2024
"Incompatible waste" means a hazardous waste which is unsuitable
	 for:
071.01 Placement in a particular
  device or facility because it may cause corrosion or decay of containment
  materials (e.g., container inner liners or tank walls); or
071.02 Commingling with another waste or
  material under uncontrolled conditions because the commingling might produce
  heat or pressure, fire or explosion, violent reaction, toxic dusts, mists,
  fumes, or gases, or flammable fumes or gases.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - GENERAL › Section 128-1-072 - Individual generation site

Current through June 17, 2024
"Individual generation site" means the contiguous site at or on which
	 one or more hazardous wastes are generated. An individual generation site, such
	 as a large manufacturing plant, may have one or more sources of hazardous waste
	 but is considered a single or individual generation site if the site or
	 property is contiguous.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - GENERAL › Section 128-1-073 - Industrial furnace

Current through June 17, 2024
"Industrial furnace" means any of the following enclosed devices that
	 are integral components of manufacturing processes and that use thermal
	 treatment to accomplish recovery of materials or energy, including:
073.01 Cement kilns;
073.02 Lime kilns;
073.03 Aggregate kilns;
073.04 Phosphate kilns;
073.05 Coke ovens;
073.06 Blast furnaces;
073.07 Smelting, melting and refining
  furnaces (including pyrometallurgical devices such as cupolas, reverberator
  furnaces, sintering machine, roasters, and foundry furnaces);
073.08 Titanium dioxide chloride process
  oxidation reactors;
073.09 Methane
  reforming furnaces;
073.10 Pulping
  liquor recovery furnaces;
073.11
  Combustion devices used in the recovery of sulfur values from spent sulfuric
  acid;
073.12 Halogen acid furnaces
  (HAFs) for the production of acid from halogenated hazardous waste generated by
  chemical production facilities where the furnace is located on the site of a
  chemical production facility, the acid product has a halogen acid content of at
  least 3%, the acid product is used in a manufacturing process, and, except for
  hazardous waste burned as fuel, hazardous waste fed to the furnace has a
  minimum halogen content of 20% as-generated;
073.13 Such other devices as the Council may,
  after notice and comment, add to this list on the basis of one or more of the
  following factors:
073.13A The design and use
  of the device primarily to accomplish recovery of material products;
073.13B The use of the device to burn or
  reduce raw materials to make a material product;
073.13C The use of the device to burn or
  reduce secondary materials as effective substitutes for raw materials, in
  processes using raw materials as principal feedstocks;
073.13D The use of the device to burn or
  reduce secondary materials as ingredients in an industrial process to make a
  material product;
073.13E The use
  of the device in common industrial practice to produce a material product;
  and
073.13F Other factors, as
  appropriate.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - GENERAL › Section 128-1-074 - Infrared incinerator

Current through June 17, 2024
"Infrared incinerator" means any enclosed device that uses electric
	 powered resistance heaters as a source of radiant heat followed by an
	 afterburner using controlled flame combustion and which is not listed as an
	 industrial furnace.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - GENERAL › Section 128-1-075 - Inground tank

Current through June 17, 2024
"Inground tank" means a device meeting the definition of "tank" in this
	 Chapter, whereby a portion of the tank wall is situated to any degree within
	 the ground, thereby preventing visual inspection of that external surface area
	 of the tank that is in the ground.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - GENERAL › Section 128-1-077 - Inner liner

Current through June 17, 2024
"Inner liner" means a continuous layer of material placed inside a tank
	 or container which protects the construction materials of the tank or container
	 from the contained waste or reagents used to treat the waste.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - GENERAL › Section 128-1-078 - Installation inspector

Current through June 17, 2024
"Installation inspector" means a person who, by reason of knowledge of
	 the physical sciences and the principles of engineering acquired by a
	 professional education and related practical experience, is qualified to
	 supervise the installation of tank systems.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - GENERAL › Section 128-1-079 - Intermediate facility

Current through June 17, 2024
"Intermediate facility" means any facility that stores hazardous
	 secondary materials for more than 10 days, other than a hazardous secondary
	 material generator or reclaimer of such material.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - GENERAL › Section 128-1-082 - Landfill

Current through June 17, 2024
"Landfill" means a disposal facility or part of a facility where
	 hazardous waste is placed in or on land and which is not a pile, a land
	 treatment facility, a surface impoundment, an underground injection well, a
	 salt dome formation, a salt bed formation, an underground mine, a cave, or a
	 corrective action management unit.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - GENERAL › Section 128-1-083 - Landfill cell

Current through June 17, 2024
"Landfill cell" means a discrete volume of a hazardous waste landfill
	 which uses a liner to provide isolation of wastes from adjacent cells or
	 wastes. Examples of landfill cells are trenches and pits.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - GENERAL › Section 128-1-084 - Land treatment facility

Current through June 17, 2024
"Land treatment facility" means a facility or part of a facility at
	 which hazardous waste is applied onto or incorporated into the soil surface;
	 such facilities are disposal facilities if the waste will remain after
	 closure.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - GENERAL › Section 128-1-085 - Large quantity generator

Current through June 17, 2024
"Large quantity generator" means a generator who generates in a
	 calendar month, a total quantity of hazardous waste that is greater than or
	 equal to 1000 kilograms. If a large quantity generator also generates acute
	 hazardous waste, those acute hazardous wastes are subject to the exemptions and
	 regulations of Chapter 10.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - GENERAL › Section 128-1-087 - Leak-detection system

Current through June 17, 2024
"Leak-detection system" means a system capable of detecting the failure
	 of either the primary or secondary containment structure or the presence of a
	 release of hazardous waste or accumulated liquid in the secondary containment
	 structure. Such a system must employ operational controls (e.g., daily visual
	 inspections for releases into the secondary containment system of aboveground
	 tanks) or consist of an interstitial monitoring device designed to detect,
	 continuously and automatically, the failure of the primary or secondary
	 containment structure or the presence of a release of hazardous waste into the
	 secondary containment structure.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - GENERAL › Section 128-1-088 - Liner

Current through June 17, 2024
"Liner" means a continuous layer of natural or man-made materials,
	 beneath or on the sides of a surface impoundment, landfill, or landfill cell,
	 which restricts the downward or lateral escape of hazardous waste, hazardous
	 waste constituents, or leachate.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - GENERAL › Section 128-1-089 - Manifest

Current through June 17, 2024
"Manifest" shall mean the form used for identifying the quantity,
	 composition, origin, routing, and destination of hazardous waste during its
	 transportation from the point of generation to the point of disposal,
	 treatment, or storage. Under these regulations, form means the shipping
	 document EPA form 8700-22 (including, if necessary, EPA form 8700-22A ),
	 originated and signed by the generator or offeror in accordance with the
	 instructions included in the Appendix to 40 CFR Part 262, as incorporated by
	 reference in Chapter 10, 002, and the applicable requirements of this
	 Title.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - GENERAL › Section 128-1-090 - Manifest tracking number

Current through June 17, 2024
"Manifest tracking number" means: The alphanumeric identification
	 number (i.e., a unique three letter suffix preceded by nine numerical digits),
	 which is pre-printed in Item 4 of the Manifest by a registered
	 source.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - GENERAL › Section 128-1-091 - Mining overburden returned to the mine site

Current through June 17, 2024
"Mining overburden returned to the mine site" means any material
	 overlying an economic mineral deposit which is removed to gain access to that
	 deposit and is then used for reclamation of a surface mine.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - GENERAL › Section 128-1-092 - Miscellaneous unit

Current through June 17, 2024
"Miscellaneous unit" means a hazardous waste management unit where
	 hazardous waste is treated, stored, or disposed of and that is not a container,
	 tank, surface impoundment, pile, land treatment unit, landfill, incinerator,
	 boiler, industrial furnace, underground injection well with appropriate
	 technical standards under Title 122, Rules and Regulations for Underground
	 Injection and Mineral Production Wells, containment building, corrective action
	 management unit, unit eligible for a research, development, and demonstration
	 permit under Chapter 12,
	 001.04E, or
	 staging pile.
092.01 Control of
  combustion air to maintain adequate temperature for efficient
  combustion;
092.02 Containment of
  the combustion-reaction in an enclosed device to provide sufficient residence
  time and mixing for complete combustion; and
092.03 Control of emissions of the gaseous
  combustion products. (See also "incineration" and "thermal
  treatment.")
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - GENERAL › Section 128-1-093 - Movement

Current through June 17, 2024
"Movement" means that hazardous waste transported to a facility in an
	 individual vehicle.
093.01 Control of
  combustion air to maintain adequate temperature for efficient
  combustion;
093.02 Containment of
  the combustion-reaction in an enclosed device to provide sufficient residence
  time and mixing for complete combustion; and
093.03 Control of emissions of the gaseous
  combustion products. (See also "incineration" and "thermal
  treatment.")
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - GENERAL › Section 128-1-094 - New hazardous waste management facility or new facility

Current through June 17, 2024
"New hazardous waste management facility" or "new facility" means a
	 facility which began operation, or for which construction commenced after
	 October 21, 1976. (See also "Existing hazardous waste management
	 facility.")
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - GENERAL › Section 128-1-095 - New tank system or new tank component

Current through June 17, 2024
"New tank system" or "new tank component" means a tank system or
	 component that will be used for the storage or treatment of hazardous waste and
	 for which installation has commenced after July 14, 1986; except, however, for
	 purposes of
	 40 CFR
	 264.193(g)(2) and 40 CFR
	 265.193(g)(2)as
	 incorporated by reference in Chapters 21 and 22 respectively, a new tank system
	 is one for which construction commences after July 14, 1986. (See also
	 "existing tank system.")
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - GENERAL › Section 128-1-096 - No free liquids

Current through June 17, 2024
"No free liquids" means the definition in
	 40
	 CFR 260.10, revised as of July 1, 2014, which
	 is adopted and incorporated by this reference.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - GENERAL › Section 128-1-097 - On ground tank

Current through June 17, 2024
"On ground tank" means a device meeting the definition of "tank" in
	 this Chapter, and that is situated in such a way that the bottom of the tank is
	 on the same level as the adjacent surrounding surface so that the external tank
	 bottom cannot be visually inspected.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - GENERAL › Section 128-1-098 - On-site

Current through June 17, 2024
" On-site" means the same or geographically contiguous property which
	 may be divided by public or private right-of-way, provided the entrance and
	 exit between the properties is at a cross-roads intersection, and access is by
	 crossing as opposed to going along, the right-of-way. Non-contiguous properties
	 owned by the same person but connected by a right-of-way which he controls and
	 to which the public does not have access, is also considered on-site
	 property.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - GENERAL › Section 128-1-099 - Open burning

Current through June 17, 2024
"Open burning" means the combustion of any material without utilizing
	 the following characteristics:
099.01
  Control of combustion air to maintain adequate temperature for efficient
  combustion;
099.02 Containment of
  the combustion-reaction in an enclosed device to provide sufficient residence
  time and mixing for complete combustion; and
099.03 Control of emissions of the gaseous
  combustion products. (See also "incineration" and "thermal
  treatment.").
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - GENERAL › Section 128-1-102 - Partial closure

Current through June 17, 2024
" Partial closure" means the closure of a hazardous waste management
	 unit in accordance with the applicable closure requirements of 40 CFR Parts 264
	 and 265, as incorporated by reference in Chapters 21 and 22, respectively, at a
	 facility that contains other active hazardous waste management units. For
	 example, partial closure may include the closure of a tank (including its
	 associated piping and underlying containment systems), landfill cell, surface
	 impoundment, waste pile, or other hazardous waste management unit, while other
	 units of the same facility continue to operate.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - GENERAL › Section 128-1-103 - Person

Current through June 17, 2024
"Person" shall mean any: Individual; partnership; limited liability
	 company; association; public or private corporation; trustee; receiver;
	 assignee; agent; municipality or other governmental subdivision; public agency;
	 other legal entity; or any officer or governing or managing body of any public
	 or private corporation, municipality, governmental subdivision, public agency,
	 or other legal entity.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - GENERAL › Section 128-1-104 - Personnel or facility personnel

Current through June 17, 2024
"Personnel" or "facility personnel" means all persons who work at, or
	 oversee the operation of, a hazardous waste facility, and whose actions or
	 failure to act may result in noncompliance with the requirements of 40 CFR Part
	 264 or 265, as incorporated by reference in Chapters 21 and 22,
	 respectively.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - GENERAL › Section 128-1-106 - Plasma arc incinerator

Current through June 17, 2024
"Plasma arc incinerator" means any enclosed device using a high
	 intensity electrical discharge or arc as a source of heat followed by an
	 afterburner using controlled flame combustion and which is not listed as an
	 industrial furnace.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - GENERAL › Section 128-1-107 - Point source

Current through June 17, 2024
"Point source" means any discernible, confined, and discrete
	 conveyance, including, but not limited to any pipe, ditch, channel, tunnel,
	 conduit, well, discrete fissure, container, rolling stock, concentrated animal
	 feeding operation, or vessel or other floating craft, from which pollutants are
	 or may be discharged. This term does not include return flows from irrigated
	 agriculture.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - GENERAL › Section 128-1-108 - Publicly owned treatment works or POTW

Current through June 17, 2024
"Publicly owned treatment works" or "POTW" means any device or system
	 used in the treatment (including recycling and reclamation) of municipal sewage
	 or industrial wastes of a liquid nature which is owned by a state or
	 municipality as defined by Section 212(2)(A) of the Clean Water Act,
	 33
	 U.S.C. §
										1292(2)(A).
	 This definition includes sewers, pipes, or other conveyances only if they
	 convey wastewater to a POTW providing treatment.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - GENERAL › Section 128-1-109 - Qualified Ground-Water Scientist

Current through June 17, 2024
"Qualified Ground-Water Scientist" means a scientist or engineer who
	 has received a baccalaureate or post-graduate degree in the natural sciences or
	 engineering, and has sufficient training and experience in ground-water
	 hydrology and related fields as may be demonstrated by state registration,
	 professional certifications, or completion of accredited university courses
	 that enable that individual to make sound professional judgements regarding
	 ground-water monitoring and contaminant fate and transport.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - GENERAL › Section 128-1-110 - Remanufacturing

Current through June 17, 2024
"Remanufacturing" means processing a higher-value hazardous secondary
	 material in order to manufacture a product that serves a similar functional
	 purpose as the original commercial-grade material For the purpose of this
	 definition, a hazardous secondary material is considered higher-value if it was
	 generated from the use of a commercial-grade material in a manufacturing
	 process and can be remanufactured into a similar commercial-grade
	 material.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - GENERAL › Section 128-1-111 - Remediation waste

Current through June 17, 2024
"Remediation waste" means all solid and hazardous wastes, and all media
	 (including ground water, surface water, soils, and sediments) and debris, that
	 are managed for implementing cleanup.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - GENERAL › Section 128-1-112 - Remediation waste management site

Current through June 17, 2024
"Remediation waste management site" means a facility where an owner or
	 operator is or will be treating, storing or disposing of hazardous remediation
	 wastes. A remediation waste management site is not a facility that is subject
	 to corrective action under
	 40 CFR
	 264.101, which is incorporated by reference
	 in Chapter 21, 006, but is subject to corrective action requirements if the
	 site is located in such a facility.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - GENERAL › Section 128-1-113 - Replacement unit

Current through June 17, 2024
"Replacement unit" means a landfill, surface impoundment, or waste pile
	 unit (1) from which all or substantially all of the waste is removed, and (2)
	 that is subsequently reused to treat, store, or dispose of hazardous waste.
	 "Replacement unit" does not apply to a unit from which waste is removed during
	 closure, if the subsequent reuse solely involves the disposal of waste from
	 that unit and other closing units or corrective action areas at the facility,
	 in accordance with an approved closure plan or EPA or State approved corrective
	 action.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - GENERAL › Section 128-1-118 - Sludge

Current through June 17, 2024
"Sludge" means any solid, semi-solid, or liquid waste generated from a
	 municipal, commercial, or industrial wastewater treatment plant, water supply
	 treatment plant, or air pollution control facility exclusive of the treated
	 effluent from a wastewater treatment plant.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - GENERAL › Section 128-1-119 - Sludge dryer

Current through June 17, 2024
"Sludge dryer" means any enclosed thermal treatment device that is used
	 to dehydrate sludge and that has a maximum total thermal input, excluding the
	 heating value of the sludge itself, of 2,500 Btu/lb of sludge treated on a
	 wet-weight basis.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - GENERAL › Section 128-1-120 - Small quantity generator

Current through June 17, 2024
"Small quantity generator" means a generator who generates in a
	 calendar month a total quantity of hazardous waste greater than 100 kilograms
	 and less than 1,000 kilograms, and accumulates no more than 6,000 kilograms of
	 hazardous waste at any one time. If a small quantity generator also generates
	 acute hazardous waste those acute hazardous wastes are subject to the
	 exemptions and regulations of Chapter 9.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - GENERAL › Section 128-1-121 - Solvent-contaminated wipe

Current through June 17, 2024
"Solvent-contaminated wipe" means the definition in
	 40
	 CFR 260.10, revised as of July 1, 2014, which
	 is adopted and incorporated by this reference.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - GENERAL › Section 128-1-122 - Sorbent

Current through June 17, 2024
"Sorbent" means a material that is used to soak up free liquids by
	 either adsorption or absorption, or both. "Sorb" means to either adsorb or
	 absorb, or both.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - GENERAL › Section 128-1-123 - Staging pile

Current through June 17, 2024
"Staging pile" means an accumulation of solid, non-flowing remediation
	 waste (as defined in this section) that is not a containment building and that
	 is used only during remedial operations for temporary storage at a facility.
	 Staging piles must be designated by the Director according to the requirements
	 of 40 CFR
	 264.554.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - GENERAL › Section 128-1-124 - State Act

Current through June 17, 2024
"State Act" means the Nebraska Environmental Protection Act, Neb. Rev.
	 Stat. §
									81-1501
	 through
	 81-1533, as
	 amended.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - GENERAL › Section 128-1-125 - Storage

Current through June 17, 2024
"Storage" when used in conjunction with hazardous waste, shall mean the
	 containment of hazardous waste, either on a temporary basis or for a period of
	 years, in such manner as not to constitute disposal of such hazardous waste.
	 Under these regulations, storage means the holding of hazardous waste for a
	 temporary period, at the end of which the hazardous waste is treated, disposed
	 of, or stored elsewhere.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - GENERAL › Section 128-1-126 - Sump

Current through June 17, 2024
"Sump" means any pit or reservoir that meets the definition of tank and
	 those troughs/trenches connected to it that serves to collect hazardous waste
	 for transport to hazardous waste storage, treatment, or disposal facilities
	 except that as used in the landfill, surface impoundment, and waste pile rules,
	 "sump" means any lined pit or reservoir that serves to collect liquids drained
	 from a leachate collection and removal system or leak detection system for
	 subsequent removal from the system.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - GENERAL › Section 128-1-127 - Surface impoundment or impoundment or impoundment

Current through June 17, 2024
"Surface impoundment" or "impoundment" means a facility or part of a
	 facility which is a natural topographic depression, man-made excavation, or
	 diked area formed primarily of earthen materials (although it may be lined with
	 man-made materials), which is designed to hold an accumulation of liquid wastes
	 or wastes containing free liquids, and which is not an injection well. Examples
	 of surface impoundments are holding, storage, settling, and aeration pits,
	 ponds, and lagoons.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - GENERAL › Section 128-1-128 - Tank

Current through June 17, 2024
"Tank" means a stationary device, designed to contain an accumulation
	 of hazardous waste which is constructed primarily of non-earthen materials
	 (e.g., wood, concrete, steel, plastic) which provides structural
	 support.
128.01 Whether the waste is
  amenable to the treatment process;
128.02 What pre-treatment (if any) is
  required;
128.03 The optimal
  process conditions needed to achieve the desired treatment;
128.04 The efficiency of a treatment process
  for a specific waste or wastes; or
128.05 The characteristics and volumes of
  residuals from a particular treatment process; or
128.06 For the purposes of Chapter 2, 012 and
  013 to determine liner compatibility, corrosion, and other material
  compatibility studies and toxicological and health effect studies.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - GENERAL › Section 128-1-130 - TEQ

Current through June 17, 2024
"TEQ" means toxicity equivalence, the international method of relating
	 the toxicity of various dioxin/furan congeners to the toxicity of
	 2,3,7,8-tetrachlorodibenzo-p-dioxin.
130.01 Whether the waste is amenable to the
  treatment process;
130.02 What
  pre-treatment (if any) is required;
130.03 The optimal process conditions needed
  to achieve the desired treatment;
130.04 The efficiency of a treatment process
  for a specific waste or wastes; or
130.05 The characteristics and volumes of
  residuals from a particular treatment process; or
130.06 For the purposes of Chapter 2, 012 and
  013 to determine liner compatibility, corrosion, and other material
  compatibility studies and toxicological and health effect studies.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - GENERAL › Section 128-1-131 - Thermal treatment

Current through June 17, 2024
"Thermal treatment" means the treatment of hazardous waste in a device
	 which uses elevated temperatures as the primary means to change the chemical,
	 physical, or biological character or composition of the hazardous waste.
	 Examples of thermal treatment processes are incineration, molten salt,
	 pyrolysis, calcination, wet air oxidation, and microwave discharge. (See also
	 "incinerator" and "open burning.")
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - GENERAL › Section 128-1-132 - Totally enclosed treatment facility

Current through June 17, 2024
"Totally enclosed treatment facility" means a facility for the
	 treatment of hazardous waste which is directly connected to an industrial
	 production process and which is constructed and operated in a manner which
	 prevents the release of any hazardous waste or any constituent thereof into the
	 environment during treatment. An example is a pipe in which waste acid is
	 neutralized.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - GENERAL › Section 128-1-133 - Transfer facility

Current through June 17, 2024
"Transfer facility" means any transportation related facility including
	 loading docks, parking areas, storage areas and other similar areas where
	 shipments of hazardous waste or hazardous secondary materials are held during
	 the normal course of transportation.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - GENERAL › Section 128-1-134 - Transport vehicle

Current through June 17, 2024
"Transport vehicle" means a motor vehicle or rail car used for the
	 transportation of cargo by any mode. Each cargo-carrying body (trailer,
	 railroad freight car, etc.) is a separate transport vehicle.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - GENERAL › Section 128-1-137 - Treatability study

Current through June 17, 2024
"Treatability study" means a study, other than a means to commercially
	 treat or dispose of hazardous waste, in which a hazardous waste is subjected to
	 a treatment process to determine:
137.01 Whether the waste is amenable to the
  treatment process;
137.02 What
  pre-treatment (if any) is required;
137.03 The optimal process conditions needed
  to achieve the desired treatment;
137.04 The efficiency of a treatment process
  for a specific waste or wastes; or
137.05 The characteristics and volumes of
  residuals from a particular treatment process; or
137.06 For the purposes of Chapter 2, 012 and
  013 to determine liner compatibility, corrosion, and other material
  compatibility studies and toxicological and health effect studies.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - GENERAL › Section 128-1-138 - Treatment

Current through June 17, 2024
"Treatment" means any method, technique, or process, including
	 neutralization, designed to change the physical, chemical, or biological
	 character or composition of any hazardous waste so as to neutralize such waste,
	 or so as to recover energy or material resources from the waste, or so as to
	 render such waste non-hazardous, or less hazardous; safer to transport, store,
	 or dispose of; or amenable for recovery, amenable for storage, or reduced in
	 volume.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - GENERAL › Section 128-1-140 - Underground injection

Current through June 17, 2024
"Underground injection" means the subsurface emplacement of fluids
	 through a bored, drilled, or driven well; or through a dug well, where the
	 depth of the dug well is greater than the largest surface dimension. (See also
	 "injection well.")
140.01 Is part of a
  wastewater treatment facility which is subject to regulations under either
  Section 307(B) of the Clean Water Act or Title 119, Rules and Regulations
  Pertaining to the Issuance of Permits Under the National Pollutant Discharge
  Elimination System, Nebraska Department of Environmental Quality; and
140.02 Receives and treats or stores an
  influent wastewater that is a hazardous waste as defined in Chapter 2, or that
  generates and accumulates a wastewater treatment sludge which is a hazardous
  waste as defined in Chapter 2, or treats or stores a wastewater treatment
  sludge which is a hazardous waste as defined in Chapter 2; and
140.03 Meets the definition of a tank or tank
  system as defined in this Chapter.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - GENERAL › Section 128-1-142 - Unfit-for-use tank system

Current through June 17, 2024
"Unfit-for-use tank system" means a tank system that has been
	 determined through an integrity assessment or other inspection to be no longer
	 capable of storing or treating hazardous waste without posing a threat of
	 release of hazardous waste to the environment.
142.01 Is part of a wastewater treatment
  facility which is subject to regulations under either Section 307(B) of the
  Clean Water Act or Title 119, Rules and Regulations Pertaining to the Issuance
  of Permits Under the National Pollutant Discharge Elimination System, Nebraska
  Department of Environmental Quality; and
142.02 Receives and treats or stores an
  influent wastewater that is a hazardous waste as defined in Chapter 2, or that
  generates and accumulates a wastewater treatment sludge which is a hazardous
  waste as defined in Chapter 2, or treats or stores a wastewater treatment
  sludge which is a hazardous waste as defined in Chapter 2; and
142.03 Meets the definition of a tank or tank
  system as defined in this Chapter.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - GENERAL › Section 128-1-143 - United States

Current through June 17, 2024
"United States" means the 50 states, the District of Columbia, the
	 Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and
	 the Commonwealth of the Northern Mariana Islands.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - GENERAL › Section 128-1-146 - Uppermost aquifer

Current through June 17, 2024
"Uppermost aquifer" means the geologic formation nearest the natural
	 ground surface that is an aquifer, as well as lower aquifers that are
	 hydraulically interconnected with this aquifer within the facility's property
	 boundary.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - GENERAL › Section 128-1-147 - Used oil

Current through June 17, 2024
"Used oil" means any oil that has been refined from crude oil, or any
	 synthetic oil, that has been used and as a result of such use is contaminated
	 by physical or chemical impurities.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - GENERAL › Section 128-1-149 - Wastewater treatment unit

Current through June 17, 2024
"Wastewater treatment unit" means a device which:
149.01 Is part of a wastewater treatment
  facility which is subject to regulations under either Section 307(B) of the
  Clean Water Act or Title 119, Rules and Regulations Pertaining to the Issuance
  of Permits Under the National Pollutant Discharge Elimination System, Nebraska
  Department of Environmental Quality; and
149.02 Receives and treats or stores an
  influent wastewater that is a hazardous waste as defined in Chapter 2, or that
  generates and accumulates a wastewater treatment sludge which is a hazardous
  waste as defined in Chapter 2, or treats or stores a wastewater treatment
  sludge which is a hazardous waste as defined in Chapter 2; and
149.03 Meets the definition of a tank or tank
  system as defined in this Chapter.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - GENERAL › Section 128-1-151 - Water Table

Current through June 17, 2024
"Water Table" means an imaginary surface within an unconfined aquifer
	 at which the pressure is at atmosphere (Lohman, 1972) U. S. Geological
	 Survey.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - GENERAL › Section 128-1-152 - Well

Current through June 17, 2024
"Well" means any excavation that is drilled, cored, bored, washed,
	 driven, dug, jetted, or otherwise constructed for the purpose of exploring for
	 ground water, monitoring ground water, utilizing the geothermal properties of
	 the ground, or extracting water from or injecting water into the underground
	 water reservoir. Well shall not include any excavation made for obtaining or
	 prospecting for oil, natural gas, minerals, or products mined or quarried or
	 for inserting media to repressure oil or natural gas bearing
	 formations.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - GENERAL › Section 128-1-153 - Wipe

Current through June 17, 2024
"Wipe" means the definition in
	 40
	 CFR 260.10, revised as of July 1, 2014, which
	 is adopted and incorporated by this reference.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - GENERAL › Section 128-1-154 - Zone of engineering control

Current through June 17, 2024
"Zone of engineering control" means an area under the control of the
	 owner/operator that, upon detection of a hazardous waste release, can be
	 readily cleaned up prior to the release of hazardous waste or hazardous
	 constituents to ground water or surface water.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 2 - DEFINITION OF SOLID WASTE AND HAZARDOUS WASTE › Section 128-2-001 - Purpose and scope

Current through June 17, 2024
This Chapter and Chapter 3 identify those solid wastes which are
	 subject to regulation as hazardous waste under this Title:
001.01 Section
003
of this Chapter defines the term "solid waste."
001.02 Sections
004
through
007
of this Chapter define the term "hazardous
  waste."
001.03 Sections
008
through
016
of this
  Chapter identify those wastes which are excluded from regulation under this
  Title.
001.04 Chapter 3,
001
through
004
set forth the
  criteria used by the Council to identify characteristics of hazardous waste and
  to list particular hazardous wastes.
001.05 Chapter 3,
005
through
010
identify
  characteristics of hazardous wastes.
001.06 Chapter 3,
011
through
016
list
  particular hazardous wastes.
001.07
  Chapter 25 identifies universal wastes and the standards for universal waste
  management.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 2 - DEFINITION OF SOLID WASTE AND HAZARDOUS WASTE › Section 128-2-002

Current through June 17, 2024
For the purposes of defining solid waste pursuant to Section
003
of this Chapter and Chapter 7,
001
through
006
:
002.01 A "spent material" is any material
  that has been used and as a result of contamination can no longer serve the
  purpose for which it was produced without processing.
002.02 A "by-product" is a material that is
  not one of the primary products of a production process and is not solely or
  separately produced by the production process. Examples are process residues
  such as slags or distillation column bottoms. The term does not include a
  co-product that is produced for the general public's use and is ordinarily used
  in the form it is produced by the process.
002.03 A material is "reclaimed" if it is
  processed to recover a usable product, or if it is regenerated. Examples are
  recovery of lead from spent batteries and regeneration of spent solvents. In
  addition, for purposes of Sections
008.25
and
008.26
of this Chapter, smelting, melting, and
  refining furnaces are considered to be solely engaged in metals reclamation if
  the metal recovery from the hazardous secondary materials meets the same
  requirements as those specified for metals recovery from hazardous waste found
  in 40 CFR §
										266.100(d)(1) through
  (3), as adopted and incorporated by reference
  in Chapter 7, Section
008.01C
of this Title, and if
  the residuals meet the requirements specified in
  40 CFR §
										266.112, as adopted and incorporated by
  reference in Chapter 7, Section
008.03
of this
  Title.
002.04 A material is "used
  or reused" if it is either:
002.04A Employed
  as an ingredient (including use as an intermediate) in an industrial process to
  make a product (for example, distillation bottoms from one process used as
  feedstock in another process.) However, a material will not satisfy this
  condition if distinct components of the material are recovered as separate end
  products (as when metals are recovered from metal containing secondary
  materials); or
002.04B Employed in
  a particular function or application as an effective substitute for a
  commercial product (for example, spent pickle liquor used as phosphorous
  precipitant and sludge conditioner in wastewater
  treatment).
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 2 - DEFINITION OF SOLID WASTE AND HAZARDOUS WASTE › Section 128-2-003 - Definition of solid waste

Current through June 17, 2024
003.01 A solid waste is any discarded
  material that is not excluded by Section
008
of this
  Chapter or that is not excluded by variance granted under Chapter 5,
001
.
003.02 A discarded material is any material
  which is:
003.02A Abandoned, by being:
003.02A1 Disposed of; or
003.02A2 Burned or incinerated; or
003.02A3 Accumulated, stored, or treated (but
  not recycled) before or in lieu of being abandoned by being disposed of,
  burned, or incinerated; or
003.02A4
  Sham recycled, as described in Section 003.07 of this Chapter.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 2 - DEFINITION OF SOLID WASTE AND HAZARDOUS WASTE › Section 128-2-005

Current through June 17, 2024
A solid waste which is not excluded from regulation under Section
004
of this Chapter becomes a hazardous waste when any
	 of the following events occur:
005.01
  In the case of a waste listed in Chapter 3,
013
through
018
when the waste first meets the listing
  description specified in Chapter 3,
011
through
018
.
005.02 In the case of a mixture of solid
  waste and one or more listed hazardous wastes, when a hazardous waste listed in
  Chapter 3,
013
through
018
is
  first added to the solid waste.
005.03 In the case of any other waste
  (including a waste mixture), when the waste exhibits any of the characteristics
  identified in Chapter 3,
005
through
010
.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 2 - DEFINITION OF SOLID WASTE AND HAZARDOUS WASTE › Section 128-2-007 - Exclusions

Current through June 17, 2024
007.01 Any solid waste described in Section
006
is not a hazardous waste if it meets the following
  criteria:
007.01A In the case of solid waste,
  it does not exhibit any of the characteristics identified in Chapter 3,
005
through
010
.(However,
  wastes that exhibit a characteristic at the point of generation may still be
  subject to the requirements of Chapter 20, even if they no longer exhibit a
  characteristic at the point of land disposal.)
007.01B In the case of a waste listed in
  Chapter 3,
011
through
018
,
  contains a waste listed in Chapter 3,
013
through
018
or is derived from a waste listed in Chapter 3,
013
through
018
, it also has
  been excluded from Section
006
of this Chapter under
  Chapter 6,
001
and
003
.