Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 12 - PERMIT REQUIRED › Section 128-12-001 - Applicability

Current through June 17, 2024
001.01 A permit is required for the
  treatment, storage, or disposal of any hazardous waste identified or listed in
  Chapters 2 and 3. Owners or operators of hazardous waste management units must
  have permits during the active life (including the closure period) of the
  unit.
001.02 A post-closure permit
  is required by owners or operators of surface impoundments, landfills, land
  treatment units, and waste pile units that received wastes after July 26, 1982,
  or that certified closure (according to
  40 CFR
  265.115, as incorporated by reference in
  Chapter 22,
007
) after January 26, 1983, unless they
  demonstrate closure by removal or decontamination as provided in Section
001.08
of this Chapter, or obtain an enforceable
  document in lieu of a post-closure permit, as provided under Section
001.09
. If a post-closure permit is required, the
  permit must address the applicable requirements of Chapter 21. The denial of,
  or failure to, obtain a permit for the active life of a facility or unit does
  not affect the requirement to obtain a post-closure permit.
001.03 Specific exclusions
The following persons are not required to obtain a permit under these
	 regulations:
001.03A Small quantity
  generators and large quantity generators who accumulate hazardous waste on-site
  for less than the time periods provided in Chapter 9,
008
and in Chapter 10,
004.02
, respectively;
001.03B Farmers who dispose of hazardous
  waste pesticides from their own use on their own land, as provided in Chapter
  10,
007
;
001.03C Persons who own or operate facilities
  solely for the treatment, storage, or disposal of hazardous waste excluded from
  regulations by Chapter 2,
008
,
009
, and
011
through
013
or Chapter 8;
001.03D Owners or operators of totally
  enclosed treatment facilities as defined in Chapter 1;
001.03E Owners or operators of an elementary
  neutralization unit or a wastewater treatment unit as defined in Chapter
  1;
001.03F Transporters storing
  manifested shipments of hazardous waste in containers meeting tine requirements
  of Chapter 10,
003
at a transfer facility for a period
  of 10 days or less; and
001.03G
  Persons combining absorbent material and waste in a container provided that
  these actions occur at the time waste is first placed in the container, and
  40
  CFR 264.17(b),
  264.171,
  and
  264.172
  as incorporated by reference in Chapter 21,
002
and
009
are complied with.
001.03H Universal waste handlers and
  universal waste transporters managing the wastes described in Chapter 25. These
  handlers are subject to regulation under Chapter 25.
001.03I For the purposes of this Chapter and
  Chapter 15 (Permit Issuance):
001.03I(1) A
  component means any constituent part of a unit or any group of constituent
  parts of a unit which are assembled to perform a specific function (e.g. a pump
  seal, pump, kiln liner, kiln thermocouple).
001.03I(2) A facility or activity means any
  HWM facility or any other facility or activity (including land or appurtenances
  thereto) that is subject to regulation under the RCRA program).
001.03I(3) A functionally equivalent
  component means a component which performs the same function or measurement and
  which meets or exceeds the performance specifications of another
  component.
001.03I(4) A major
  facility means any RCRA facility or activity classified as such by the EPA
  Regional Administrator in conjunction with the Director.
001.03I(5) Remedial Action Plan (RAP) means a
  special form of RCRA permit that a facility owner or operator may obtain
  instead of a permit issued under
  40 CFR
  270.3 through
  270.66,
  to authorize the treatment, storage or disposal of hazardous remediation waste
  (as defined in Chapter 1 of this Title) at a remediation waste management
  site.