Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 20a - LAND DISPOSAL RESTRICTIONS (LDR) › Section 128-20a-005

Current through June 17, 2024
Testing, tracking, and recordkeeping requirements for generators,
	 treaters, and disposal facilities.
005.01 Requirements for generators
005.01A A generator of hazardous waste must
  determine if the waste has to be treated before it can be land disposed. This
  is done by determining if the hazardous waste meets the treatment standards in
  Section
009
,
011
, or
013
. This determination can be made in either of two
  ways: testing the waste or using knowledge of the waste. If the generator tests
  the waste, testing would normally determine the total concentration of
  hazardous constituents, or the concentration of hazardous constituents in an
  extract of the waste obtained using test method 1311 in "Test Methods for
  Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication SW-846, as
  referenced in Chapter 1, depending on whether the treatment standard for the
  waste is expressed as a total concentration or concentration of hazardous
  constituent in the waste's extract. In addition, some hazardous wastes must be
  treated by particular treatment methods before they can be land disposed and
  some soils that are contaminated by such hazardous wastes. These treatment
  standards are also found in Section
009
, and are
  described in detail in Section
010
, Table 10. These
  wastes, and soils contaminated with such wastes, do not need to be tested
  (however, if they are in a waste mixture, other wastes with concentration level
  treatment standards would have to be tested). If a generator determines they
  are managing a waste or soil contaminated with a waste, that displays a
  hazardous characteristic of ignitability, corrosivity, reactivity, or toxicity,
  they must comply with the special requirements of Section
006
in addition to any applicable requirements in this
  section.
005.01B If the waste or
  contaminated soil does not meet the treatment standard: With the initial
  shipment of waste to each treatment or storage facility, the generator must
  send a one-time written notice to each treatment or storage facility receiving
  the waste, and place a copy in the file. The notice must include the
  information in column "
005.01B
" of the Table 8,
  Generator Paperwork Requirements, of this Title. No further notification is
  necessary until such time that the waste or facility change, in which case a
  new notification must be sent and a copy placed in the generator's file.
005.01B1 For contaminated soil, the following
  certification statement should be included, signed by an authorized
  representative:
I certify under penalty of law that I personally have examined this
	 contaminated soil and it [does/does not] contain listed hazardous waste and
	 [does/does not] exhibit a characteristic of hazardous waste and requires
	 treatment to meet the soil treatment standards as provided by Title 128,
	 Chapter 20, Section
013.03
.
005.01C If the waste or
  contaminated soil meets the treatment standard at the original point of
  generation:
005.01C1 With the initial
  shipment of waste to each treatment, storage, or disposal facility, the
  generator must send a one-time written notice to each treatment, storage, or
  disposal facility receiving the waste, and place a copy in the file. The notice
  must include the information indicated in column "
005.01C
" of Table 8, Generator Paperwork Requirements
  Table, of this Title, and the following certification statement, signed by an
  authorized representative:
I certify under penalty of law that I personally have examined and am
	 familiar with the waste through analysis and testing or through knowledge of
	 the waste to support this certification that the waste complies with the
	 treatment standards specified in Chapter 20, Sections
009
through
013
. I believe
	 that the information I submitted is true, accurate, and complete. I am aware
	 that there are significant penalties for submitting a false certification,
	 including the possibility of a fine and imprisonment.
005.01C2 For contaminated soil, with the
  initial shipment of wastes to each treatment, storage, or disposal facility,
  the generator must send a one-time written notice to each facility receiving
  the waste and place a copy in the file. The notice must include the information
  in column "
005.01C
" of Table 8, Generator Paperwork
  Requirements Table, of this Title.
005.01C3 If the waste changes, the generator
  must send a new notice and certification to the receiving facility, and place a
  copy in their files. Generators of hazardous debris excluded from the
  definition of hazardous waste under Chapter 2, Section
007.02
are not subject to these
  requirements.
005.01D For
  reporting, tracking and recordkeeping when exceptions allow certain wastes or
  contaminated soil that do not meet the treatment standards to be land disposed:
  There are certain exemptions from the requirement that hazardous wastes or
  contaminated soil meet treatment standards before they can be land disposed.
  These include, but are not limited to case-by-case extensions under
  40 CFR
  268.5, disposal in a no-migration unit under
  40
  CFR 268.6, or a national capacity variance or
  case-by-case capacity variance under 40 CFR Part 268 subpart C, which is
  incorporated by reference in Section
008.01
of this
  Chapter. If a generator's waste is so exempt, then with the initial shipment of
  waste, the generator must send a one-time written notice to each land disposal
  facility receiving the waste. The notice must include the information indicated
  in column "
005.01D
" of Table 8, Generator Paperwork
  Requirements Table, of this Title. If the waste changes, the generator must
  send a new notice to the receiving facility, and place a copy in their files.
Table 8 - Generator Paperwork Requirements Table
Required information
005.01B
005.01C
005.01D
005.01I
1. EPA Hazardous Waste Numbers and Manifest Number of first
				  shipment.
X
X
X
X
2. Statement: this waste is not prohibited from land
				  disposal.
X
3. The waste is subject to the LDRs. The constituents of
				  concern for F001-F
005
, and F039, and underlying
				  hazardous constituents in characteristic wastes, unless the waste will be
				  treated and monitored for all constituents. If all constituents will be treated
				  and monitored, there is no need to put them all on the LDR notice.
X
X
4. The notice must include the applicable
				  wastewater/nonwastewater category (see Sections
002.04
and
002.06
) and subdivisions made within a waste code
				  based on waste-specific criteria (such as D003 reactive cyanide).
X
X
5. Waste analysis data (when available).
X
X
X
6. Date the waste is subject to the prohibition.
X
7. For hazardous debris, when treating with the alternative
				  treatment technologies provided by Section
011
: the
				  contaminants subject to treatment, as described in Section
011.02
; and an indication that these contaminants are
				  being treated to comply with Section
011
.
X
X
8. For contaminated soil subject to LDRs as provided in
				  Section
013.01
, the constituents subject to treatment
				  as described in Section
013.04
, and the following
				  statement: This contaminated soil [does/does not] contain listed hazardous
				  waste and [does/does not] exhibit a characteristic of hazardous waste and [is
				  subject to/complies with] the soil treatment standards as provided by Section
013.03
or the universal treatment standards.
X
X
9. A certification is needed (see applicable section for
				  exact wording.
X
X
005.01E If a
  generator is managing and treating prohibited waste or contaminated soil in
  tanks, containers, or containment buildings regulated under Chapter 9, Sections
007
and
008
, or Chapter 10,
  Sections
004
and
005
to meet
  applicable LDR treatment standards found at Section
009
, the generator must develop and follow a written
  waste analysis plan which describes the procedures they will carry out to
  comply with the treatment standards. (Generators treating hazardous debris
  under the alternative treatment standards of Section
011
, however, are not subject to these waste analysis
  requirements.) The plan must be kept on site in the generator's records, and
  the following requirements must be met:
005.01E1 The waste analysis plan must be
  based on a detailed chemical and physical analysis of a representative sample
  of the prohibited waste(s) being treated, and contain all information necessary
  to treat the waste(s) in accordance with the requirements of this Chapter,
  including the selected testing frequency.
005.01E2 Such plan must be kept in the
  facility's on-site files and made available to inspectors.
005.01E3 Wastes shipped off-site pursuant to
  this paragraph must comply with the notification requirements of Section
005.01C
.
005.01F If a generator determines that the
  waste or contaminated soil is restricted based solely on his knowledge of the
  waste, all supporting data used to make this determination must be retained
  on-site in the generator's files. If a generator determines that the waste is
  restricted based on testing this waste or an extract developed using the test
  method 1311 in "Test Methods for Evaluating Solid Waste, Physical/Chemical
  Methods," EPA Publication SW-846, as referenced in Chapter 1, and all waste
  analysis data must be retained on-site in the generator's files.
005.01G If a generator determines that he is
  managing a prohibited waste that is excluded from the definition of hazardous
  or solid waste or is exempted from this Title, under Chapter 2, 003 through
013
, or Chapter 7, 001 through
006
, subsequent to the point of generation (including
  deactivated characteristic hazardous wastes managed in wastewater treatment
  systems subject to the Clean Water Act (CWA) as specified at Chapter 2,
008.02
or that are CWA-equivalent, or are managed in a
  an underground injection well regulated by the Safe Drinking Water Act (SDWA)),
  he must place a one-time notice describing such generation, subsequent
  exclusion from the definition of hazardous or solid waste or exemption from
  Title 128 regulation, and the disposition of the waste, in the facility's
  on-site files.
005.01H Generators
  must retain on-site a copy of all notices, certifications, waste analysis data,
  and other documentation produced pursuant to this section for at least three
  years from the date that the waste that is the subject of such documentation
  was last sent to on-site or off-site treatment, storage, or disposal. The three
  year record retention period is automatically extended during the course of any
  unresolved enforcement action regarding the regulated activity or as requested
  by the Director. The requirements of this paragraph apply to solid wastes even
  when the hazardous characteristic is removed prior to disposal, or when the
  waste is excluded from the definition of hazardous or solid waste under Chapter
  2,
003
through
013
, or
  Chapter 7,
001
through
006
,
  or exempted from this Title, subsequent to the point of generation.
005.01I If a generator is managing a lab pack
  containing hazardous wastes and wishes to use the alternative treatment
  standard for lab packs found at Section
010.02
:
005.01I1 With the initial shipment of waste
  to a treatment facility, the generator must submit a notice that provides the
  information in column "
005.01I
" in Table 8, Generator
  Paperwork Requirements Table of this Title, and the following certification.
  The certification, which must be signed by an authorized representative and
  must be placed in the generator's files, must say the following:
I certify under penalty of law that I personally have examined and am
	 familiar with the waste and that the lab pack contains only wastes that have
	 not been excluded under appendix IV to 40 CFR part 268 as incorporated by
	 reference in Section
016
, and that this lab pack will
	 be sent to a combustion facility in compliance with the alternative treatment
	 standards for lab packs at Section
010.02
. I am aware
	 that there are significant penalties for submitting a false certification,
	 including the possibility of fine or imprisonment.
005.01I2 No further notification is necessary
  until such time that the wastes in the lab pack change, or the receiving
  facility changes, in which case a new notice and certification must be sent and
  a copy placed in the generator's file.
005.01I3 If the lab pack contains
  characteristic hazardous wastes (D001-D043), underlying hazardous constituents
  (as defined in Section
002.09
need not be
  determined.
005.01I4 The generator
  must also comply with the requirements in Sections
005.01F
and
005.01G
.
005.01J Small quantity generators with
  tolling agreements pursuant to Chapter 9,
007.06
must
  comply with the applicable notification and certification requirements of
  Section
005.01
for the initial shipment of the waste
  subject to the agreement. Such generators must retain on-site a copy of the
  notification and certification, together with the tolling agreement, for at
  least three years after termination or expiration of the agreement. The
  three-year record retention period is automatically extended during the course
  of any unresolved enforcement action regarding the regulated activity or as
  requested by the Director.