Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 5 - VARIANCES › Section 128-5-006 - Procedures for case-by-case regulation of hazardous waste recycling activities

Current through June 17, 2024
The Director will use the following procedures when determining whether
	 to regulate hazardous waste recycling activities described in Chapter 7,
003.04
under the provisions of Chapter 7,
004
through
006
rather than
	 under the provisions of Chapter 7, 011:
006.01 If a generator is accumulating the
  waste, the Director will issue a notice setting forth the factual basis for the
  decision and stating that the person must comply with the applicable
  requirements of Chapters 4, 9, and 10. The notice will become final in 30 days,
  unless the person served requests a public hearing to challenge the decision.
  Upon receiving such a request, the Director will hold a public hearing. The
  Director will provide notice of the hearing to the public and allow public
  participation at the hearing. The Director will issue a final order after the
  hearing stating whether or not compliance with Chapters 4, 9, and 10 is
  required. The order becomes effective 30 days after service of the decision
  unless the Director specifies a later date.
006.02 If the person is accumulating the
  recyclable material as a storage facility, the notice will state that the
  person must obtain a permit in accordance with all applicable provisions of
  Chapters 12 through 15. The owner or operator of the facility must apply for a
  permit within no less than 60 days and no more than six months of notice, as
  specified in the notice. If the owner or operator of the facility wishes to
  challenge the Director's decision, the challenge may be stated in the permit
  application, in a public hearing held on the draft permit, or in comments filed
  on the draft permit or on the notice of intent to deny the permit. The fact
  sheet accompanying the permit will specify the reasons for the Director's
  determination. The question of whether the Director's decision was proper will
  remain open for consideration during the public comment period and in any
  subsequent hearing.
006.03 After
  receiving an application for a site-specific variance from a treatment
  standard, the Director may request any additional information or samples which
  may be required to evaluate the application.
006.04 A generator, treatment facility, or
  disposal facility that is managing a waste covered by a site-specific variance
  from a treatment standard must comply with the waste analysis requirements for
  restricted wastes found under Chapter 20, 005.
006.05 During the application review process,
  the applicant for a site-specific variance must comply with all restrictions on
  land disposal under Chapter 20 once the effective date for the waste has been
  reached.
006.06 For all variances,
  the petitioner must also demonstrate that compliance with any given treatment
  variance is sufficient to minimize threats to human health and the environment
  posed by land disposal of the waste. In evaluating this demonstration, the
  Department may take into account whether a treatment variance should be
  approved if the subject waste is to be used in a manner constituting disposal
  pursuant to Chapter 7, 007.01 through 007.04.