reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 126 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 10 - LAND APPLICATION OF PAUNCH › Section 126-10-002 - Exemptions

Current through June 17, 2024
002.01 Non-dedicated paunch manure
  application sites where less than ten (10) tons of dry paunch manure per acre
  per cropping season are applied and where no on-site storage (excluding storage
  in confined containers) is involved are exempted from permitting under Section
  001. Such operations, however, must observe the minimum distance requirements
  contained in Sections 004.04C, 004.04D, 004.04E, transportation requirements
  enumerated in Section 004.01, protect adjacent wells from surface runoff and
  immediately incorporate the material into the soil when found necessary by the
  Department.
002.02 In cases where
  incorporation of the paunch manure into the soil is found necessary by this
  Department and/or the material is not being stored as specified in a permit
  issued by this Department; the following procedures are to be followed:
002.02A When soil and weather conditions
  allow, the paunch manure must be removed from or incorporated into the soil
  within twenty-four (24) hours or other time frame approved by this Department
  after notification to do so by this Department. Incorporation shall be done in
  compliance with Section 002.01 of this Chapter.
002.02B When soil and weather conditions do
  not allow immediate removal or incorporation such measures shall be completed
  within twenty-four (24) hours or other time frame approved by this Department
  after weather and soil conditions have improved sufficiently to allow this
  work. Incorporation shall be done in compliance with Section 002.01 of this
  Chapter.
002.02C In cases where
  immediate incorporation would normally be found necessary, paunch manure may be
  land applied without incorporation during winter months provided it is
  incorporated within thirty (30) days or other time frame approved by this
  Department after weather and soil conditions become favorable for such work in
  the spring. This incorporation shall be in compliance with Section 002.01 of
  this Chapter.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 126 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 10 - LAND APPLICATION OF PAUNCH › Section 126-10-003

Current through June 17, 2024
The permit application will consist of a Best Management Plan submitted
	 by the applicant.
003.01 The following
  information must be supplied on the permit application in addition to that
  enumerated in Chapter 2, 004.
003.01A
  Authorized Agent of the individual company producing the paunch
  manure.
003.01B Name and address of
  owner or owners of the paunch manure application site(s), legal description of
  the site, and travel directions from the nearest town.
003.01C The area available, the current and
  foreseeable future use of the land and the slope of the land.
003.01D An explanation of how paunch manure
  will be transported to the application site.
003.01E A description of the method of
  unloading and storage of paunch manure at the application area. If storage or
  unloading facilities are to be utilized, engineering plans and specifications
  must be included. Construction of such facilities shall not commence until the
  plans and specifications have been approved by the Director.
003.01F A description of the method of
  spreading of material and incorporation into the soil, if found necessary by
  the Department. This description must include a discussion of methods to be
  used during winter months and periods of unfavorable weather and soil
  conditions as well as normal favorable conditions. The proposed application
  rate and justification for the rate taking into account the items listed in
  004.03 must also be shown.
003.01G
  A topographic map or engineering plans and specifications with topography shown
  of the application area must be included with the following features
  delineated.
003.01G1. Land available for
  application of paunch and overall dimensions of the land.
003.01G2. Location of neighboring homesites
  or farmsteads and adjacent land owned by others.
003.01G3. The location of domestic and
  municipal water supply wells within 500 feet of the area, and the approximate
  depths of the water tables used.
003.01G4. Location and name of watercourses
  or wetlands in the area.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 126 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 10 - LAND APPLICATION OF PAUNCH › Section 126-10-004 - Specific Permit Terms and Conditions

Current through June 17, 2024
004.01 Transportation: In all instances,
  paunch manure hauled within a metropolitan city shall be hauled in a
  splashproof, tightly covered container. In other areas transportation of paunch
  manure over public roads, or near an inhabited residence, business, or
  facility/area (excluding public roads) shall be done in a leak-proof, tightly
  covered, splashproof container when found necessary.
004.02 Storage of paunch manure at the
  application site must be done under the following conditions.
004.02A Prevention of discharges to waters of
  the State.
004.02B If the material
  will stand in a pile such that the height is 20% of the width when placed
  unconfined on a flat surface, it may be stored in a windrow or static pile in
  an area meeting the design criteria set out in Appendix I. If it will not stand
  as specified in this section, it shall be stored in a lagoon meeting the design
  criteria set out in Appendix I. Alternatively, paunch manure may be stored in a
  container as defined in Chapter 1, 005.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 126 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 10 - LAND APPLICATION OF PAUNCH › Section 126-10-005 - Record and Reporting

Current through June 17, 2024
005.01 Any facility expansion or modification
  which may result in new or substantially increased discharges of pollutants or
  a change in the nature of the discharge of pollutants must be reported by the
  permittee 180 days prior to the expansion, increases, or modifications, either
  by amending his original application or by submitting a new
  application.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 126 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 10 - LAND APPLICATION OF PAUNCH › Section 126-10-006 - Monitoring

Current through June 17, 2024
006.01 Prior to application and yearly
  thereafter the soil shall be analyzed by the permittee and submitted to this
  Department, for parameters as specified in the permit (See 005.02 above). This
  will include monitoring various levels of the soil profile for migration of
  pollutants toward the water table.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 126 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 10 - LAND APPLICATION OF PAUNCH › Section 126-10-007

Current through June 17, 2024
Failure to comply with the foregoing procedures shall be grounds for
	 prosecution under Neb. Rev. Stat. §
									81-1508(1)(b)
	 Reissue 1981.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 126 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 18 - RELEASES OF OIL OR HAZARDOUS SUBSTANCES › Section 126-18-001 - Antidegradation

Current through June 17, 2024
001.01 No person shall release, cause to be
  released or allow the release of an oil or hazardous substance or residuary
  products thereof, into, or upon the waters or land of the state, except in
  quantities, and at times and locations, or under circumstances and conditions
  as the Department approves.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 126 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 18 - RELEASES OF OIL OR HAZARDOUS SUBSTANCES › Section 126-18-002 - Release Notification Requirements

Current through June 17, 2024
002.01 It shall be the duty of any
  responsible person to notify the Department of any release or suspected release
  of an oil or hazardous substance, in the following manner:
002.01A Immediate notification is required
  regardless of the quantity of an oil or hazardous substance release which
  occurs beneath the surface of the land or impacts or threatens waters of the
  state or threatens the public health and welfare.
002.01B Immediate notification is required of
  a release upon the surface of the land of an oil in a quantity that exceeds 25
  gallons, or of a hazardous substance which equals or exceeds 100 pounds or its
  reportable quantity under Section 101(14) of the Comprehensive Environmental
  Response, Compensation and Liability Act of 1980 as amended (40 CFR Part 302)
  and Section 329(3) of the Emergency Planning and Community Right-to-Know Act of
  1986 (40 CFR Part 355), whichever is less.
002.01B1 Notification is not required for a
  release under this subsection if either of the following conditions are met:
002.01B1a The release is confined and
  expected to stay confined within a building or otherwise wholly enclosed
  structure, owned by the responsible party, in which the floors and walls are of
  non-earthen materials which are adequately impervious to the released
  substance(s) and is cleaned up within 24 hours of its discovery, or
002.01B1b The release is in compliance with
  conditions established in State statutes, regulations or permits.
002.01C Notification is
  not required for any release upon the surface of the land of oil or hazardous
  substance that does not exceed the reportable quantities in
002.01B
above and which will not constitute a threat
  to public health and welfare, the environment, or a threat of entering the
  waters of the state and provided that the release is cleaned up.
002.01D The Department retains full
  authority to require further actions of the responsible party although the
  release or suspected release is not reportable under the above
  subsections.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 126 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 18 - RELEASES OF OIL OR HAZARDOUS SUBSTANCES › Section 126-18-003 - Containment

Current through June 17, 2024
003.01 Whenever an oil or hazardous substance
  is released, it shall be the duty of the responsible person to take or cause to
  be taken, within 24 hours, all necessary steps to stop the release and contain
  all released material.
003.02 As
  soon as the release has been stopped and contained, the responsible person
  shall take action to preclude continued or future releases.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 126 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 18 - RELEASES OF OIL OR HAZARDOUS SUBSTANCES › Section 126-18-004 - Investigation

Current through June 17, 2024
004.01 When a release occurs, it shall be the
  duty of the responsible person to determine all of the affected environment and
  to provide other pertinent information deemed necessary by the Department to
  fully assess the impacts of the release, including but not limited to the names
  and addresses of adjacent landowners and existing water users. The release
  investigation shall be conducted in a timely and diligent manner and in
  accordance with a schedule established by the Department.
004.02 The Department may request written
  responses to questions regarding releases and suspected releases from the
  responsible person or other persons whom the Department has reason to believe
  have pertinent information necessary to verify the release or determine its
  extent or impact or verify the identity of the responsible person.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 126 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 18 - RELEASES OF OIL OR HAZARDOUS SUBSTANCES › Section 126-18-005 - Remedial Action

Current through June 17, 2024
005.01 At any time after notification of a
  release, the Department may require the responsible person to develop and
  submit a written remedial action plan in accordance to a schedule and format
  established by the Department.
005.02 The remedial action plan is subject to
  the Department's review and approval.
005.03 Upon approval of the remedial action
  plan or as directed by the Department, the responsible person shall implement
  the plan and any modifications pursuant to a schedule and in a format
  established by the Department.
005.04 Remedial action of an oil or hazardous
  substance release shall proceed in a timely and diligent manner and in
  accordance with a schedule established by the Department. Actions such as, but
  not limited to, environmental monitoring and limiting public access may be
  included as remedial action responsibilities.
005.05 Cleanup shall be to the extent which
  will prevent a hazard to human health, safety, and the land and waters of the
  state. Remedial action for ground water shall be performed pursuant to the
  requirements in Appendix A of Title 118 - Ground Water Quality Standards and
  Use Classification.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 126 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 18 - RELEASES OF OIL OR HAZARDOUS SUBSTANCES › Section 126-18-006 - Disposal

Current through June 17, 2024
006.01 Wastes generated from the cleanup of
  an oil or hazardous substance release, if determined to be hazardous wastes,
  shall be disposed of in accordance with Title 128 - Rules and Regulations
  Governing Hazardous Waste Management in Nebraska.
006.01A Wastes generated from a cleanup
  action, that are not specifically covered by Title 128 - Rules and Regulations
  Governing Hazardous Waste Management in Nebraska, shall be disposed of as
  determined by the Department in accordance with the Departmental Rules and
  Regulations.
006.01B All disposal
  actions shall require prior approval by the Department.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 126 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 18 - RELEASES OF OIL OR HAZARDOUS SUBSTANCES › Section 126-18-007 - Responsible Person Unwilling or Unknown

Current through June 17, 2024
007.01 In the event of an oil or hazardous
  substance release or suspected release in which the responsible person is
  unwilling to carry out Sections
004
or
005
of this Chapter, or the responsible person is
  unknown, the Director may initiate, by what resources may be available,
  remedial actions.
007.02 The
  Department may require investigations by potentially responsible persons. This
  may include testing of the potential sources and affected environment by
  methods approved by the Department.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 126 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 18 - RELEASES OF OIL OR HAZARDOUS SUBSTANCES › Section 126-18-008 - Liabilities

Current through June 17, 2024
008.01 Compliance with the above sections
  does not relieve the responsible person from liabilities, damages or penalties
  resulting from the release, cleanup and disposal of an oil or hazardous
  substance. This may include the reimbursement for any losses of fish or
  wildlife pursuant to Neb. Rev. Stat. §
									81-1508(2)
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Appendix III - DELISTED WASTES, MONROE AUTO

Current through June 17, 2024
Facility:
Address:
Monroe Auto
Cozad, Nebraska
Equipment Company
Sandhills Landfill
Waste Characterization:
Soil and residues remaining in landfill after removal of wastewater
	 treatment sludges from electroplating operations EPA Hazardous Wastes Number
	 (F006).
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - GENERAL › Section 128-1-002 - Availability of information; confidentiality of information

Current through June 17, 2024
Availability of information; confidentiality of information.
002.01 Any information provided to the
  Department under this Title will be made available to the public to the extent
  and in the manner authorized by Title 115, Rules of Practice and Procedures,
  Nebraska Department of Environmental Quality.
002.02 Any person who submits information to
  the Department in accordance with this Title may assert a claim of business
  confidentiality covering part or all of that information in accordance with
  Title 115, Rules of Practice and Procedures, Nebraska Department of
  Environmental Quality.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - GENERAL › Section 128-1-003 - References

Current through June 17, 2024
Publications and testing methods used in this Title are defined in
	 40 CFR
	 260.11, which is hereby adopted and
	 incorporated by reference herein.
003.01 General provisions pertaining to the
  adoption of regulations by reference are provided in Chapter 26.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - GENERAL › Section 128-1-005 - Aboveground tank

Current through June 17, 2024
"Aboveground tank" means a device meeting the definition of "tank" in
	 this Chapter, and that is situated in such a way that the entire surface area
	 of the tank is completely above the plane of the adjacent surrounding ground
	 surface and the entire surface area of the tank (including the tank bottom) is
	 able to be visually inspected.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - GENERAL › Section 128-1-007 - Active portion

Current through June 17, 2024
"Active portion" means that portion of a facility where treatment,
	 storage, or disposal operations are being or have been conducted after the
	 effective date of regulations causing these operations to be regulated and
	 which is not a closed portion. (See also "closed portion" and "inactive
	 portion.")
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - GENERAL › Section 128-1-008 - Acute Hazardous Waste

Current through June 17, 2024
"Acute Hazardous Waste" means waste listed with the code "H" in Chapter
	 3, 013 through 016. This waste is regulated at 1 kilogram.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - GENERAL › Section 128-1-009 - Ancillary equipment

Current through June 17, 2024
"Ancillary equipment" means any device including, but not limited to,
	 such devices as piping, fittings, flanges, valves, and pumps that is used to
	 distribute, meter, or control the flow of hazardous waste from its point of
	 generation to a storage or treatment tank(s), between hazardous waste storage
	 and treatment tanks to a point of disposal onsite, or to a point of shipment
	 for disposal off-site.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - GENERAL › Section 128-1-010 - Aquifer

Current through June 17, 2024
"Aquifer" means a geologic formation, group of formations, or part of a
	 formation that is capable of yielding usable amounts of water to a well,
	 spring, or other point of discharge.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - GENERAL › Section 128-1-012 - Authorized representative

Current through June 17, 2024
"Authorized representative" means the person responsible for the
	 overall operation of a facility or an operational unit (i.e., part of a
	 facility), e.g., the plant manager, superintendent or person of equivalent
	 responsibility.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - GENERAL › Section 128-1-013 - Boiler

Current through June 17, 2024
"Boiler" means an enclosed device using controlled flame combustion and
	 having the following characteristics:
013.01 The unit must have physical provisions
  for recovering and exporting thermal energy in the form of steam, heated
  fluids, or heated gases; and
013.02
  The unit's combustion chamber and primary energy recovery section(s) must be of
  integral design. To be of integral design, the combustion chamber and the
  primary energy recovery section(s) (such as waterwalls and superheaters) must
  be physically formed into one manufactured or assembled unit. A unit in which
  the combustion chamber and the primary energy recovery section(s) are joined
  only by ducts or connections carrying flue gas is not integrally designed;
  however, secondary energy recovery equipment (such as economizers or air
  preheaters) need not be physically formed into the same unit as the combustion
  chamber and the primary energy recovery section. The following units are not
  precluded from being boilers solely because they are not of integral design:
  process heaters (units that transfer energy directly to a process stream), and
  fluidized bed combustion units; and
013.03 While in operation, the unit must
  maintain a thermal energy recovery efficiency of at least 60 percent,
  calculated in terms of the recovered energy compared with the thermal value of
  the fuel; and
013.04 The unit must
  export and utilize at least 75 percent of the recovered energy, calculated on
  an annual basis. In this calculation, no credit shall be given for recovered
  heat used internally in the same unit. (Examples of internal use are the
  preheating of fuel or combustion air, and the driving of induced or forced
  draft fans or feedwater pumps); or
013.05 The unit is one which tine Director
  has determined, on a case-by-case basis, to be a boiler, after considering tine
  standards in Chapter 5, 002.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - GENERAL › Section 128-1-015 - Cathode ray tube or CRT

Current through June 17, 2024
"Cathode ray tube" or "CRT" shall mean a vacuum tube, composed
	 primarily of glass, which is the visual or video display component of an
	 electronic device. A used, intact CRT means a CRT whose vacuum has not been
	 released. A used, broken CRT means glass removed from its housing or casing
	 whose vacuum has been released.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - GENERAL › Section 128-1-018 - Closed portion

Current through June 17, 2024
"Closed portion" means that portion of a facility which an owner or
	 operator has closed in accordance with the approved facility closure plan and
	 all applicable closure requirements. (See also "active portion" and "inactive
	 portion.")
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - GENERAL › Section 128-1-019 - Commercial Hazardous Waste Management Facility

Current through June 17, 2024
"Commercial Hazardous Waste Management Facility" means a facility which
	 accepts hazardous waste for treatment, storage or disposal which is generated
	 by any person other than the person who owns or operates such
	 facility.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - GENERAL › Section 128-1-021 - Conditionally exempt small quantity generator

Current through June 17, 2024
"Conditionally exempt small quantity generator" means a generator who
	 generates no more than 100 kilograms of hazardous waste in a month, and
	 accumulates no more than a total of 1,000 kilograms of hazardous waste. If a
	 conditionally exempt small quantity generator also generates acute hazardous
	 waste, those acute hazardous wastes are subject to the exemptions and
	 regulations of Chapter 8.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - GENERAL › Section 128-1-022 - Confined aquifer

Current through June 17, 2024
"Confined aquifer" means an aquifer bounded above and below by
	 impermeable beds or by beds of distinctly lower permeability than that of the
	 aquifer itself; an aquifer containing confined groundwater.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - GENERAL › Section 128-1-023 - Contained

Current through June 17, 2024
"Contained" means held in a unit (including a land-based unit as
	 defined in this Chapter) that meets the following criteria:
023.01 The unit is in good condition, with no
  leaks or other continuing or intermittent unpermitted releases of the hazardous
  secondary materials to the environment and is designed, as appropriate for the
  hazardous secondary materials, to prevent releases of hazardous secondary
  materials to the environment. Unpermitted releases are releases that are not
  covered by a permit (such as a permit to discharge to water or air) and may
  include, but are not limited to, releases through surface transport by
  precipitation runoff, releases to soil and groundwater, wind-blown dust,
  fugitive air emissions, and catastrophic unit failures:
023.02 The unit is properly labeled or
  otherwise has a system (such as a log) to immediately identify the hazardous
  secondary materials in the unit: and
023.03 The unit holds hazardous secondary
  materials that are compatible with other hazardous secondary materials placed
  in the unit and is compatible with the materials used to construct the unit and
  addresses any potential risks of fires or explosions.
023.04 Hazardous secondary materials in units
  that meet the applicable requirements of Chapters 21 and 22 of this Title are
  presumptively contained.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - GENERAL › Section 128-1-025 - Containment Building

Current through June 17, 2024
"Containment Building" means a hazardous waste management unit that is
	 used to store or treat hazardous waste under the provisions of Chapter 21, 022,
	 or Chapter 22, 022.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - GENERAL › Section 128-1-026 - Contingency plan

Current through June 17, 2024
"Contingency plan" means a document setting out an organized, planned,
	 and coordinated course of action to be followed in case of a fire, explosion,
	 or release of hazardous waste or hazardous waste constituents which could
	 threaten human health or the environment.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - GENERAL › Section 128-1-027 - Corrective action management unit or CAMU

Current through June 17, 2024
"Corrective action management unit" or "CAMU" means an area within a
	 facility that is designated by the Director under Chapter 21, 016, for the
	 purpose of implementing corrective action requirements under
	 40 CFR
	 264.101, which is incorporated by reference
	 in Chapter 21, 006, and RCRA Section 3008(h). A CAMU shall only be used for the
	 management of remediation wastes pursuant to implementing such corrective
	 action requirements at the facility.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - GENERAL › Section 128-1-028 - Corrosion expert

Current through June 17, 2024
"Corrosion expert" means a person who, by reason of his or her
	 knowledge of the physical sciences and the principles of engineering and
	 mathematics, acquired by a professional education and related practical
	 experience, is qualified to engage in the practice of corrosion control on
	 buried or submerged metal piping systems and metal tanks. Such a person must be
	 certified as being qualified by the National Association of Corrosion Engineers
	 (NACE) or be a registered professional engineer who has certification or
	 licensing that includes education and experience in corrosion control on buried
	 or submerged metal piping systems and metal tanks.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - GENERAL › Section 128-1-031 - CRT exporter

Current through June 17, 2024
"CRT exporter" means any person in the United States who initiates a
	 transaction to send used CRTs outside the United States or its territories for
	 recycling or reuse, or any intermediary in the United States arranging for such
	 export.
031.01 Receiving broken or
  intact CRT's; and
031.02
  Intentionally breaking intact CRT's or further breaking or separating broken
  CRT's; and
031.03 Sorting or
  otherwise managing glass removed from CRT monitors.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - GENERAL › Section 128-1-033 - CRT processing

Current through June 17, 2024
"CRT processing" shall mean conducting all of the following
	 activities:
033.01 Receiving broken or
  intact CRT's; and
033.02
  Intentionally breaking intact CRT's or further breaking or separating broken
  CRT's; and
033.03 Sorting or
  otherwise managing glass removed from CRT monitors.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - GENERAL › Section 128-1-034 - DEQ/EPA hazardous waste number or waste code

Current through June 17, 2024
"DEQ/EPA hazardous waste number" or "waste code" means the number
	 assigned by the Council to each hazardous waste listed in Chapter 3, 011
	 through 016 and to each characteristic identified in Chapter 3, 005 through
	 010.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - GENERAL › Section 128-1-035 - DEQ/EPA identification number

Current through June 17, 2024
"DEQ/EPA identification number" means the number assigned by DEQ to
	 each generator, transporter, and treatment, storage, or disposal
	 facility.
035.01 Designated facility
"Designated facility" also means a generator site designated on the
	 manifest to receive its waste as a return shipment from a facility that has
	 rejected the waste in accordance with 40 CFR Part
	 264.72(f) or Part
	 265.72(f), which
	 is incorporated by reference in Chapter 21, 005, and Chapter 22, 005,
	 respectively.
035.02 If a
  waste is destined for a facility in an authorized State which has not yet
  obtained authorization to regulate that particular waste as hazardous, then the
  designated facility must be a facility allowed by the receiving State to accept
  such waste.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - GENERAL › Section 128-1-037 - Designated facility

Current through June 17, 2024
"Designated facility" means a hazardous waste treatment, storage, or
	 disposal facility which:
(1) has
  received a permit or interim status in accordance with the requirements of 40
  CFR Part 270 and 124,
(2) has
  received a permit or interim status under Chapters 12 through 15, and, 22 of
  this Title or from a State authorized in accordance with 40 CFR Part 271,
  or
(3) is regulated under Chapter
  7, 006 or 011 and
(4) that has been
  designated on the manifest by the generator pursuant to Chapter 10,
  002.
037.01 Designated facility
"Designated facility" also means a generator site designated on the
	 manifest to receive its waste as a return shipment from a facility that has
	 rejected the waste in accordance with 40 CFR Part
	 264.72(f) or Part
	 265.72(f), which
	 is incorporated by reference in Chapter 21, 005, and Chapter 22, 005,
	 respectively.
037.02 If a
  waste is destined for a facility in an authorized State which has not yet
  obtained authorization to regulate that particular waste as hazardous, then the
  designated facility must be a facility allowed by the receiving State to accept
  such waste.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - GENERAL › Section 128-1-038 - Dike

Current through June 17, 2024
"Dike" means an embankment or ridge of either natural or man-made
	 materials used to prevent the movement of liquids, sludges, solids, or other
	 materials.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - GENERAL › Section 128-1-039 - Dioxins and furans (D/F)

Current through June 17, 2024
"Dioxins and furans (D/F)" means tetra, penta, hexa, hepta, and
	 octa-chlorinated dibenzo dioxins and furans.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - GENERAL › Section 128-1-041 - Discharge

Current through June 17, 2024
"Discharge" or "hazardous waste discharge" means the accidental or
	 intentional spilling, leaking, pumping, pouring, emitting, emptying, or dumping
	 of hazardous waste into or on any land, water, or air.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - GENERAL › Section 128-1-042 - Disposal

Current through June 17, 2024
"Disposal" means the discharge, deposit, injection, dumping, spilling,
	 leaking, or placing of any solid waste or hazardous waste into or on any land
	 or water so that such solid waste or hazardous waste or any constituent,
	 decomposition by-product, or reaction by-product thereof may enter the
	 environment or be emitted into the air or discharged into any waters, including
	 groundwater.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - GENERAL › Section 128-1-043 - Disposal facility

Current through June 17, 2024
"Disposal facility" means a facility or part of a facility at which
	 hazardous waste is intentionally placed into or on any land or water, and at
	 which waste will remain after closure. The term "disposal facility" does not
	 include a corrective action management unit into which remediation wastes are
	 placed.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - GENERAL › Section 128-1-044 - DOT

Current through June 17, 2024
"DOT" means the United States Department of Transportation.
044.01 Is used for neutralizing wastes that
  are hazardous only because they exhibit the corrosivity characteristic defined
  in Chapter 3, 008 or are listed in Chapter 3, 011 through 016 only for this
  reason; and
044.02 Meets the
  definition of tank, tank system, container, transport vehicle or vessel in this
  Chapter.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - GENERAL › Section 128-1-045 - Drip pad

Current through June 17, 2024
"Drip pad" means an engineered structure consisting of a curbed,
	 free-draining base, constructed of non-earthen materials and designed to convey
	 preservative kick-back or drippage from treated wood, precipitation, and
	 surface water run-on to an associated collection system at wood preserving
	 plants.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - GENERAL › Section 128-1-046 - Elementary neutralization unit

Current through June 17, 2024
"Elementary neutralization unit" means a device which:
046.01 Is used for neutralizing wastes that
  are hazardous only because they exhibit the corrosivity characteristic defined
  in Chapter 3, 008 or are listed in Chapter 3, 011 through 016 only for this
  reason; and
046.02 Meets the
  definition of tank, tank system, container, transport vehicle or vessel in this
  Chapter.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - GENERAL › Section 128-1-047 - EPA

Current through June 17, 2024
"EPA" means the United States Environmental Protection Agency.
047.01 A continuous on-site, physical
  construction program has begun; or
047.02 The owner or operator has entered into
  contractual obligations, which cannot be canceled or modified without
  substantial loss, for physical construction of the facility to be completed
  within a reasonable time.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - GENERAL › Section 128-1-049 - Existing hazardous waste management (HWM) facility or existing facility

Current through June 17, 2024
"Existing hazardous waste management (HWM) facility" or "existing
	 facility" means a facility which was in operation or for which construction
	 commenced on or before November 19, 1980. A facility has commenced construction
	 if the owner or operator has obtained the Federal, State, and local approvals
	 or permits necessary to begin physical construction; and either:
049.01 A continuous on-site, physical
  construction program has begun; or
049.02 The owner or operator has entered into
  contractual obligations, which cannot be canceled or modified without
  substantial loss, for physical construction of the facility to be completed
  within a reasonable time.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - GENERAL › Section 128-1-050 - Existing portion

Current through June 17, 2024
"Existing portion" means that land surface area of an existing
	 hazardous waste management unit, included in the original Part A permit
	 application, on which wastes have been placed prior to the issuance of a
	 permit.
050.01 All contiguous land,
  and structures, other appurtenances, and improvements on the land, used for
  treating, storing, or disposing of hazardous waste. A facility may consist of
  several treatment, storage, or disposal operational units (e.g., one or more
  landfills, surface impoundments, or combinations of them).
050.02 For the purpose of implementing
  corrective action under
  40 CFR
  264.101, which is incorporated by reference
  in Chapter 21, 006, all contiguous property under the control of the owner or
  operator seeking a permit under subtitle C of RCRA. This definition also
  applies to facilities implementing corrective action under RCRA section
  3008(h).
050.03 Notwithstanding
  050.02 of this definition, a remediation waste management site is not a
  facility that is subject to
  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 within such a facility.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - GENERAL › Section 128-1-051 - Existing tank system or existing component

Current through June 17, 2024
"Existing tank system" or "existing component" means a tank system or
	 component that is used for the storage or treatment of hazardous waste and that
	 is in operation, or for which installation is commenced on or prior to July 14,
	 1986. Installation will be considered to have commenced if the owner or
	 operator has obtained all Federal, State, and local approvals or permits
	 necessary to begin physical construction of the site or installation of the
	 tank system and if either (1) a continuous on-site physical construction or
	 installation program has begun, or (2) the owner or operator has entered into
	 contractual obligations - which cannot be canceled or modified without
	 substantial loss - for physical construction of the site or installation of the
	 tank system to be completed within a reasonable time.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - GENERAL › Section 128-1-052 - Facility

Current through June 17, 2024
"Facility" means:
052.01 All
  contiguous land, and structures, other appurtenances, and improvements on the
  land, used for treating, storing, or disposing of hazardous waste, or for
  managing hazardous secondary materials prior to reclamation. A facility may
  consist of several treatment, storage, or disposal operational units (e.g., one
  or more landfills, surface impoundments, or combinations of them).
052.02 For the purpose of implementing
  corrective action under
  40 CFR
  264.101, which is incorporated by reference
  in Chapter 21, 006, all contiguous property under the control of the owner or
  operator seeking a permit under subtitle C of RCRA. This definition also
  applies to facilities implementing corrective action under RCRA section
  3008(h).
052.03 Notwithstanding
  050.02 of this definition, a remediation waste management site is not a
  facility that is subject to
  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 within such a facility.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - GENERAL › Section 128-1-053 - Federal Act or RCRA

Current through June 17, 2024
"Federal Act" or "RCRA" means the Solid Waste Disposal Act, as amended
	 by the Resource Conservation and Recovery Act of 1976, as amended,
	 42 U.S.C. §
										6901 et. seq.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - GENERAL › Section 128-1-054 - Federal agency

Current through June 17, 2024
"Federal agency" means any department, agency, or other instrumentality
	 of the Federal Government, any independent agency or establishment of the
	 Federal Government including any government corporation, and the Government
	 Printing Office.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - GENERAL › Section 128-1-055 - Federal, State and local approvals or permits necessary to begin physical construction

Current through June 17, 2024
"Federal, State and local approvals or permits necessary to begin
	 physical construction" means permits and approvals required under Federal,
	 State or local hazardous waste control statutes, regulations or
	 ordinances.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - GENERAL › Section 128-1-056 - Final closure

Current through June 17, 2024
"Final closure" means the closure of all hazardous waste management
	 units at the facility in accordance with all applicable closure requirements so
	 that hazardous waste management activities under Chapters 21 and 22 are no
	 longer conducted at the facility unless subject to the provisions for
	 accumulation time in Chapters 8 through 10.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - GENERAL › Section 128-1-060 - Generator

Current through June 17, 2024
"Generator" means any person, by site, whose act or process produces
	 hazardous waste identified or listed in Chapter 3 or whose act first causes a
	 hazardous waste to become subject to regulation.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - GENERAL › Section 128-1-063 - Hazardous secondary material

Current through June 17, 2024
"Hazardous secondary material" means a secondary material (e.g., spent
	 material, by product, or sludge) that, when discarded, would be a hazardous
	 waste as defined in Chapters 2 and 3.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - GENERAL › Section 128-1-064 - Hazardous secondary material generator

Current through June 17, 2024
"Hazardous secondary material generator" means any person whose act or
	 process produces hazardous secondary materials at the generating facility For
	 purposes of this paragraph, "generating facility" means all contiguous property
	 owned, leased, or otherwise controlled by the hazardous secondary material
	 generator. For the purposes of Chapter 2, Section 008.25, a facility that
	 collects hazardous secondary materials from other persons is not the hazardous
	 secondary material generator.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - GENERAL › Section 128-1-065 - Hazardous waste constituent

Current through June 17, 2024
"Hazardous waste constituent" means a constituent that caused the
	 Council to list the hazardous waste in Chapters 3, 011 through 016 or a
	 constituent listed in Table 3 of Chapter 3, 010.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - GENERAL › Section 128-1-066 - Hazardous waste management

Current through June 17, 2024
"Hazardous waste management" means the systematic control of the
	 collection, source separation, storage, transportation, processing, treatment,
	 recovery, and disposal of hazardous waste.
066.01 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
066.02 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 128-1-067 - Hazardous waste management unit

Current through June 17, 2024
"Hazardous waste management unit" is a contiguous area of land on or in
	 which hazardous waste is placed, or the largest area in which there is
	 significant likelihood of mixing hazardous waste constituents in the same area.
	 Examples of hazardous waste management units include a surface impoundment, a
	 waste pile, a land treatment area, a landfill cell, an incinerator, a tank and
	 its associated piping and underlying containment system and a container storage
	 area. A container alone does not constitute a unit; the unit includes
	 containers and the land or pad upon which they are placed.
067.01 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
067.02 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.