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

Universal Citation: 128 NE Admin Rules and Regs ch 2 ยง 003

Current through March 20, 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.

003.02B Recycled, as explained in Section 003.03 of this Chapter; or

003.02C Considered inherently waste-like, as explained in Section 003.04 of this Chapter.

003.03 Materials are solid wastes if they are recycled - or accumulated, stored, or treated before recycling - as specified in Sections 003.03A through 003.03D of this Chapter.

003.03A Used in a manner constituting disposal. Materials noted with a "*" in Column 1 of Table 1 of this Title are solid wastes when they are:
003.03A1 Applied to or placed on the land in a manner that constitutes disposal; or

003.03A2 Used to produce products that are applied to or placed on the land or are otherwise contained in products that are applied to or placed on the land (in which cases the product itself remains a solid waste)

003.03A3 However, commercial chemical products listed in Chapter 3, 015 and 016 are not solid wastes if they are applied to the land and that is their ordinary manner of use.

003.03B Burning for energy recovery. Materials noted with a "*" in Column 2 of Table 1 of this Title are solid wastes when they are:
003.03B1 Burned to recover energy; or,

003.03B2 Used to produce a fuel or are otherwise contained in fuels (in which case the fuel itself remains a solid waste).

003.03B3 However, commercial chemical products listed in Chapter 3, 015 and 016 are not solid wastes if they are themselves fuels.

003.03C Reclaimed. Materials noted with a "......." in Column 3 of Table 1 of this Title are not solid wastes when reclaimed. Materials noted with a "*" in Column 3 of Table 1 of this Title are solid wastes when reclaimed unless they meet the requirements of Sections 008.25, 008.26, or 008.27.

003.03D Accumulated speculatively. Materials noted with a "*" in Column 4 of Table 1 of this Title are solid wastes when accumulated speculatively.

TABLE 1

COLUMN 1

Use constituting disposal (003.03A)

COLUMN 2

Energy recovery/fuel

(003.03B)

COLUMN 3

Reclamation (003.03C), except as provided in Sections 008.25, 008.26, or 008.27

COLUMN 4

Speculative accumulation (003.03D)

Spent Materials

*

*

*

*

Sludges (listed in Chapter 3, 013 or 014)

*

*

*

*

Sludges exhibiting a characteristic of hazardous waste

*

*

.......

*

By-products (listed in Chapter 3, 013 or 014)

*

*

*

*

By-products exhibiting a characteristic of hazardous waste

*

*

.......

*

Commercial chemical products listed in Chapter 3, 015 or 016)

*

*

.......

.......

Scrap metal other than excluded scrap metal (see Section 002.08 of this Chapter)

*

*

*

*

003.04 Inherently waste-like materials

The following materials are solid wastes when they are recycled in any manner:

003.04A Hazardous Waste Nos. F020, F021 (unless used as an ingredient to make a product at the site of generation), F022, F023, F026, and F028 as listed in Chapter 3, 013.

003.04B Secondary materials fed to a halogen acid furnace that exhibit a characteristic of a hazardous waste as defined in Chapter 3, 005 through 010, or are listed hazardous waste as defined in Chapter 3, 011 through 018 except for brominated material that meets the following criteria:
003.04B1 The material must contain a bromine concentration of at least 45%; and

003.04B2 The material must contain less than a total of 1% of toxic organic compounds listed in Appendix I of Title 128; and

003.04B3 The material is processed continually on-site in the halogen acid furnace via direct conveyance (hard piping).

003.04C The Council will use the following criteria to add wastes to that list:
003.04C1 The materials are ordinarily disposed of, burned, or incinerated; or the materials contain toxic constituents listed in Appendix I and these constituents are not ordinarily found in raw materials or products for which the materials substitute (or are found in raw materials or products in smaller concentrations) and are not used or reused during the recycling process; and

003.04C2 The material may pose a substantial hazard to human health and the environment when recycled.

003.05 Materials that are not solid waste when recycled

003.05A Materials are not solid wastes when they can be shown to be recycled by being:
003.05A1 Used or reused as ingredients in an industrial process to make a product, provided the materials are not being reclaimed; or

003.05A2 Used or reused as effective substitutes for commercial products; or

003.05A3 Returned to the original process from which they are generated, without first being reclaimed or land disposed. The material must be returned as a substitute for feedstock materials. In cases where the original process to which the material is returned is a secondary process, the materials must be managed such that there is no placement on the land.

003.05B The following materials are solid wastes, even if the recycling involves use, reuse, or return to the original process (described in Section 003.05A of this Chapter).
003.05B1 Materials used in a manner constituting disposal, or used to produce products that are applied to the land; or

003.05B2 Materials burned for energy recovery, used to produce a fuel, or contained in fuels; or

003.05B3 Materials accumulated speculatively; or

003.05B4 Materials listed in Sections 003.04A and 003.04B of this Chapter.

003.05C Material removed from a container or other device used to store a substance which was manufactured or formulated for commercial or manufacturing use, provided the recycled material is used for the same purpose as the substance being stored.

003.06 Documentation of claims that materials are not solid wastes or are conditionally exempt from regulation. Respondents in actions to enforce these regulations who raise a claim that a certain material is not a solid waste, or is conditionally exempt from regulation, must demonstrate that there is a known market or disposition for the material, and that they meet the terms of the exclusion or exemption. In doing so, they must provide appropriate documentation (such as contracts showing that a second person uses the material as an ingredient in a production process) to demonstrate that the material is not a waste, or is exempt from regulation. In addition, owners or operators of facilities claiming that they actually are recycling materials must show that they have the necessary equipment to do so.

003.07 Sham recycling

A hazardous secondary material found to be sham recycled is considered discarded and a solid waste. Sham recycling is recycling that is not legitimate recycling as defined in Chapter 5, Section .009.

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