Nebraska Administrative Code
Topic - ENVIRONMENT AND ENERGY
Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY
Chapter 20 - LAND DISPOSAL RESTRICTIONS (LDR)
Section 128-20-003 - Dilution prohibited as a substitute for treatment
Current through September 17, 2024
003.01 Except as provided in Section 003.02, no generator, transporter, handler, or owner or operator of a treatment, storage, or disposal facility shall in any way dilute a restricted waste or the residual from treatment of a restricted waste as a substitute for adequate treatment to achieve compliance with Section 009 through 014, to circumvent the effective date of a prohibition in 40 CFR Subpart C, as incorporated by reference in Section 008, to otherwise avoid a prohibition in 4 0 CFR Subpart C, or to circumvent a land disposal prohibition imposed by this Chapter.
003.02 Dilution of wastes that are hazardous only because they exhibit a characteristic in treatment systems which include land-based units which treat wastes subsequently discharged to a water of the United States pursuant to a permit issued under Section 402 of the Clean Water Act (CWA), or which treat wastes in a CWA-equivalent treatment system, or which treat wastes for the purposes of pretreatment requirements under Section 307 of the CWA is not impermissible dilution for purposes of this section unless a method other than DEACT has been specified in Section 009 as the treatment standard, or unless the waste is a D003 reactive cyanide wastewater or nonwastewater.
003.03 Combustion of the hazardous waste codes listed in 40 CFR Part 268 Appendix XI, as incorporated by reference in Section 021, is prohibited, unless the waste, at the point of generation, or after any bona fide treatment such as cyanide destruction prior to combustion, can be demonstrated to comply with one or more of the following criteria (unless otherwise specifically prohibited from combustion):
003.04 It is a form of impermissible dilution, and therefore prohibited, to add iron filings or other metallic forms of iron to lead-containing hazardous wastes in order to achieve any land disposal restriction treatment standard for lead. Lead-containing wastes include D008 wastes (wastes exhibiting a characteristic due to the presence of lead), all characteristic wastes containing lead as an underlying hazardous constituent, listed wastes containing lead as a regulated constituent, and hazardous media containing any of the aforementioned lead-containing wastes.
