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

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.

005.01C If the waste or contaminated soil meets the treatment standard at the original point of generation:

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

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:

005.01F 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:

005.01J 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.

005.04A A one-time notification, including the following information, must be submitted to DEQ:

005.04B The notification must be updated if the debris is shipped to a different facility, and, for debris excluded under Chapter 2, 007.02A, if a different type of debris is treated or if a different technology is used to treat the debris.

005.04C For debris excluded under Chapter 2, 007.02A of this chapter, the owner or operator of the treatment facility must document and certify compliance with the treatment standards of Table 11, Alternative Treatment Standards for Hazardous Debris, of this Title, as follows:

005.05A Prepare a one-time only documentation of these determinations including all supporting information; and,

005.05B Maintain that information in the facility files and other records for a minimum of three years.