Nebraska Administrative Code
Topic - ENVIRONMENT AND ENERGY
Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY
Chapter 20 - LAND DISPOSAL RESTRICTIONS (LDR)
Section 128-20-006 - Special rules regarding wastes that exhibit a characteristic

Universal Citation: 128 NE Admin Rules and Regs ch 20 ยง 006

Current through September 17, 2024

006.01 The initial generator of a solid waste must determine each EPA Hazardous Waste Number (waste code) applicable to the waste in order to determine the applicable treatment standards under Sections 009 through 014. For purposes of this Chapter, the waste will carry the waste code for any applicable listed waste (Chapter 3, 011 through 017). In addition, where the waste exhibits a characteristic, the waste will carry one or more of the characteristic waste codes (Chapter 3, 005 through 010), except when the treatment standard for the listed waste operates in lieu of the treatment standard for the characteristic waste, as specified in Section 006.02. If the generator determines that their waste displays a hazardous characteristic (and is not D001 nonwastewaters treated by CMBST, RORGS, or POLYM of Section 010, Table 10 the generator must determine the underlying hazardous constituents (as defined at Section 002.09) in the characteristic waste.

006.02 Where a prohibited waste is both listed under Chapter 3, 011 through 017, and exhibits a characteristic under Chapter 3, 005 through 010, the treatment standard for the waste code listed in Chapter 3, 011 through 017 will operate in lieu of the standard for the waste code under Chapter 3, 005 through 010, provided that the treatment standard for the listed waste includes a treatment standard for the constituent that causes the waste to exhibit the characteristic. Otherwise, the waste must meet the treatment standards for all applicable listed and characteristic waste codes.

006.03 In addition to any applicable standards determined from the initial point of generation, no prohibited waste which exhibits a characteristic under Chapter 3, 005 through 010 may be land disposed unless the waste complies with the treatment standards under Sections 009 through 012.

006.04 Wastes that exhibit a characteristic are also subject to Section 005 requirements, except that once the waste is no longer hazardous, a one-time notification and certification must be placed in the generators or treaters files and sent to the Department of Environmental Quality. The notification and certification that is placed in the generators or treaters files must be updated if the process or operation generating the waste changes and/or if the Subtitle D facility receiving the waste changes. However, the generator or treater need only notify the Department of Environmental Quality on an annual basis if such changes occur. Such notification and certification should be sent to the Department of Environmental Quality by the end of the calendar year, but no later than December 31.

006.04A The notification must include the following information:
006.04A1 The name and address of the Subtitle D facility receiving the waste shipment; and

006.04A2 A description of the waste as initially generated, including the applicable EPA hazardous waste code(s), treatability group(s), and underlying hazardous constituents (as defined in Section 002. 09), unless the waste will be treated and monitored for all underlying hazardous constituents. If all underlying hazardous constituents will be treated and monitored, there is no requirement to list any of the underlying hazardous constituents on the notice.

006.04B The certification must be signed by an authorized representative and must state the language found in 40 CFR 268.7(b) (4), as incorporated by reference in Section 005.02.
006.04B1 If treatment removes the characteristic but does not meet standards applicable to underlying hazardous constituents, then the certification found in 40 CFR 268.7(b) (4)(iv), as incorporated by reference in Section 005.02, applies.

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