Section 128-10-004 - Accumulation time004.01 A generator may accumulate hazardous waste on-site for 90 days or less without a permit or without having interim status, provided that: 004.01A The waste is placed in containers and the generator complies with the following: 004.01A1 If a container holding hazardous waste is not in good condition, or if it begins to leak, the generator must transfer the hazardous waste from this container to a container that is in good condition, or manage the waste in some other way that complies with the requirements of this chapter;004.01A2 A container holding hazardous waste must always be closed during storage, except when it is necessary to add or remove waste;004.01A3 A container holding hazardous waste must not be opened, handled or stored in a manner which may rupture a container or cause it to leak;004.01A4 The generator must inspect areas where containers are stored, at least weekly, looking for leaks and for deterioration caused by corrosion and other factors; and004.01A5 The generator must comply with Chapter 16 pertaining to requirements for ignitable, incompatible or reactive wastes.004.01A6 The generator must comply with Chapter 22, Sections 019 and 020, and 021 pertaining to organic air emissions.004.01B The waste is placed in tanks and the generator complies with the applicable requirements of Chapters 16 and 40 CFR Part 265 subparts J AA, BB, and CC, as incorporated by reference in Chapter 22, Sections 010, 019, 020 and 021 respectively, except that the generator need not comply with 40 CFR 265.197(c) and 265.200 of Subpart J.004.01C The waste is placed on drip pads and the generator complies with Chapter 22, 018, and with the requirements of 40 CFR 262.34(a)(1)(iii), which are hereby adopted and incorporated herein by reference.004.01D The waste is placed in containment buildings and the generator complies with Chapter 22, 022, and the requirements of 40 CFR 262.34(a)(1)(iv), which are hereby adopted and incorporated herein by reference.004.01E If the waste is placed in tanks or containers, the generator complies with 40 CFR 265.111 and 265.114, as incorporated by reference in Chapter 22, 007. In addition, the generator is exempt from all other requirements in Subparts G and H of 40 CFR Part 265, as incorporated by reference in Chapter 22, 007 and 008.004.01F The date upon which each period of accumulation begins must be clearly marked and visible for inspection on each container;004.01G While being accumulated on-site, each container and tank must be labeled or marked clearly with the words "Hazardous Waste."004.01H The generator must comply with the requirements for owners or operators in Chapter 17 (Preparedness and Prevention), Chapter 18 (Contingency Plan and Emergency Procedures), Chapter 19 (Personnel Training) and the applicable requirements in Chapter 20, 005.01E.004.02 A generator who accumulates hazardous waste for more than 90 days is an operator of a storage facility and is subject to the requirements of Chapters 12 through 15, 21 and 22, unless granted an extension to the 90 day period by the Director. The extension may be granted due to unforeseen, temporary, and uncontrollable circumstances for up to 30 days on a case-by-case basis.004.03 A generator who generates 1,000 kilograms or greater of hazardous waste per calendar month who also generates wastewater treatment sludges from electroplating operations that meet the listing description for the RCRA hazardous waste code F006, may accumulate F006 waste on-site for more than 90 days, but not more than 180 days without a permit or without having interim status provided that: 004.03A The generator has implemented pollution prevention practices that reduce the amount of any hazardous substances, pollutants or contaminants entering F006 or otherwise released to the environment prior to its recycling;004.03B The F006 waste is legitimately recycled through metals recovery;004.03C No more than 20,000 kilograms of F006 waste is accumulated on-site at any one time; and004.03D The F006 waste is managed in accordance with the following:004.03D1 The F006 waste is placed:004.03D1(a) In containers and the generator complies with the applicable requirements of subparts I, AA, BB, and CC of 40 CFR part 265, as incorporated by reference in Chapter 22, Sections 009, 019, 020 and 021; and/or004.03D1(b) In tanks and the generator complies with the applicable requirements of subparts J, AA, BB, and CC of 40 CFR part 265, as incorporated by reference in Chapter 22, Sections 010, 019, 020 and 021, except 40 CFR 265.197(c) and 265.200; and/or004.03D1(c) In containment buildings and the generator complies with subpart DD of 40 CFR part 265, as incorporated by reference in Chapter 22, Section 022 and has placed its professional engineer certification that the building complies with the design standards specified in 40 CFR 265.1101 in the facilities operating record prior to operation of the unit. The owner or operator must maintain the following records at the facility: 004.03D1(c)(1) A written description of procedures to ensure that the F006 waste remains in the unit for no more than 180 days, a written description of the waste generation and management practices for the facility showing that they are consistent with the 180-day limit, and documentation that the generator is complying with the procedures; or004.03D1(c)(2) Documentation that the unit is emptied at least once every 180 days.004.03D2 In addition, such a generator is exempt from all the requirements in subparts G and H of 40 CFR part 265, except for 265.111 and 265.114, as incorporated by reference in Chapter 22, Sections 007 and 008.004.03D3 The date upon which each period of accumulation begins is clearly marked and visible for inspection on each container;004.03D4 While being accumulated on-site, each container and tank is labeled or marked clearly with the words, "Hazardous Waste;" and004.03D5 The generator complies with the requirements for owners or operators in Chapters 17, 18, 19 and Chapter 20, Section 005.01E.004.04 A generator who generates 1,000 kilograms or greater of hazardous waste per calendar month who also generates wastewater treatment sludges from electroplating operations that meet the listing description for the RCRA hazardous waste code F006, and who must transport this waste, or offer this waste for transportation, over a distance of 200 miles or more for off-site metals recovery, may accumulate F006 waste on-site for more than 90 days, but not more than 270 days without a permit or without having interim status if the generator complies with the requirements of Sections 004.03A through 004.03D of this Chapter.004.05 A generator accumulating F006 in accordance with Sections 004.03 and 004.04 of this Chapter who accumulates F006 waste on-site for more than 180 days (or more than 270 days if the generator must transport this waste, or offer this waste for transportation, over a distance of 200 miles or more), or who accumulates more than 20,000 kilograms of F006 waste on-site is an operator of a storage facility and is subject to the requirements of Chapters 21 and 22 and the permit requirements of Chapters 12 through 15 unless the generator has been granted an extension to the 180-day (or 270-day if applicable) period or an exception to the 20,000 kilogram accumulation limit. Such extensions and exceptions may be granted by the Director if F006 waste remain on-site for longer than 180 days (or 270 days if applicable) or if more than 20,000 kilograms of F006 waste must remain on-site due to unforeseen, temporary, and uncontrollable circumstances. An extension of up to 30 days or an exception to the accumulation limit may be granted at the discretion of the Director on a case-by-case basis.004.06 a generator who sends a shipment of hazardous waste to a designated facility with the understanding that the designated facility can accept and manage the waste and later receives that shipment back as a rejected load or residue in accordance with the manifest discrepancy provisions of 40 CFR Part 264.72 or Part 265.72, as incorporated by reference in Chapter 21, 005, and Chapter 22, 005, respectively, may accumulate the returned waste on-site in accordance with Chapter 10, 004, or Chapter 9, 007 and 008, depending on the amount of hazardous waste on-site in that calendar month. Upon receipt of the returned shipment, the generator must: 004.06A Sign Item 18c of the manifest, if the transporter returned the shipment using the original manifest; or004.06B Sign Item 20 of the manifest, if the transporter returned the shipment using a new manifest.128 Neb. Admin. Code, ch. 10, § 004