Section 128-2-007 - Exclusions007.01 Any solid waste described in Section 006 is not a hazardous waste if it meets the following criteria: 007.01A In the case of solid waste, it does not exhibit any of the characteristics identified in Chapter 3, 005 through 010.(However, wastes that exhibit a characteristic at the point of generation may still be subject to the requirements of Chapter 20, even if they no longer exhibit a characteristic at the point of land disposal.)007.01B In the case of a waste listed in Chapter 3, 011 through 018, contains a waste listed in Chapter 3, 013 through 018 or is derived from a waste listed in Chapter 3, 013 through 018, it also has been excluded from Section 006 of this Chapter under Chapter 6, 001 and 003.007.02 Notwithstanding Sections 004 through 007.01B of this Chapter and provided the debris as defined in Chapter 20 does not exhibit a characteristic identified at Chapter 3, 005 through 010, the following materials are not subject to regulation under this Title: 007.02A Hazardous debris as defined in Chapter 20 that has been treated using one of the required extraction or destruction technologies specified in Chapter 20, 011, Table 11; persons claiming this exclusion in an enforcement action will have the burden of proving by clear and convincing evidence that the material meets all of the exclusion requirements; or007.02B Debris as defined in Chapter 20 that the Director, considering the extent of contamination, has determined is no longer contaminated with hazardous waste.007.03 A hazardous waste that is listed in Chapter 3, 013 through 018 of this Title solely because it exhibits one or more characteristics of ignitability as defined under Chapter 3, 007, corrosivity as defined under Chapter 3, 008, or reactivity as defined under Chapter 3, 009 is not a hazardous waste, if the waste no longer exhibits any characteristic of hazazardous waste identified in Chapter 3, 006 through 010 of this Title. 007.03A The exclusion described in 007.03 of this Section also pertains to: 007.03A1 Any mixture of a solid waste and a hazardous waste listed in Chapter 3, 013 through 018 of this Title solely because it exhibits the characteristics of ignitability, corrosivity, or reactivity as regulated under 004.02C of this Chapter; and007.03A2 Any solid waste generated from treating, storing, or disposing of a hazardous waste listed in Chapter 3, 006 through 010 of this Title solely because it exhibits the characteristics of ignitability, corrosivity, or reactivity as regulated under 006.02 of this Chapter.007.03B Wastes excluded under this section are subject to Chapter 20 of this Title (as applicable), even if they no longer exhibit a characteristic at the point of land disposal.007.03C Any mixture of a solid waste excluded from regulation under Section 009.05 of this chapter, and a hazardous waste listed in Chapter 3, Sections 011 through 018, solely because it exhibits one or more of the characteristics of ignitability, corrosivity, or reactivity as regulated under Section 004.02C of this chapter, is not a hazardous waste, if the mixture no longer exhibits any characteristic of hazardous waste identified in Chapter 3, Sections 005 through 010, for which the hazardous waste listed in Chapter 3, Sections 011 through 018, was listed.007.04 Hazardous waste containing radioactive waste is no longer a hazardous waste when it meets the eligibility criteria and conditions of 40 CFR Part 266, Subpart N ("eligible radioactive mixed waste") as incorporated by reference in Chapter 7, 013. 007.04A The exemption described in 007.04 of this Section also pertains to: 007.04A1 Any mixture of a solid waste and an eligible radioactive mixed waste; and007.04A2 Any solid waste generated from treating, storing, or disposing of an eligible radioactive mixed waste.007.04B Waste exempted under this section must meet the eligibility criteria and specified conditions in 40 CFR 266.225 and 40 CFR 266.230 (for storage and treatment) and in 40 CFR 266.310 and 40 CFR 266.315 (for transportation and disposal) as incorporated by reference in Chapter 7, 013. Waste that fails to satisfy these eligibility criteria and conditions is regulated as hazardous waste.128 Neb. Admin. Code, ch. 2, § 007