The following solid wastes are not hazardous wastes:
009.01 Household waste, including household waste that has been collected, transported, stored, treated, disposed, recovered, (e.g., refuse-derived fuel) or reused. "Household waste" means any material (including garbage, trash and sanitary wastes in septic tanks) derived from households (including single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds, and day-use recreation areas). A facility managing municipal solid waste shall not be deemed to be treating, storing, disposing of, or otherwise managing hazardous wastes for the purposes of these regulations if such facility: 009.01A Receives and burns only: 009.01A1 Household waste (from single and multiple dwellings, hotels, motels, and other residential sources); and009.01A2 Solid waste from commercial or industrial sources that does not contain hazardous waste; and009.01B Such facility does not accept hazardous wastes and the owner or operator of such facility has established contractual requirements or other appropriate notification or inspection procedures to assure that hazardous wastes are not received at or burned in such facility.009.02 Solid wastes generated by any of the following and which are returned to the soils as fertilizers: 009.02A The growing and harvesting of agricultural crops.009.02B The raising of animals, including animal manures.009.03 Fly ash waste, bottom ash waste, slag waste and flue gas emission control waste generated primarily from the combustion of coal or other fossil fuels, except as provided by 40 CFR 266.112, as incorporated by reference in Chapter 7, 008.03, for facilities that burn or process hazardous waste.009.04 Drilling fluids, produced waters, and other wastes associated with the exploration, development, or production of crude oil, natural gas or geothermal energy.009.05 Solid waste from the extraction, beneficiation and processing of ores and minerals (including coal, phosphate rock and overburden from the mining of uranium ore), as described in 40 CFR 261.4(b)(7), which are hereby adopted and incorporated herein by reference.009.06 Cement kiln dust waste, except as provided by 40 CFR 266.112, as incorporated by reference in Chapter 7, 008.03 for facilities that burn or process hazardous waste.009.07 Solid waste which consists of discarded arsenical-treated wood or wood products which fails the test for the Toxicity Characteristic for hazardous waste codes D004 through D017 and which is not a hazardous waste for any other reason, if the waste is generated by persons who utilize the arsenical-treated wood and wood products for these materials' intended end use.009.08 Mining overburden returned to the mine site.009.09 Wastes which fail the test for the Toxicity Characteristic because chromium is present or are listed in Chapter 3, 013 through 018 due to the presence of chromium, which do not fail the test for the Toxicity Characteristic for any other constituent or are not listed due to the presence of any other constituent, and which do not fail the test for any other characteristic, if it is shown by a waste generator or by waste generators that:009.09A The chromium in the waste is exclusively (or nearly exclusively) trivalent chromium; and009.09B The waste is generated from an industrial process which uses trivalent chromium exclusively (or nearly exclusively) and the process does not generate hexavalent chromium; and009.09C The waste is typically and frequently managed in non-oxidizing environments.009.09D Specific wastes which meet the conditions of Sections 009.09A through 009.09C of this Chapter (so long as they do not fail the test for Toxicity Characteristic for any other constituent, and do not fail the test for any other characteristics) are: 009.09D1 Chrome (blue) trimmings generated by the following subcategories of the leather tanning and finishing industry; hair pulp/chrome tan/retan/wet finish; hair save/chrome tan/retan/wet finish; retan/wet finish; no beamhouse; through-the-blue; and shearling.009.09D2 Chrome (blue) shavings generated by the following subcategories of the leather tanning and finishing industry: Hair pulp/chrome tan/retan/wet finish; hair save/chrome tan/retan/wet finish; retan/wet finish; no beamhouse; through-the-blue; and shearling.009.09D3 Buffing dust generated by the following subcategories of the leather tanning and finishing industry; hair pulp/chrome tan/retan/wet finish; hair save/chrome tan/retan/wet finish; retan/wet finish; no beamhouse; through-the-blue.009.09D4 Sewer screenings generated by the following subcategories of the leather tanning and finishing industry: Hair pulp/chrome tan/retan/wet finish; hair save/chrome tan/retan/wet finish; retan/wet finish; no beamhouse; through-the-blue; and shearling.009.09D5 Wastewater treatment sludges generated by the following subcategories of the leather tanning and finishing industry: Hair pulp/chrome tan/retan/wet finish; hair save/chrome tan/retan/wet finish; retan/wet finish; no beamhouse; through-the-blue; and shearling. 009.09D6 Wastewater treatment sludges generated by the following subcategories of the leather tanning and finishing industry: Hair pulp/chrome tan/retan/wet finish; hair save/chrome tan/retan/wet finish; and through-the-blue.009.09D7 Waste scrap leather from the leather tanning industry, the shoe manufacturing industry, and other leather product manufacturing industries.009.09D8 Wastewater treatment sludges from the production of titanium dioxide pigment using chromium-bearing ores by the chloride process.009.10 Petroleum-contaminated media and debris that fail the test for the Toxicity Characteristic (Hazardous waste codes D018 through D043, only) and are subject to the corrective action regulations under 40 CFR Part 280 (RCRA Subtitle I - regulated underground storage tanks).009.11 Used chlorofluorocarbon refrigerants from totally enclosed heat transfer equipment, including mobile air conditioning systems, mobile refrigeration, and commercial and industrial air conditioning and refrigeration systems that use chlorofluorocarbons as the heat transfer fluid in a refrigeration cycle, provided the refrigerant is reclaimed for further use.009.12 Non-terne plated used oil filters that are not mixed with wastes listed in Chapter 3, 011 through 016 if these filters have been gravity hot-drained using one of the following methods: 009.12A Puncturing the filter anti-drain back valve or the filter dome end and hot-draining;009.12B Hot-draining and crushing;009.12C Dismantling and hot-draining; or009.12D Any other equivalent hot-draining method which will remove used oil.009.12E "Hot-drained" means that the oil filter is drained near engine operating temperature and above room temperature.009.13 Leachate or gas condensate collected from landfills where certain solid wastes have been disposed, provided that:009.13A The solid wastes disposed would meet one or more of the listing descriptions for Hazardous Waste Codes K169, K170, K171, K172, K174, K175, K176, K177, K178, and K181 if these wastes had been generated after the effective date of the listing;009.13B The solid wastes described in Section 009.13A were disposed prior to the effective date of this listing;009.13C The leachate or gas condensate do not exhibit any characteristic of hazardous waste nor are derived from any other listed hazardous waste;009.13D Discharge of the leachate or gas condensate, including leachate or gas condensate transferred from the landfill to a POTW by truck, rail, or dedicated pipe, is subject to regulation under sections 307(b) or 402 of the Clean Water Act.009.13E As of February 13, 2001, leachate or gas condensate derived from K169-K172 is no longer exempt if it is stored or managed in a surface impoundment prior to discharge. As of November 21, 2003, leachate or gas condensate derived from K176, K177, and K178 is no longer exempt if it is stored or managed in a surface impoundment prior to discharge. After February 26, 2007, leachate or gas condensate derived from K181 will no longer be exempt if it is stored or managed in a surface impoundment prior to discharge. There is one exception: if the surface impoundment is used to temporarily store leachate or gas condensate in response to an emergency situation (e.g., shutdown of wastewater treatment system), provided the impoundment has a double liner, and provided the leachate or gas condensate is removed from the impoundment and continues to be managed in compliance with the conditions of this section after the emergency ends.009.14 Solvent-contaminated wipes, except for wipes that are hazardous waste due to the presence of trichloroethylene, that are sent for disposal, provided they meet one or more of the eligibility criteria in 40 CFR 260.10 and all of the specified conditions in 40 CFR 261.4(b)(18), revised as of July 1, 2014, which is adopted and incorporated by this reference.128 Neb. Admin. Code, ch. 2, § 009
Amended effective 7/6/2016.