Section 128-20c-014 - Prohibitions on storage of restricted wastes014.01 Except as provided in this section, the storage of hazardous wastes restricted from land disposal under 40 CFR Subpart C, as incorporated by reference in Section 008 is prohibited, unless the following conditions are met: 014.01A A generator stores such wastes in tanks, containers, or containment buildings on-site solely for the purpose of the accumulation of such quantities of hazardous waste as necessary to facilitate proper recovery, treatment, or disposal and the generator complies with the requirements in Chapters 9, Sections 007 and 008 or Chapter 10, Sections 004 and 005, and Chapters 21 and 22.014.01B An owner/operator of a hazardous waste treatment, storage, or disposal facility stores such wastes in tanks, containers, or containment buildings solely for the purpose of the accumulation of such quantities of hazardous waste as necessary to facilitate proper recovery, treatment, or disposal and: 014.01B1 Each container is clearly marked to identify its contents and the date each period of accumulation begins;014.01B2 Each tank is clearly marked with a description of its contents, the quantity of each hazardous waste received, and the date each period of accumulation begins, or such information for each tank is recorded and maintained in the operating record at that facility. Regardless of whether the tank itself is marked, an owner/operator must comply with the operating record requirements specified in 40 CFR 264.73, as incorporated by reference in Chapter 21, 005, or 40 CFR 265.73, as incorporated by reference in Chapter 22, 005.014.01C A transporter stores manifested shipments of such wastes at a transfer facility for 10 days or less.014.02 An owner/operator of a treatment, storage or disposal facility may store such wastes for up to one year unless the Agency can demonstrate that such storage was not solely for the purpose of accumulation of such quantities of hazardous waste as are necessary to facilitate proper recovery, treatment, or disposal.014.03 A owner/operator of a treatment, storage or disposal facility may store such wastes beyond one year; however, the owner/operator bears the burden of proving that such storage was solely for the purpose of accumulation of such quantities of hazardous waste as are necessary to facilitate proper recovery, treatment, or disposal.014.04 If a generator's waste is exempt from a prohibition on the type of land disposal utilized for the waste (for example, because of an approved case-by-case extension under 40 CFR 268.5, an approved 40 CFR 268.6 petition, or a national capacity variance under 40 CFR Part 268, Subpart C, as incorporated by reference in Section 008.01), the prohibition in Section 014.01 does not apply during the period of such exemption.014.05 The prohibition in Section 014.01 does not apply to hazardous wastes that meet the treatment standards specified under 40 CFR 268.41 and 268.43, Section 010 of this Chapter, or the treatment standards specified under the variance in 40 CFR 268.44, or, where treatment standards have not been specified, is in compliance with the applicable prohibitions specified in 40 CFR 268.32, as incorporated by reference in Section 008.014.06 Liquid hazardous wastes containing polychlorinated biphenyls (PCBs) at concentrations greater than or equal to 50 ppm must be stored at a facility that meets the requirements of 40 CFR 761.65(b) and must be removed from storage and treated or disposed as required by this Chapter within one year of the date when such wastes are first placed into storage. The provisions of Section 014.03 do not apply to such PCB wastes prohibited under § 40 CFR 268.32 as incorporated by reference in Section 008 of this Chapter.014.07 The prohibition and requirements in Section 014 of this Chapter do not apply to hazardous remediation wastes stored in a staging pile approved pursuant to 40 CFR 264.554.128 Neb. Admin. Code, ch. 20c, § 014