Section 128-22-001 - Applicability This Chapter establishes interim status (as defined in Chapter 12) standards for owners and operators of hazardous waste treatment, storage, and disposal facilities that meet the requirements of Chapter 12, 003. Except as provided in 40 CFR 265.1080(b), as incorporated by reference in Section 021 of this Chapter, the standards of this Chapter and of 40 CFR 264.552, 264.553, and 264.554 as incorporated by reference in Chapter 21, 016, apply to owners and operators of facilities that treat, store or dispose hazardous waste who have fully complied with the requirements for interim status under this Title until either a permit is issued under this Title or until applicable Chapter 22 closure and post-closure responsibilities are fulfilled, and to those owners and operators of facilities in existence on November 19, 1980 who have failed to provide timely notification as required by this Title and/or failed to file Part A of the permit application as required by this Title.
001.01 The requirements of this Chapter do not apply to:001.01A The owner or operator of a POTW which treats or disposes of hazardous waste;001.01B The owner or operator of a facility permitted, licensed or registered by DEQ to manage municipal or industrial solid waste, if the only hazardous waste the facility treats, stores or disposes is excluded from regulation under Chapter 8;001.01C The owner or operator of a facility managing recyclable materials described in Chapter 7, 002 and 003 (except to the extent that the requirements of this Chapter are referred to in Chapter 7, 007 through 011);001.01D A generator accumulating waste on-site in compliance with Chapter 9, 007 through 009 or Chapter 10, 004 and 005;001.01E A farmer disposing of waste pesticides from the farmer's own use in compliance with Chapter 10, 007;001.01F The owner or operator of a totally enclosed treatment facility, as defined in Chapter 1;001.01G The owner or operator of an elementary neutralization unit or a wastewater treatment unit as defined in Chapter 1; provided that if the owner or operator is diluting hazardous ignitable (D001) wastes (other than the D001 High TOC Subcategory defined in Chapter 20) or reactive (D003) waste, to remove the characteristic before land disposal, the owner/operator must comply with the requirements set out in 40 CFR 265.17(b), as incorporated by reference in Section 002 of this Chapter.001.01H A person engaged in treatment or containment activities during immediate response to: a discharge of hazardous waste; an imminent and substantial threat of discharge of hazardous waste; or a discharge of a material which, when discharged, becomes a hazardous waste, except: 001.01H1 A person who continues or initiates hazardous waste treatment or containment activities after the immediate response is over is subject to all applicable requirements of this Chapter;001.01H2 An owner or operator of a facility otherwise regulated by this Chapter must comply with all applicable requirements in Sections 003 and 004 of this Chapter.001.01I A transporter storing manifested shipments of hazardous waste in containers meeting the requirements of Chapter 9, 006.03 and Chapter 10, 003.01A at a transfer facility for a period of 10 days or less.001.01J The combining of absorbent material and waste in a container provided that these actions occur at the time the waste is first placed in the container. Chapter 16 and Chapter 9, 006.03; and Chapter 10, 004.01A1 are complied with.001.01K Universal waste handlers and universal waste transporters handling the wastes described in Chapter 25. These handlers are subject to regulation under Chapter 25.001.02 The following hazardous wastes must not be managed at facilities subject to regulation under this Chapter: DEQ/EPA Hazardous Waste Nos. F020, F021, F022, F023, F026 or F027, unless: 001.02A The wastewater treatment sludge is generated in a surface impoundment as part of the plant's wastewater treatment system;001.02B The waste is stored in tanks or containers;001.02C The waste is stored or treated in waste piles under Section 012 of this Chapter;001.02D The waste is burned in an incinerator that is permitted pursuant to the standards and procedures in Section 015 of this Chapter; or001.02E The waste is burned in facilities that thermally treat the waste in a device other than an incinerator and that are permitted pursuant to Section 016 of this Chapter.001.03 The requirements of this Chapter apply to owners or operators of all facilities which treat, store, or dispose hazardous wastes referred to in Chapter 20, and the Chapter 20 standards are considered material conditions or requirements under Chapter 22.128 Neb. Admin. Code, ch. 22, § 001