128 Neb. Admin. Code, ch. 25, § 008

Current through September 17, 2024
Section 128-25-008

The following definitions are for the purposes of Chapter 25.

008.01 Battery

"Battery" means a device consisting of one or more electrically connected electrochemical cells which is designed to receive, store, and deliver electric energy. An electrochemical cell is a system consisting of an anode, cathode, and an electrolyte, plus such connections (electrical and mechanical) as may be needed to allow the cell to deliver or receive electrical energy. The term battery also includes an intact, unbroken battery from which the electrolyte has been removed.

008.02 Destination facility

"Destination facility" means a facility that treats, disposes of, or recycles a particular category of universal waste, except those management activities described in 012.01, 012.03, 012.04, 023.01, 023.03, and 023.04 of this chapter. A facility at which a particular category of universal waste is only accumulated, is not a destination facility for purposes of managing that category of universal waste.

008.03 Electronic item

"Electronic item" means electronic equipment that contains one or more electronic circuit boards or other complex circuitry, including but not limited to computer monitors, televisions, central processing units (CPUs), laptop computers, printers, terminals, keyboards, mainframes, stereo equipment, telephones, and recording/playback devices. Electronic items include components and subassemblies or other parts derived from the disassembly of electronic devices. While many waste electronic items do not fail the toxicity characteristic leaching procedure test for heavy metals if left intact, individual components generated by disassembly may fail the toxicity characteristic leaching procedure test. "Electronic items" does not include discarded household appliances as defined by Title 132 - Integrated Solid Waste Management Regulations, Chapter 1, 034.

008.04 FFDCA

"FFDCA" means Federal Food Drug and Cosmetic Act ( 21 U.S.C. § 301 et seq).

008.05 FIFRA

"FIFRA" means the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136-136y).

008.06 LAMP

"Lamp", also referred to as "universal waste lamp", is defined as the bulb or tube portion of an electric lighting device. A lamp is specifically designed to produce radiant energy, most often in the ultraviolet, visible, and infra-red regions of the electromagnetic spectrum. Examples of common universal waste electric lamps include, but are not limited to, fluorescent, high intensity discharge, neon, mercury vapor, high pressure sodium, and metal halide lamps.

008.07 Large quantity handler of universal waste

"Large quantity handler of universal waste" means a universal waste handler (as defined in this section) who accumulates 5,000 kilograms or more total of universal waste (batteries, pesticides, mercury-containing items, lamps, or electronic items, calculated collectively) at any time. This designation as a large quantity handler of universal waste is retained through the end of the calendar year in which 5,000 kilograms or more total of universal waste is accumulated.

008.08 Mercury-containing item

"Mercury-containing item" means any electrical, mechanical, or medical product or component (excluding batteries and lamps) which contains elemental mercury and the elemental mercury is necessary for its operation where the mercury acts as a conductor of temperature, pressure, or electricity, or acts as a weight damper. The mercury must be housed within an outer metal, glass, or plastic casing. Mercury-containing devices include but are not limited to; barometers, sphygmomanometers, electrical switches and relays, gauges and flow regulators, manometers, bow stabilizers, thermometers, thermocouples, and mercury-filled pumps.

008.09 OSHA

"OSHA" means Occupational Safety and Health Act 29 U.S.C § 651 et seq).

008.10 Pesticide

"Pesticide" means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, or intended for use as a plant regulator, defoliant, or desiccant, other than any article that:

008.10A Is a new animal drug under FFDCA section 201(w), or
008.10B Is an animal drug that has been determined by regulation of the Secretary of Health and Human Services not to be a new animal drug, or
008.10C Is an animal feed under FFDCA section 201(x) that bears or contains any substances described by 008.08A or 008.08B of this chapter.
008.11 Small quantity handler of universal waste

"Small quantity handler of universal waste" means a universal waste handler (as defined in this section) who does not accumulate 5,000 kilograms or more total of universal waste (batteries, pesticides, mercury-containing items, lamps, or electronic items, calculated collectively) at any time.

008.12 Thermostat

"Thermostat" means a temperature control device that contains metallic mercury in an ampule attached to a bimetal sensing element, and mercury-containing ampules that have been removed from these temperature control devices in compliance with the requirements of 012.03B1 through 012.03B8 or 023.03B1 through 023.03B8 of this chapter.

008.13 Universal waste

"Universal waste" means any of the following hazardous wastes that are subject to the universal waste requirements of Title 128, Chapter 25.

008.13A Batteries as described in Title 128, Chapter 25, 002;
008.13B Pesticides as described in Title 128, Chapter 25, 003;
008.13C Mercury-containing items as described in Title 128, Chapter 25, 004; and
008.13D Lamps as described in Title 128, Chapter 25, 005.
008.13E Electronic items as described in Title 128, Chapter 25, 006.
008.14 Universal Waste Handler: Means:
008.14A A generator of universal waste; or
008.14A1 A generator of universal waste; or
008.14A2 The owner or operator of a facility, including all contiguous property, that receives universal waste from other universal waste handlers, accumulates universal waste, and sends universal waste to another universal waste handler, to a destination facility or to a foreign destination.
008.14B Does not mean:
008.14B1 A person who treats (except under the provisions of 012.01, 012.03, 012.04, 023.01, 023.03 or 022.04 of this chapter) or disposes of, or recycles universal waste; or
008.14B2 A person engaged in the off-site transportation of universal waste by air, rail, highway, or water, including a universal waste transfer facility.
008.15 Universal waste transfer facility

"Universal waste transfer facility" means any transportation-related facility including loading docks, parking areas, storage areas and other similar areas where shipments of universal waste are held during the normal course of transportation for ten days or less.

008.16 Universal waste transporter

"Universal waste transporter" means a person engaged in the off-site transportation of universal waste by air, rail, highway, or water.

128 Neb. Admin. Code, ch. 25, § 008

Amended effective 7/6/2016.