The Council shall list a solid waste as a hazardous waste in Sections 011 through 016 of this Chapter only upon determining that the solid waste meets one of the following criteria:
002.01 It exhibits any of the characteristics of hazardous waste identified in Sections 005 through 010 of this Chapter.002.02 It has been found to be fatal to humans in low doses or, in the absence of data on human toxicity, it has been shown in studies to have an oral lethal dose fifty percent (LD50) toxicity (rat) of less than 50 milligrams per kilogram, an inhalation lethal concentration fifty percent (LC50) toxicity (rat) of less than 2 milligrams per liter, or a dermal LD50 toxicity (rabbit) of less than 200 milligrams per kilogram or is otherwise capable of causing or significantly contributing to an increase in serious irreversible, or incapacitating reversible, illness. (Waste listed in accordance with the criteria herein shall be designated acute hazardous waste.)002.03 It contains any of the toxic constituents listed in Appendix I of this Title, and after considering the following factors, the Council concludes that the waste is capable of posing a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported or disposed of, or otherwise managed: 002.03A The nature of the toxicity presented by the constituent.002.03B The concentration of the constituent in the waste.002.03C The potential of the constituent or any toxic degradation product of the constituent to migrate from the waste into the environment under the types of improper management considered in Section 002.03G of this Chapter.002.03D The persistence of the constituent or any toxic degradation product of the constituent.002.03E The potential for the constituent or any toxic degradation product of the constituent to degrade into harmless constituents and the rate of degradation.002.03F The degree to which the constituent or any degradation product of the constituent bio-accumulates in ecosystems.002.03G The plausible types of improper management to which the wastes could be subjected.002.03H The quantities of the waste generated at individual generation sites.002.03I The nature and severity of the human health and environmental damage that has occurred as a result of the improper management of wastes containing the constituent.002.03J Action taken by other governmental agencies or regulatory programs based on the health or environmental hazard posed by the waste or waste constituent.002.03K Such other factors as may be appropriate.002.04 Substances will be listed in Appendix I only if they have been shown in scientific studies to have toxic, carcinogenic, mutagenic or teratogenic effects on humans or other life forms. (Wastes listed in accordance with the criteria of Sections 002.03 and 002.04 of this Chapter will be designated Toxic wastes.)128 Neb. Admin. Code, ch. 3, § 002
Amended effective 7/6/2016.