Section 128-5-006 - Procedures for case-by-case regulation of hazardous waste recycling activitiesThe Director will use the following procedures when determining whether to regulate hazardous waste recycling activities described in Chapter 7, 003.04 under the provisions of Chapter 7, 004 through 006 rather than under the provisions of Chapter 7, 011:
006.01 If a generator is accumulating the waste, the Director will issue a notice setting forth the factual basis for the decision and stating that the person must comply with the applicable requirements of Chapters 4, 9, and 10. The notice will become final in 30 days, unless the person served requests a public hearing to challenge the decision. Upon receiving such a request, the Director will hold a public hearing. The Director will provide notice of the hearing to the public and allow public participation at the hearing. The Director will issue a final order after the hearing stating whether or not compliance with Chapters 4, 9, and 10 is required. The order becomes effective 30 days after service of the decision unless the Director specifies a later date.006.02 If the person is accumulating the recyclable material as a storage facility, the notice will state that the person must obtain a permit in accordance with all applicable provisions of Chapters 12 through 15. The owner or operator of the facility must apply for a permit within no less than 60 days and no more than six months of notice, as specified in the notice. If the owner or operator of the facility wishes to challenge the Director's decision, the challenge may be stated in the permit application, in a public hearing held on the draft permit, or in comments filed on the draft permit or on the notice of intent to deny the permit. The fact sheet accompanying the permit will specify the reasons for the Director's determination. The question of whether the Director's decision was proper will remain open for consideration during the public comment period and in any subsequent hearing.006.03 After receiving an application for a site-specific variance from a treatment standard, the Director may request any additional information or samples which may be required to evaluate the application.006.04 A generator, treatment facility, or disposal facility that is managing a waste covered by a site-specific variance from a treatment standard must comply with the waste analysis requirements for restricted wastes found under Chapter 20, 005.006.05 During the application review process, the applicant for a site-specific variance must comply with all restrictions on land disposal under Chapter 20 once the effective date for the waste has been reached.006.06 For all variances, the petitioner must also demonstrate that compliance with any given treatment variance is sufficient to minimize threats to human health and the environment posed by land disposal of the waste. In evaluating this demonstration, the Department may take into account whether a treatment variance should be approved if the subject waste is to be used in a manner constituting disposal pursuant to Chapter 7, 007.01 through 007.04.128 Neb. Admin. Code, ch. 5, § 006
Amended effective 7/6/2016.