128 Neb. Admin. Code, ch. 7, § 007

Current through September 17, 2024
Section 128-7-007 - Recyclable materials used in a manner constituting disposal
007.01 Applicability
007.01A The regulations of Section 007 of this Chapter apply to recyclable materials that are applied to or placed on the land:
007.01A1 Without mixing with any other substance(s); or
007.01A2 After mixing or combination with any other substance(s). These materials will be referred to as "materials used in a manner that constitutes disposal."
007.01B Products produced for the general public's use that are used in a manner that constitutes disposal and that contain recyclable materials are not presently subject to regulation if the recyclable materials have undergone a chemical reaction in the course of producing the products so as to become inseparable by physical means and if such products meet the applicable treatment standards in Chapter 20, Sections 009 through 013, (or applicable prohibition levels in 40 CFR 268.32 as incorporated by reference in Chapter 20, or Section 3004(d) of the Federal Act, where no treatment standards have been established) for each recyclable material (i. e. hazardous waste) that they contain.
007.01C Anti-skid/deicing uses of slags, which are generated from high temperature metals recovery (HTMR) processing of hazardous waste K061, K062, and F006, in a manner constituting disposal are not covered by the exemption in Section 007.01B of this Chapter and remain subject to regulation.
007.01D Fertilizers that contain recyclable materials are not subject to regulation provided that:
007.01D1 They are zinc fertilizers excluded from the definition of solid waste according to Chapter 2, Section 008.21; or
007.01D2 They meet the applicable treatment standards in Chapter 20 of this Title for each hazardous waste that they contain.
007.02 Generators and transporters of materials that are used in a manner that constitutes disposal are subject to the applicable requirements of Chapters 9, 10, and 11 and the notification requirements of Chapter 4.
007.03 Owners or operators of facilities that store recyclable materials that are to be used in a manner that constitutes disposal, but who are not the ultimate users of the materials, are regulated under all applicable provisions of Chapters 12 through 15 (Permitting), 21 (Permitted Facilities) or 22 (Interim Status Facilities) and the notification requirement under Chapter 4.
007.04 Standards applicable to users of materials that are used in a manner that constitutes disposal.
007.04A Owners or operators of facilities that use recyclable materials in a manner that constitutes disposal are regulated under all applicable provisions of Chapters 12 through 15, 20, 21 and 22 and the notification requirement under Chapter 4. (These requirements do not apply to products which contain these recyclable materials under the provisions of Section 007.01B of this Chapter.)
007.04B The use of waste or used oil or other material, which is contaminated with dioxin or any other hazardous waste (other than a waste identified solely on the basis of ignitability), for dust suppression or road treatment is prohibited.
007.04C The use of used oil as a dust suppressant is prohibited.

128 Neb. Admin. Code, ch. 7, § 007