128 Neb. Admin. Code, ch. 9, § 007

Current through September 17, 2024
Section 128-9-007

A small quantity generator shall comply with the following regarding their hazardous waste (except as provided otherwise by Sections 004 and 005 of this Chapter).

007.01 Chapter 4, 002 - Hazardous Waste Determination.
007.02 Chapter 4, 003 through 004 - DEQ/EPA Identification Number.
007.03 A small quantity generator may accumulate hazardous waste on-site for 180 days or less (or for 270 days if the generator must transport the waste, or offer that waste for transportation, over a distance of 200 miles or more) without a permit or without having interim status provided that:
007.03A The quantity of waste never exceeds 6,000 kilograms and;
007.03B The generator complies with the tank requirements of Section 009 of this Chapter and;
007.03C The generator complies with the container requirements of Section 004.01A of Chapter 10, except Section 004.01A 6 and;
007.03D The generator complies with the dating and labeling requirements of Sections 004.01F and 004.01G of Chapter 10 and;
007.03E The generator complies with the requirements of Chapter 16 except Section 002.01A and;
007.03F The generator complies with the requirements of Chapter 17 and;
007.03G The generator complies with the requirements of Section 005.01E of Chapter 20.
007.04 Satellite accumulation
007.04A A generator may accumulate as much as 55 gallons of hazardous waste, or one quart of acute hazardous waste listed in Chapter 3, 015, in containers at or near any point of generation where wastes initially accumulate, which is under the control of the operator of the process generating the waste, without a permit or interim status and without complying with Section 007.03 of this Chapter provided the generator:
007.04A1 Complies with Sections 004.01A 1 and 004.01A 2 of Chapter 10 and Chapter 16, 002.01C and
007.04A2 Marks the containers with the words "Hazardous Waste" or with other words that identify the contents of the containers.
007.04B A generator who accumulates either hazardous waste or acute hazardous waste in excess of the amounts listed in Section 007.04A of this Chapter at or near any point of generation must, with respect to that amount of excess waste, comply within three days with Section 004.01 of Chapter 10 or other applicable provisions of this Chapter. During the three day period the generator must continue to comply with Sections 007.04A 1 and 007.04A 2 of this Chapter. The generator must mark the container holding the excess accumulation of hazardous waste with the date the excess amount began accumulating.
007.05 40 CFR Part 262 Subparts E and F, as incorporated by reference in Chapter 10, 006 - International Shipments, except that 262.56(a)(5)need not be complied with.
007.06 The Manifest System

The generator must comply with the manifest requirements of Chapter 10, 002 except if the waste is reclaimed under a contractual agreement pursuant to which:

007.06A The type of waste and frequency of shipments are specified in the agreement.
007.06B The vehicle used to transport the waste to the recycling facility and to deliver regenerated material back to the small quantity generator is owned and operated by the reclaimer of the waste; and
007.06C The small quantity generator maintains a copy of the reclamation agreement for a period of at least three years after termination or expiration of the agreement.
007.07 Furnish additional reports, and exception reports in accordance with Chapter 4.
007.08 At all times there must be at least one employee either on the premises or on call (i.e., available to respond to an emergency by reaching the facility within a short period of time) with the responsibility for coordinating all emergency response measures specified in Section 007.11 of this Chapter. This employee is the emergency coordinator.
007.09 The small quantity generator must post the following information next to the telephone:
007.09A The name and telephone number of the emergency coordinator;
007.09B Location of fire extinguishers and spill control material, and, if present, fire alarm; and
007.09C The telephone number of the fire department, unless the facility has a direct alarm.
007.10 The small quantity generator must ensure that all employees are thoroughly familiar with proper waste handling and emergency procedures, relevant to their responsibilities during normal facility operations and emergencies;
007.11 The emergency coordinator or the coordinator's designee must respond to any emergencies that arise. The applicable responses are as follows:
007.11A In the event of a fire, call the fire department or attempt to extinguish it using a fire extinguisher;
007.11B In the event of a spill, contain the flow of hazardous waste to the extent possible, and as soon as is practicable, clean up the hazardous waste and any contaminated materials or soil;
007.11C In the event of a fire, explosion, or other release which could threaten human health outside the facility or when the small quantity generator has knowledge that a spill has reached surface water, the small quantity generator must immediately notify the National Response Center. The report must include the following information:
007.11C1 The name, address, and DEQ/EPA Identification Number of the small quantity generator;
007.11C2 Date, time, and type of incident (e.g., spill or fire);
007.11C3 Quantity and type of hazardous waste involved in the incident;
007.11C4 Extent of injuries, if any; and
007.11C5 Estimated quantity and disposition of recovered materials, if any.
007.12 Pre-transport Requirements
007.12A Package the waste in accordance with the applicable U.S. Department of Transportation regulations on packaging hazardous materials under 49 CFR Parts 173, 178, and 179.
007.12B Label each package in accordance with the applicable U.S. Department of Transportation regulations on hazardous materials under 49 CFR Part 172;
007.12C Mark each package in accordance with the applicable U.S. Department of Transportation regulations on hazardous materials under 49 CFR Part 172;
007.12D Mark each container of 110 gallons or less used in such transportation with the following words and information displayed in accordance with requirements of 49 CFR 172.304: "Hazardous Waste - Federal Law Prohibits Improper Disposal. If found, contact the nearest police or public safety authority or the U. S. Environmental Protection Agency. Generator's Name and

Address_______,

Manifest Document Number ___";and

007.12E Placard or offer the initial transporter the appropriate placards according to Department of Transportation regulations for hazardous materials under 49 CFR Part 172, Subpart F.

128 Neb. Admin. Code, ch. 9, § 007