NEBRASKA ADMINISTRATIVE CODE
NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY

Title 128 - Nebraska Hazardous Waste Regulations
Chapter 17 - Preparedness for and Prevention of Accidents
Effective Date of Last Revision: May 27, 2000

001 Applicability. The requirements of this Chapter apply to generators who are regulated under Chapters 9 (Small Quantity Generators) or 10 (Large Quantity Generators).

002 Design and operation of generator sites. Generator sites must be designed, constructed, maintained, and operated to minimize the possibility of a fire, explosion, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water which could threaten human health or the environment.

003 Required equipment. All generator sites must be equipped with the following, unless it can be demonstrated to the State Fire Marshal that there are no hazards at the facility which could require a particular kind of equipment specified below:

003.01 An internal communications or alarm system capable of providing immediate emergency instruction (voice or signal) to facility personnel;

003.02 A device capable of summoning external emergency assistance from local law enforcement agencies, fire departments, or state or local emergency response teams, such as a telephone (immediately available at the scene of operations) or a hand-held two-way radio;

003.03 Portable fire extinguishers, fire control equipment (including special extinguishing equipment, such as that using foam, inert gas, or dry chemicals), necessary safety equipment, control equipment, and decontamination equipment; and

003.04 Water at adequate volume and pressure to supply water hose streams, or foam producing equipment, or automatic sprinklers, or water spray systems.

004 Testing and maintenance of equipment. All facility communications or alarm systems, fire protection equipment, safety equipment, spill control equipment, and decontamination equipment, where required, must be tested and maintained on an annual basis or as determined necessary by the State Fire Marshal to assure its proper operation in time of emergency.

005 Access to communications or alarm system.

005.01 Whenever hazardous waste is being handled all employees involved in the operation shall have immediate access to an internal alarm or emergency communication device, either directly or through visual or voice contact with another employee, unless the State Fire Marshal has ruled that such a device is not required under Section 003 of this Chapter.

005.02 If there is ever just one employee on the premises during operation, that employee shall have immediate access to a device capable of summoning external emergency assistance, such as a telephone (immediately available at the scene of operation), or a hand-held two-way radio, unless the State Fire Marshal has ruled that such a device is not required under Section 003 of this Chapter.

006 Required aisle space. The generator must maintain aisle space to allow the unobstructed movement of personnel, fire protection equipment, spill control equipment, and decontamination equipment to any area of facility operation in an emergency, unless it can be demonstrated to the State Fire Marshal that aisle space is not needed for any of these purposes.

007 Arrangements with local authorities.

007.01 The generator must attempt to make the following arrangements, as appropriate for the type of waste handled and the potential need for the services of these organizations:

007.01A Arrangements to familiarize police, fire departments and emergency response teams with the layout of the site, properties of hazardous waste handled at the site and associated hazards, places where site personnel would normally be working, entrances to roads inside the facility, and possible evacuation routes;

007.01B Where more than one police and fire department might respond to emergencies, agreements designating primary emergency authority to a specific police and fire department, and agreements with any others to provide support to the primary emergency authority;

007.01C Agreements with state emergency response teams, emergency response contractors, and equipment suppliers; and

007.01D Arrangements to familiarize local hospitals with the properties of hazardous waste handled at the facility and the types of injuries or illnesses which could result from fires, explosions, or releases at the site.

007.02 Where state or local authorities decline to enter into such arrangements, the generator must document the refusal.

Enabling Legislation: Neb. Rev. Stat. ยง81-1505(13)

Legal Citation: Title 128, Chapter 17, Nebraska Department of Environmental Quality