of its ability to hire and retain qualified staff considering the state's personne

(5) A report "sting the method used by each new or existing licensee

other person who Is required by tI'Ie department to establish proo

responsibility; and 

(6) A report of funds credited to the Nebraska Litter Reduction and R

under the Nebraska Litter Reductlon and Recyctlng Act. 

Source: Laws 1991, LB 526, § 1; Laws 1993, LB 3, § 47; 

Laws 1993, LB 203, § 1; Laws 1994, LB 1034, § 2; 

Laws 2003, LB 143, § 9. 

81·1504.02. Depertment; e.tebllsh telephone line. The dep

establish a telephone ~ne to provide Information on the department's 

requirements and to report complaints and suspected violations of 

enVIronmental staMas and regulations which the department administe

complaints regarding the department's regulation and enforcement ac

department may charge a fee for the use of such a telephone line. 

Sourc.: laws 1998, LB 1209, § 29. 

81·1504.03. Grants or loans; restrictions. No disbuf$8lT19nts fr

loans administered pursuant to the Environmental Protection Acl shall 

projects relatecl to tire-<lerived fuel. 

Source: Laws 2001 , LB 461 , § 9. 

81·1505. Council; rul .. end reGulltfons; shlnderds of air, len

quellty. (1) In order to carry out the purposes of the Environmental Prote

Integrated Solid Waste Management Act, and the Livestock Waste Manage

colXlCll shall adopt and promulgate rules and regulatiOns which shall set st

water. and land quality to be applicable to the air, watet'$, and land o

portions thereof. Such standards of quality shall be such as to protect the 

and welfare. The council shall classify air, water, and land contam

according to levels and types of discharges, emissions, and other charac

relate to air, water, and land pollution and may require reporting for any 

classes. Such classifications and standards made pursuant to this section 

for application to the state as a whole or to any designated ama of the stat

made with special reference to effects on health, economic and socia

physical effects on property. Suci"I standards and classifications may be 

determIned necessary by the counCil. 

(2) In adopting the ciassificatlons of waters and water q\Jality s

primary purpose for suctl classifications and standards snail be to prot

health and welfare and the council sna. give oonsideration to: 

(a) The size, depth, surface area, or underground area covered

direction, and rate of flow, stream gradient, and temperature of the water; 
(c) The uses which have been mada, are being made, or are 

such waters for agricultural, transportation, domestic, and Industr

fishing and aquatic cutture, for the dlspo!l8l of sewage, Industrt

wastas, Of' other uses within this state and, at the discretion of tha co

In another state on Interstate waters fIowtng through or OfiO!natJng In 

(d) The elttent of present pollution or contamination of suc

already occurred or resulted from past discharges therein; and 

(a) Procedures pursuant to section 401 of the Clean Water Ac

seq .. for certification by the department of actlvilJes reQUIring a fede

which may result In a discharge. 

(3) In adopting effluent limitations or prohibitions, the 

consideration 10 the type, class, at category of dischalges and the q

concentrations of chemical, physlcal, bIOlogical, and other con

discharged from point sources into navigable or other waters of 

SChedules of ~lanc:e, best pntdicable oontrol technology, and b

technology. 

(4) In adopting standards of perfonnance, the council shall g

the discharve of pollutants which ref\ed: the greatest degree of em

the council detelTT1ines to be achievable through application of 

demonstrated control technology, processes, operalflg methods, o

Including, when practicable, a standard permitting no discharge of po

(5) In adoplflg toxic poIutant standards and limitations. th

conSideration to the c:omIMatiOnS of pollutants, the toxlctty o

persistence, degradability, the usual or potential presence of the a

any waters, the importance of the affected orgal\lsms, and the natu

effect of the tolde pollutant on such organisms. 

(6) In adopting pretreatment standards. the council shall give 

prohibitions or limItations to noncompalible pollutants. prohibitions 

through a publicly owned treatment worb of pollutants which woul

with or obstruction to the operation of publicly owned trealment wo

works, and the prevention of the discharge of po!lutantslherefrom wh

lreated. 

(7) In adopting treatment standards, the council shall g

providing for processes to v.t1\ch wastewater shall be subjected 

wastewater treatment works In order to make such wastewater su

use. 

(8) In adopting regulations pertaining to the disposal of dO

liquid wastes, the council shall give consideration to the minimum am

oxygen demand, suspended solids, or equivalent in the case of In

which must be removed from !he wastewaters and the degree of d

to meet water quality standards with respect 10 construction, Ins

alterations In, or additions to any wastewater treatment wottIl o

12 
regulations shall Include standards for the construction, operation, and a

such holes and wells. The standards shaN protect. the public health and w

land, water, and subsurface resources so as to control, minimize, and elim

to humans, animals, and the environment. Conskleration shall be given to: 

(I) Area conditions such as suitab 1ty of location, geologic formation

Industry, agriculture, population density, wildlife, fish and other aquatl

ardleologlcal and hlstoncal importance, mlneral, land, and water resou

existing economic activities of the area including, but not Nmited 

recreation, totJrism, and industry; 

(II) A site-specific evaluation of the geologic and hydrologic sultab

and the injection, disposal, and production zones: 

(iii) The quality of the existing ground water, the effects of exemptio

from any existing water quaHty standards, and requirements for restoration 

(Iv) Standards for design and US& of production facUitles, Yotilch sh

not be limited to, all wells, pumping equipment, surface structures, and a

required for operation of Injectioo or production wells; and 

(v) Conditions required for closure, abandooment, or restorati

exploration holes, injection and prodlJction wells, and prodtx:tlon facilit

protect the public health and welfare and air, land , water. and subsurface r

(b) The council shall establish fees for regulated activities and fa

permits for such activities and facilities. The fees shall be sufficient but sh

the amount necessary to pay the department for the direct and ind

evaluating, processing, and monitoring doong and after operation of regula

performance of regulated activities. 

(c) With respect to mineral production wells, the council sh

promulgate rules and regulations which require restoration of air, lan

subsurface resources and require mineral production well permit applicatio

restoration plan for the air, land, water, and subsurface resources affect

and regulations may provide for issuance of a research and developmen

authorizes constructlon and operation of a pilot plant by the permittee for 

demonstrating the permittee's ability to inject and restore in a manner w

standards required by this subsection and the rules and regutations. 

The rules and regulations adopted and promulgated may also provid

of a commerCial permit after a finding by the department that the injection 

procedures authorized by the research and development permit have bee

demonstrating the applicant's ability to Inject and restore In a mamer w

standards required by this subsection and the rules and regulations. 

(d) For the purpose of this subsection, unless the context othe

restoration shah mean the employment, during and after an activity, 

reasonably designed to control, minimize, and eliminate hazards to hum

and the environment, to protect the public health and welfare and air, In
estocopeato, codtos udecpets osuetopeat

Including design, location, and proper management Of sUCh facUlties, 

water from such operations, and revocation, modification, or suspen

for cause and alt requirements of the Livestock Waste Management A

(11) In adopting regulations for the Issuance of permits 

Pollutant Discharve Elimination System created by the Cleen Water 

et seq., the cooocil shaD consider when such pennits shall be requi

application and filing requirements, terms and conditions affecting 

and public participation, duration and review of such permits, and m

and reporting lIlder the system. 

(12) The council shall adopt and promulgate rules and regula

control which shaD Include: 

(a) A construction permit program which reqlkes the owner 

contaminant source to obtain a permit pl10r to construction. Appl

accotcllng to section 81·1505.06; 

(b) An operating permit program conslatant with requhlrMnls 

42 U.S.C. 7401 et seq., and an operatwlg permit program tot m

poHutIon, which programs &hal require pennits tot both new and exis

(c) Provisions for operating permits to be Issued aftar 

Iermlnated, modified, or rewll.ed for cause, and to be modified 

requltementa; 

(d) Provisions for applcations to be on fonns provided by th

contain information necessary to make a deteflTltnatlon on the 

iuuance or derWal. The department shall make a completeness dela

fashion and after such detelmination shall act on the application wit

the council. Applications for operating permits shaM Include provisio

compliance by the applicant; 

(e) Requlrsments for operating permits which may Include 

necessary to protect public health and welfare, includIng, but not lim

and. reporting requirements on all sources subJect to the permit, (I

fees sufficient to pay the reasonable direct and Indirect costs 

administering the air quaUty permit program, (~I) retention of records

all air quality standards, (v) a permit term of no more than five 

Issuance, (vi) any applicable schedule of compliance leading 10 

quality regulations, (vii) site access to the department for Inspectio

records, (viii) emission limits or control technology requirements, (Ix

certification, and (x) other conditions necessary to carry out t

Environmental Protection Ad. For purposes of this subaeCtlon, con

mean a design, equipment, a worli: practice, an operatlonal .tandard 

requirement for operator training or certlf1catIon, or any combination 

(f) Classffication of air quality control regions; 

I. 
achievable control technology standards shall mean an emission lim

technology standard which requires the maximum degree of emission redu

council, taking Into consideration the cost of achieving such emission r

health ar'ld environmental impacts not related to air quality, and energy 

detennlnes Is achievable for new or existing sources In the category or s

Which the standard applies through application of measures, process

systems, or techniques, Including, but not limited to, measures which acco

a combination of the folloYling: 

(I) Reduce tl\e volume of or eliminate emissions of the pollutants thr

changes, substitution of materials, or other modifications; 

(iI) Enclose systems 0( processes to eliminate emissions; or 

(iii) Collect, capture, 0( lreat the pollutants when released from a p

storage, or fugitive emission point; 

(h) Restrictions on open burning and fugltlve emissions; 

(I) Provisions for Issuance of general operating pennlts, after pub

sources with similar operating conditions and for revoking stx:h genera

specific permittees; 

0> Provisions for Implementation of any emissions trading programs 

the department, Such programs shall be consistent with the Clean Air A

7401 at seq .. and administered through the operating pennlt program; 

(k) A provision that operating permits will not be Issued If the E

Protection AgellCy objects In a timely manner; 

(I) Provisions for periodic reporting of emissions; 

(m) limitations on emissions from process operations, fuel-burnin

and Incinerator emissions and such other restrictions on emissions as are 

protect the public health and welfare; 

(n) Time schedules for compliance; 

(0) Requirements for owner or operator testing and monitoring of emi

(p) Control technology requirements when it is not feasible to prescr

an emission standard; and 

(q) Procedures and definitions necessary to cany out payment o

emission fee set in section 81-1505,04, 

(13)(a) In adopting regulations for hazardous waste management, the 

give consideration to generation of hazardous wastes, labeUng practice

used, treatment, storage, collection, transportation including a man

processing, resource recovery, and disposal of hazardous wastes, It shall 

pemlittlng, licensing, design and C041struction, and development and operati

hazardous waste treatment, storage, and disposal facilities, and conditions 

or pennittlng of hazardous waste treatment, storage, and disposal areas, II 

modification, suspension, or revocation of such licenses and penn

reqtJirements for waste analysis, site improvements, fire prevention, saf

restricted access, and covering and handling of hazardous liquids a
and alarms, personnel training, and contingency plans lor any em

arise and for a coordinator during such emel'Q8ncies. 

In addition the colnCll shall give consideration to (I) ground 

use and management of containers and lanks, (iii) surface Impo

piles, (v) land treatment, (vi) Incinerators, (vii) chemical or biol

landfills Including the SUNeying thereof, and (be) special requi

reactive, or incompatible wastes. 

In considering closure and postciosure of hazardous waste 

disposal facilities, the cooocit shall consider regulations that would 

operator closing his or her facility so as to minimize the need for fu

to control, minimize; or eliminate, to the extent necessary to pro

and the environment, postclosure escape of hazardous was

constituents, and leachate to the ground water 0( surface wa

minimize, or elimlll!lte, to the extent necessary to protect huma

8flVironment, waste decomposition to the atmosphere. In considerin

hazardous waste treatment, storage, or disposal facilities, the 

regulations that would require the owner or operator, or any previ

With actual knowledge of the presence of hazardous waste at the 

corrective action or such other response measures necessary to p

the environment for all releases of hazardous waste or hazardous 

treatment, storage, or disposal faciUty or any solid waste managem

regardless of the time at which waste was placed In such unit. 

Such regulations adopted pursuant to this subsection shall 

with the Environmentel Protection Act and the Resource Conservat

42 U.S.C. 6901 et seq. 

(b) In adopting regulations for hazardous waste managem

consider, in addition to criteria in subdivision (a) of this subsectio

for (I) identifying hazardous waste Including extraction procedures

and degradabillty in nature, potential for accumulation In tis

ignilabiiity, corrosiveness, reactivity, and generation of pressure th

heat, 0( other means, and other hazardous characteristics, (II) 

deems hazardous and which should be subject lei regulation, and 

storage, or disposal facilltles for such wastes. In adopting criteri

ignilability of wastes pursuant to subdivision (b)(l) of this subsectio

be adopted without the approval of the Slale Fire Marihal. 

(c) In adopting regulations for hazardous waste managem

establish a schedule of fees to be paid to the director by lic

operating hazardous waste processing facilities or disposal are

monetary value per cubic foot 0( per pound of the hazardous wa

exceeding the emount necessary to relrrburse the departmeflt for t

such facilities or areas during and after operation of such fa

licensees may assess a cost against persons using the facilities 

16 
waste, developmental and operational plans for solkl waste disposal areas

pennlttlng of solid waste disposal areas, modification, suspension, or revo

pennlts, regulations of operations of disposal areas, Including site Impr

prevenllon, ground water protectlon, safety and resl11cted access, handling 

hazardous materiels, Insect and rodent control, salvage operations, and th

disposing of accumulations of junk outslde of solid waste disposal 

regulations shall In alt respects comply with the Environmental Prote

Integrated Solkl Wasle Management Act. end the Resource Conservation 

Act, 42 U.S .C. 6901 et seq. 

(14) In adopting regulations governing dlscharoes or emissions of 

hazardous materials Into the waters, in the air, or upon the land of the sta

shan consider the reqUirements of the Integrated SoNd Wasle Maf'l8gemen

br prevention of such dlscharves or emissions, and the responsibility of the 

emitter for clean~, toll:lcity, degradabllity, and dlsperut characteristics of th

(15) In adopting regulations govemlng composting and oompolt

council shalt give consideration to: 

(a) Approval of a proposed site by the local govemlng body, Indud

authority, If any, prior to Issuance of a pennI! by the department; 

(b) Issuance of pennits by the department for such oompostlng op

conditions If necessary. 

(c) Submission of construction and operational plans by the applica

to the department, with approval of such plans before Issuance of such pen

(d) A lenn of five years for such pernlits, which shalt not be transfera

(e) Renewal of pennits If the operation has been In substantial co

composling regulations adopted pursuant to this subsection, pennI! co

operational plans: 

(f) Review by the department of materials to be composted, Inclu

af'l8lysls when found by the department to be necessary: 

(g) Inspections of such compost sites at least semiannually follow

with a copy of such ratings to be given to the site management. Ope

compliance with compesting regulations, pennit conditions, or operational 

given a reasonable time for voluntary compliance, and faUure to do so wHhl

time shall result In a hearlng after notice Is given, at which time the own

shall appear and show cause why hIs or her permit should not be ravoked; 

(h) Special pennlts of the department for demonstration proJects not 

months; 

(I) ElI:emptions from pennits of the department; and 

OJ The Integrated Solid Waste Management Act. (16) Any person operating or responsible for the operatlon of air, 

contaminant sources of any elMs for which the rules and regulations 

require reporting shall make reports oontainlng Information as may be re

department concemlng Quality and quantity of discharges and emissions, 
qy g

Management Act or the livestock Waste Management Act. the co

notice. oonduct public hearings thereon. Notice of public hearings sh

or the area of the state for which standards of air. water. or la

adopted. amended. or repealed and the time. date. and place of 

hearing shall be hek:l in the general area to be affected by such st

shaH be given In accordance with the Administrative Procedure Act. 

(18) Standards of quality of the air. water. or land of the 

regulations adopted under the Integrated Solid Waste Managemen

Waste Management Act or any amendment or repeal of such sta

regulations shan become effective upon adoption by the council and 

the Secmtary of State. In adopting standards of air. water. and Land 

amendment thereof. the coullCll shaM specify a reasonable time for 

wastes Into the air. water. or land of the state to comply with such 

the expiration of any such period of time may revoke or modify a

Issued which authorizes the dischaflj'9 of wastes Into the air. water

which results in reducing the quality of such air. water, or land 

established therefor by the council. 

(19) All standards of quality of air. water, or land and all r

adopted pursuant to law by the councH prior to May 29. 1981. and a

air. water. or land are hereby approved and adopted as standards o

and regulations for such air. water, or land. 

(20) In addition to such standan::ls as are heretofore authOri

adopt and promulgate rules and reguiatiOflS to set standards of p

standards. Pf9treatment standards, treatment standards, toJdc pol

limitations. effluent limitations. efIIuent prohibitions. and quant

concentrations which shall In all respects confonn With and meet the 

National Pollutant Discharge Enmmtion System in the Clean Wate

etseq. 

(21 )(a) The council shaJi adopt and promulgate rules and reg

new or renewal pennlt or license apPlicants regulated under the Env

Act. the Integrated Solid Waste Management Act. or the livestock 

Act to establish proof of financial responsibility by providing fu

abandonment, default. or other Inability of the pennittee Of lic

requirements of lis penni! or Mcense or other conditions Imposed 

pUn\uant to the acts. The council may exempt classes of pennlttees 

requiremeots of this subdivision when a finding is made that suc

result In a significant risk to the pubHc health and welfare. 

(b) Proof of nnancial responsiDility shah Include any of Ihe fol

to or held In trust for the benefJt of the state and approved by the dep

(i) A surety bond executed by the applicant and a corporate 

business In this state; 

18