### (d) Program summaries Incl uding statistical summaries when applicable for the most recently completed state fiscal year and program acUvity goals for the current state fiscal year; (4) A report regarding staff tumover by

## Job class and the department's assessment 

### of its 

### ability to hire and retain qualified staff considering the state's personnel pay plan; 

### (5) A report "sting the method used 

### by each new or existing licensee, permittee, or other person 

### who Is 

### required 

### by tI'Ie department 

### to establish proof of financial responsibility; and (6) A report 

### of funds credited 

## to the Nebraska Litter Reduction and Recyctlng Fund 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 

### department sha!! establish a telephone**~ne** 

### to provide Information on the department's programs and requirements and to report complaints and suspected violations 

### of the valious enVIronmental staMas and regulations which the department administers , as well as complaints regarding 

### the department's regulation and enforcement actMtles

. The 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 from grants 0( 

### loans administered pursuant to the Environmental Protection Acl shall 

### be made ' for projects relatecl to 

### tire-<lerived fuel. Source: Laws 2001 , LB 461 , 

### § 9

. 81·1505. Council; rul

.. end reGulltfons; shlnderds of air, lend, and water quellty. (1) In order to carry out the purposes of the Environmental Protection Act, the Integrated Solid Waste Management Act, and the Livestock Waste Management Act, the colXlCll shall adopt and promulgate rules and regulatiOns which shall set standards 

### of air, water

. and land quality to be applicable 

## to the air, watet'$, and land of this state or portions thereof. Such standards of quality shall be such as 

### to protect 

### the public health and welfare. The council shall classify air, water, and land contaminant sources according to levels and types of discharges, emissions, and other characteristics which relate to air, water, and land pollution and may require reporting for any such class or classes. Such classifications and standards made pursuant 

### to this 

### section may 

### be made for application 

### to the state as a whole 

### or to any designated ama of the state and shall be made with special reference 

### to effects on health , economic and soci al factors, and physical effects on property. Suci"I standards and classifications may be amended as determIned necessary by the counCil. (2) In adopting the ciassificatlons of waters and water q\Jality standards, the primary purpose 

### for suctl classifications and standards snail be to protect the public health and welfare and the council sna

. give oonsideration to: (a) The size, depth, surface area, or underground area covered , the volume, direction, and rate of

### flow, stream gradient, and temperature 

### of 

### the water;

1 1(b) The character of the area affected by such classification or standards, its pecutlar suitablrlty for particular purposes, conserving the value of the area, and encouraging 

### the most appropriate use of lands within such area for domestic, agricUltural, Industrial, recreational, and aquatic lifa pUfPO!l8S; (c) The uses 

### which have been mada, are being made, or are likely to be made, of such waters for agricultural, transportation, domestic, and Industrial consumption, for fishing and aquatic 

### cutture, for the dlspo!l8l of sewage, Industrtal waste, and other wastas, Of' other uses within this state 

### and, at the discretion of tha council, any such uses In another state on Interstate waters fIowtng through or OfiO!natJng In this state; (d) 

### The elttent of present pollution or contamination of such waters which has already 

### occurred or resulted from past discharges therein; and (a) Procedures pursuant to section 401 of the Clean Water 

### Act, 33 U

.S.C

. 1251 et 

### seq
.. for certification by the department of actlvilJes reQUIring a federal license or pennI! which may result In a discharge. (3) In adopting effluent limitations or prohibitions, the council shalt give consideration 

### 10 the 

### type, class, 

### at category of dischalges and 

### the quantities, ratas, and concentrations of chemical, physlcal, bIOlogical , and other constHuents which are discharged from point sources 

### into navigable or other waters of the state , includ ing SChedules of**~lanc:e,** best pntdicable 

### oontrol technology, and 

### best available 

### control technology

. (4) In adopting standards of 

### perfonnance, the council shall gi

... consideration 

### to the discharve of pollutants which 

### ref\ed: the greatest degree of emuant reduction which the 

### council detelTT1ines to be achievable 

### through application of the best avaitable demonstrated control technology, processes, operalflg methods, or other alternatives , Including, when practicable, a standard permitting 

### no discharge of pollutants

. (5) In adoplflg toxic poIutant standards 

### and limitations. 

### the council shan 

### give conSideration 

### to the 

### c:omIMatiOnS of pollutants, 

### the toxlctty of 

### the pollutant, its persistence, degradability, 

### the usual or potential presence of the affected organisms In any waters, the importance of the affected orgal\lsms, and 

### the natura and extent of the effect of the tolde pollutant on such organisms. (6) In adopting pretreatment standards

. 

### the council shall give consideration to 

### the prohibitions or limItations to noncompalible pollutants. prohibitions against the passage through a publicly owned treatment worb of pollutants which would cause Interference with 

## or obstruction 

### to the operation of publicly owned trealment works, damage 

### to such works, and the prevention of the discharge of po!lutantslherefrom which are inadequately lreated

. (7) In adopting treatment standards, the council shall give consideration 

### to providing for processes 

### to v.t1\ch wastewater shall be 

### subjected In a publicly owned wastewater treatment works In order to make such wastewater suitable for subsequent use. (8) In adopting regulations pertaining 

### to the disposal of dOmestic and Industrial liquid wastes, the council shall give consideration to the minimum amount of b iochemical oxygen demand , suspended solids, or equivalent 

### in the case 

### of Industrial wastewaters, which must 

### be removed from 

### !he wastewaters and the degree 

### of disinfection necessary to meet water quality standards with respect 

### 10 construction, Installatlon, change of, alterations In, or additions to any wastewater treatment wottIl 

## or disposal systems,

12Includ ing Issuance of permits and proper abandonment, and requirements necessary for proper operation and maintenance thereof

. (9Xa) 

### The council shall adopt and promulgate ruies and reguiations for oontrolling minerai exploration holes and mineral production and injection wells

. 

### The rules and regulations shall Include standards for the construction , operation , and abandonment of such holes and wells

. 

### The standards shaN protect. 

### the public health and welfare and air. land , water, and subsurface resources so as to control , minimize, and eliminate hazards to humans, animals, and the environment. Conskleration shall be given to: (I) Area conditions such as**suitab 1ty**  of location, geologic formations, topography, Industry, agriculture, population density, wildlife, fish and other aquatlc life, sites of ardleologlcal and hlstoncal importance, mlneral , land , and water resources, and 

### the existing economic activities of 

### the area includ ing, but not Nmited to , agriculture, recreation, totJrism, and industry; (II) A site-specific evaluation of the geologic and hydrologic**sultab ~l** **ty** of 

### the site and 

### the injection, disposal, and production zones: (iii) The quality 

### of

### the existing ground water, 

### the effects of exemption of

### the aquifer from any existing water quaHty standards, and requirements for restoration of

### the aquifer; (Iv) Standards for design and US& of production facUitles, Yotilch shall include, but not be limited to, all wells, pumping equipment, surface structures, and assoclated land required for operation 

### of Injectioo or production wells; and (v) Conditions required for closure, abandooment, or restoration of minerai exploration holes, injection and prodlJction wells, and prodtx:tlon facilities In order to protect the public health and welfare and air, land , water. and subsurface resources. (b) 

### The council shall establish fees for regulated activities and facllijies and for permits for such activities and facilities

. The fees shall 

### be sufficient 

### but shall 

### not exceed the amount necessary to pay 

### the department for the direct and indirect costs of evaluating, processing, and monitoring doong and after operation of regulated facilities or performance of regulated activities. (c) With respect to mineral production wells, the council shall adopt and promulgate rules and regulations which require restoration of air, land, water, and subsurface resources and require mineral production well permit applications 

### to Include a restoration plan for the air, land, water, and subsurface resources affected

. Such rules and regulations may provide for issuance of a research and development pemlit which authorizes constructlon and operation of a pilot plant 

### by the permittee for the purpose of demonstrating the permittee's ability to inject and restore in a manner which meets the standards requ ired by this subsection and 

### the rules and regutations

. The rules and regulations adopted and promulgated may also provide for Issuance of a commerCial permit after a finding by the department that the injection and restoration procedures authorized by the research and development permit have 

### been successful in demonstrating the applicant's ability to Inject and restore In a mamer which meets the standards required by this subsection and the rules and regulations

. (d) For the purpose of this subsection , unless the context otherwise requires, restoration shah mean the employment, during and after an activity, of procedures reasonably designed to control , minimize, and eliminate hazards to humans , animals, and the environment, to protect the public health and welfare and air, Ind , water, and

Il

### subsurface resources, and 

### to rerum 

### each resource 10 a quality of use conabtent 

### with the uses for which the reSOUfC8 

### was suiteble prior 

### to the activity

. 

### (10) In adopting livestock waste control regulations, the coooellshsil consider the dlscharve of livestock wastes into the 

### waters of 

### the state or onto land not owned by the livestock operator, conditions under which permits for suetl operations may be 

### Issued, Including design , location, and proper management 

### Of sUCh facUlties, protection of ground water from such operations, and revocation, modification, or suspension of such permits for cause and alt req uirements of 

### the Livestock Waste Management Act

. 

### (11) In adopting regulations for the Issuance of permits under 

### the National Pollutant Discharve Elimination System created by the Cleen Water Act, 

### 33 U

.S

.C

. 

### 1251 et 

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

### required and exemptions, application and filing requirements, terms and conditions affecting 

### such peflTllts, notice and public participation, duration and review of 

### such permits, and monitoring, recording, 

### and reporting lIlder 

### the system

. 

### (12) 

### The council 

### shall adopt and promu lgate rules and regulations for air pollution control which shaD Include: (a) A construction permit program which reqlkes 

### the owner or operator of an air contaminant 

## source to obtain a permit pl10r 

### to construction

. Application 

### fees shal be accotcllng 

### to section 

### 8 1· 1505

.06; (b) 

### An operating permit program conslatant with requhlrMnls of 

### the Clean Air Act, 

### 42 U

.S

.C. 

### 7401 

### et 

### seq., and an operatwlg permit 

### program 

## tot minor lSOurces of eir 

### poHutIon, which programs 

### &hal require pennits 

## tot both 

### new and exisllng sources; (c) Provisions for operating permits 

### to be 

### Issued aftar public notice, 

### to be 

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

### be 

### modified 

### to Incorporate 

## new requltementa; (d) Provisions for applcations 

### to be 

### on fonns provided by 

### the department and 10 

### contain 

### information necessary 

## to make a deteflTltnatlon on 

### the appropriateness of iuuance or

### derWal. The department shall make a completeness delaf'm ination In 

### a timely fashion and after 

### such detelmination shall 

### act on the 

### application 

### within time Wmits set by the 

### council. Applications for operating permits shaM Include provisions for 

### certification of compliance by 

### the applicant; (e) 

### Requlrsments for operating permits which may Include 

### such conditions as necessary 

### to protect public health and welfare, includIng, but not limited 

### to (I) 

### monitoring and

. reporting requirements 

## on all sources subJect 

### to the permit, (II) 

### payment of annual fees sufficient 

### to pay the reasonable direct and Indirect costs of developing and administering 

### the air quaUty permit program ,**(~I)** 

### retention of records, (Iv) 

### compl!ance 

### v.ith all air quality standards, (v) 

### a permit term of no 

### more than 

### five years from date of Issuance, (vi) 

### any applicable schedule of compliance leading 10 compliance 

### with air quality regulations, (vii) 

### site access 

### to the department for 

### Inspection of the facility and records, (viii) 

### emission limits or control technology requirements, (Ix) periodic compliance certification, and (x) other conditions necessary to carry out 

### the purposes 

### Of the Environmental Protection 

### Ad. F or purposes of this subaeCtlon, control technology shall mean a design, equipment, a worli: 

### practice, an operatlonal .tandard which may include a requirement for operator training or

### certlf1catIon, or any combination thereof: (f) 

### Classffication of airquality control 

### regions;

I.(g) Standards 

### for air quality that may 

### be established based upon protection of public health and welfare, emission limitations established 

### by the Unlled States Environmental Protection Agency, and maximum achievable control technology standards for sources of toxic air pollutants , For purposes of this subd ivision, maximum achievable control technology standards shall mean an emission limit 0( control technology standard which requires the maximum degree of emission reduction that the council, taking Into consideration 

### the cost of achieving such emission reduction, any health ar'ld environmental impacts not related 

### to air quality, and energy requirements, detennlnes Is achievable for 

### new or existing sources In the category or subcategory to Which the standard applies through application of measures, processes, methods, systems , or techniques, Including, but 

### not limited to, measures which accomplish one or a combination of the folloYling : (I) Reduce tl\e volume of or eliminate emissions of the pollutants through process 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 process, stack, storage, or fugitive emission point; (h) Restrictions on open burning and fugltlve emissions; (I) Provisions for Issuance 

### of general operating pennlts, after public notice, 

### for sources with similar operating conditions and for revoking stx:h general authority to specific permittees; 

## 0> Provisions for Implementation 

### of any emissions trading programs as defined by the department, Such programs shall be consistent with the Clean Air Act , 42 U ,S,C , 7401 

### at 

### seq
.. and administered through 

### the operating pennlt program; (k) A provision that operating permits will not be Issued 

### If the Environmental Protection AgellCy objects In a timely manner; (I) Provisions for periodic reporting of emissions; (m) limitations on emissions from process operations, fuel-burning equipment, and Incinerator emissions and such other restrictions on emissions as are necessary to protect the public health and welfare; (n) Time schedules for compliance; (0) Requirements for owner or operator testing and monitoring of emissions; (p) Control technology requirements when 

### it is not feasible 

## to prescribe 0( enforce an emission standard; and (q) Procedures and definitions necessary to cany out payment of the annual emission fee 

### set in section 81-1505,04 , (13)(a) In adopting regulations for hazardous waste management, the council shall give consideration to generation of hazardous wastes, labeUng practices, COfltainers used, treatment, storage, collection , transportation including a manifest system , processing, resource recovery, and disposal of hazardous wastes, It shall conskler the pemlittlng, licensing , design and C041struction, and development and operational plans fO( hazardous waste treatment, storage , and disposal facilities, and conditions for licensing or pennittlng 

### of hazardous waste treatment, storage, and disposal areas, II shall consider modification, suspension, or revocation of such licenses and pennlts, including reqtJirements for waste analysis, site improvements, fire prevention, 

### safety, security, restricted access , and covering and handling 

### of hazardous liquids ar'ld materials ,

ISLicenses and permits for hazardous waste

. treatment. storage, and disposal facilities shaM not be Issued until certifICation by the Slate Fire Marshal as 

### to fire prevention and fire 

### safety has been receiVed by the department

. The council shall further consider the need at treatment, storage, or disposal facUities for required equipment, communications and alarms, personnel training, and contingency plans lor any emergencies that might arise and 

### fora coord inator during such emel'Q8ncies. In addition the colnCll shall give consideration to (I) ground water monitoring, (ii) use and management of containers and lanks, (iii) surface Impoundments, (Iv) waste piles, (v) land treatment, (vi) Incinerators, (vii) chemical or biological treatment, (viii) landfills Including the SUNeying thereof, 

### and (be) special requirements for ignitable, reactive, or incompatible wastes

. In considering closure and postciosure of hazardous waste treatment, storage, or disposal facilities, the cooocit shall consider regulations that would result In the owner 0( operator closing his 

### or her facility 

### so as to minimize the need for future maintenance, and to control, minimize; or eliminate, 

### to the extent necessary 

### to protect humans, animals, and the environment, postclosure 

### escape of hazardous waste , hazardous waste constituents, and leachate to the ground water 0( surface waters, and to control, minimize, or elimlll!lte, to the extent necessary to protect humans, animals, and the 8flVironment, waste decomposition to the atmosphere. In considering corrective action fOf hazardous waste treatment, 

### storage, or disposal facilities, the council shal consider regulations that would require the 

## owner or operator, or any previous owner or operator 

### With actual knowledge of the presence of hazardous waste at the facility, 

### to undertake corrective action or such other response measures necessary to protect human health 0( the environment for all releases of hazardous waste or hazardous constituents from any treatment, storage, or disposal faciUty or any solid waste management unit at 

### SI.ICh facility regardless ofthe time at which waste was placed 

### In such unit. Such regulations adopted pursuant to this subsection shall in all respects comply with the Environmentel Protection Act and the Resource Conservation and Recovery Act, 

### 42 U.S.C. 6901 et 

### seq
. (b) In adopting regulations for hazardous waste management, the counci l shall consider, in addition 

### to criteria in subdivision (a) of this subsection , estabWshlng criteria for (I) identifying hazardous waste Including extraction procedures, toxicity, persistence, and degradabillty in nature, potential for accumulation In tissue, flammability or ignilabiiity, corrosiveness, reactivity, and generation of pressure through decomposition, heat, 0( other means, and other hazardous characteristics, (II) listing all materials It deems hazardous and which should 

### be subject 

### lei regulation, and (iii) locating treatment, storage, or disposal facilltles for such wastes

. In adopting criteria for flammability and ignilability of wastes pursuant 

## to subdivision (b)(l) of this subsection, no regulation shall be adopted without 

### the approval ofthe Slale Fire Marihal. (c) In adopting regulations for hazardous waste management, the council shal establish a schedule of fees to be paid to the director by licensees or permittees operating hazardous waste processing facilities or disposal areas on the basis of a monetary value per cubic foot 0( per 

### pound of the hazardous wastes, sufficient but not exceeding the emount necessary to relrrburse the departmeflt for the costs of monitoring such facilities or areas during and after operation of such facilities or areas

. The licensees may assess a cost against persons using the facilities or areas

. The director



### 16

### shall remit any money collected from fees paid to him or her to 

### the State Treasurer who shall credit the entire amount 

### thereof to 

### the General FUnd

. (d) In adopting regulations for solid waste disposal , lhe council shall conskler storage, collection, transportation, processing, resource recovert, and disposal of solid waste, developmental and operational plans for solkl waste disposal areas, conditions for pennlttlng of solid waste disposal areas, modification, suspension, or revocallon of such pennlts, regulations of operations of disposal areas, Including site Improvements, fire prevenllon , ground water protectlon, safety and resl11cted access, handling of liquid and hazardous materiels, Insect and rodent control, salvage operations, and 

### the methods of disposing of accumulations of junk outslde of solid waste disposal areas

. Such 

### regulations shall In alt respects comply 

### with the Environmental Protection Act, the Integrated Solkl Wasle Management Act. end the Resource Conservation and Recovery Act, 42 U

.S

.C

. 6901 et 

### seq. (14) In adopting regulations 

### governing dlscharoes or emissions of olt and other hazardous materials Into 

### the waters , 

### in the air, or upon the land of the 

### state, 

### the oouncH shan consider the reqUirements of the 

### Integrated SoNd Wasle Maf'l8gement 

### Act, mett'lOds br prevention of 

### such dlscharves or emissions, 

### and the responsibility of the 

### discharver or emitter for**clean~,** 

### toll:lcity, degradabllity, and dlsperut characteristics of 

### the substance

. (15) In adopting regulations govemlng composting and oompoltlng sites, the 

### council shalt give consideration to: (a) Approval of a proposed site by the 

### local govemlng body, 

### Indudlng the mnlng authority, 

### If any, prior 

### to Issuance of a pennI! by 

### the department; (b) Issuance of pennits by 

### the 

### department 

### for such oompostlng operations, with conditions If necessary. (c) Submission of construction and operational plans by 

### the applicant for a penni! 

### to the department, 

### with approval of such 

### plans before Issuance of 

### such penni!; (d) A lenn of five years for 

### such pernlits, which shalt not be

### transferable : (e) Renewal of pennits If the operation has been In substantial compliance with 

### composling regulations adopted pursuant to this subsection, pennI! conditions, and operational plans: (f) Review by the department of materials to be composted, Including chemical af'l8lysls when found by the department to be 

### necessary: (g) Inspections of 

### such compost sites at least semiannually followed by ratings, with a copy of such ratings to be given to the site management. Operations out of compliance 

### with compesting regulations, pennit conditions, or operational plans shall be given a reasonable time for voluntary compliance, and faUure 

### to do so wHhln the specified time shall result In a hearlng 

### after notice Is given, at which time 

### the owner or operator shall appear and show cause why hIs or her permit should not be ravoked; (h) Special pennlts of the department for demonstration proJects not to ell:ce&d sill: 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, water, or land contaminant sources of any elMs for 

### which the rules and regulations of the 

### council require reporting shall make reports 

### oontainlng Information as may be required 

### by 

### the department concemlng Quality and quantity 

### of discharges and emissions, location, size,

17and height of oontaminant outlets

. processes employed. fuels used

. and the nature and time periods or duration of discharges and emiSSions. and such other Infonnatlon as Is relevant to air

......ater

. or land pollutlon and is available. (17) Prior to adopting. amending, or repealing standards and classiftcatlons of air

. water. and Land quality and rules and regulations under the Integrated Solid Waste Management Act or the livestock Waste Management Act. the council shall

. after due notice

. oonduct public hearings thereon

. Notice of public hearings shaU speclfy the waters 

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

. or land are sought to be adopted

. amended. or repealed and the time

. date

. and place of such hearing. Such hearing shall be hek:l in the general area 

### to be affected by such standards. Such notice shaH be given In accordance with the Administrative Procedure Act. (18) Standards of quality of the air. water. or land of the state and rules and regulations adopted under the Integrated Solid Waste Management Act or the livestock Waste Management Act or any amendment or repeal of such standards or rules and regulations 

## shan become effective upon adoption by the council and filing 

### in the office of the Secmtary of State

. In adopting standards of air. water

. and Land quaUty or making any amendment thereof. the coullCll 

### shaM specify a reasonable time for persons discharging wastes Into the air. water

. or land of the state to comply with such standards and upon 

### the expiration of any such period of 

### time may 

### revoke or 

### modify any pennlt previously Issued which authorizes the dischaflj'9 of wastes Into the air. water. or land of this state which results in reducing the quality of such air

. water, or land below the standards established therefor by the council. (19) All standards of quality of air. water, or land and all rules and regulations adopted pursuant to 

### law by the councH prior to May 29. 1981. and applicable to specified air. water. or land are hereby approved and adopted as standards of quality of and rules and regulations for such air

. water, or land

. 

### (20) In add ition to such standan::ls as are heretofore authOrized, lhe councU shall adopt and promulgate rul es and reguiatiOflS to set standards of perfonnance. effluent standards. Pf9treatment standards, treatment standards, toJdc pollutant slandards and limitations. effluent limitations. efIIuent prohibitions. and quantitative limitations 

### or concentrations 

### which shall In all respects confonn With and meet the requirements of

### the National Pollutant Discharge Enmmtion System in the Clean Water Act. 

### 33 U

.S

.C. 1251 etseq.(21 )(a) The council shaJi adopt and promulgate rules and regulations requ iring all new or renewal pennlt or license apPlicants regulated under the Environmental Protection 

### Act

. the Integrated Solid Waste Management Act

. or the livestock Waste Management Act to establish proof of financial responsibility by providing funds In the event of abandonment, default. or other Inability of the pennittee Of licensee to meet 

### the requirements of lis penni! or Mcense or other conditions Imposed by the department pUn\uant to the acts

. The council may exempt classes of pennlttees or licensees from the requiremeots of this subdivision 

### when a 

### finding is made that such exemption will not result In a significant risk to the pubHc health and welfare. (b) 

### Proof of nnancial responsiDility shah Include any of Ihe following made payable to or held In trust for the benefJt ofthe state and approved by the department: (i) A surety 

### bond executed by the applicant and a corporate surety Ncensed 

### to do business In this state;



### 18