reglab/housing_qa huggingface dataset:
NE Code § 54-2426 (2021)
2021 Nebraska Revised Statutes|Chapter 54 - Livestock|54-2426 - Applications; contents.

54-2426.  Applications; contents.Each application for a National Pollutant Discharge Elimination System permit or construction and operating permit shall include, in addition to other requirements, (1) a certification that the information contained in the application is accurate to the best of the applicant's knowledge and belief and that the applicant has the authority under the laws of the State of Nebraska to sign the application and (2) a completed nutrient management plan and supporting documentation unless such information has been previously submitted and is unchanged. The nutrient management plan shall be considered a part of the application. For National Pollutant Discharge Elimination System permits, the plan shall, at a minimum, meet and conform to the requirements of the National Pollutant Discharge Elimination System in the federal Clean Water Act, 33 U.S.C. 1251 et seq. A copy of the nutrient management plan and supporting documentation shall continuously be kept on file at the department. The operator shall at least annually update changes made to the nutrient management plan as required pursuant to rules and regulations adopted and promulgated by the council. For a construction and operating permit, the plan shall contain, at a minimum, the information which the department required to be included in all nutrient management plans on January 1, 2004.Source  Laws 2004, LB 916, § 15;  Laws 2006, LB 975, § 9.
NE Code § 54-2427 (2021)
2021 Nebraska Revised Statutes|Chapter 54 - Livestock|54-2427 - Public participation; when.

54-2427.  Public participation; when.Once the department has made a determination to approve or deny an application for a National Pollutant Discharge Elimination System permit, the department shall provide opportunities for public participation, including, but not limited to, public comment, opportunity for public hearing, and agency response to comments, which are at least as stringent as the requirements of the National Pollutant Discharge Elimination System in the federal Clean Water Act, 33 U.S.C. 1251 et seq.Source Laws 2004, LB 916, § 16.
NE Code § 54-2430 (2021)
2021 Nebraska Revised Statutes|Chapter 54 - Livestock|54-2430 - Surface water runoff; diversion requirements; increase in acreage limitation; conditions.

54-2430.  Surface water runoff; diversion requirements; increase in acreage limitation; conditions.(1) Except as provided in this section, no new livestock waste control facility shall be constructed and no physical onsite activities specific to a new livestock waste control facility, except the use of a borrow site for construction of other components of the animal feeding operation, shall be initiated unless surface water runoff from the upstream area, except incidental runoff, is adequately diverted around the structure and is not permitted to enter the reservoir area. For purposes of this section, incidental runoff means the runoff that drains from the slope of the embankments, the top of the dam, the reservoir area, the feedlots, the associated roadways, and up to twenty-five acres of additional area that cannot be diverted. Incidental runoff capacity from a twenty-five-year frequency, twenty-four-hour storm shall be provided for in the waste reservoir in addition to the capacity required for the waste effluent or stored materials.(2) The Department of Natural Resources shall permit a requested increase in the twenty-five-acre limitation for a new livestock waste control facility for an animal feeding operation for which an inspection was requested prior to January 1, 2000, unless the department determines that the detriment to existing water users that would result from permitting the acreage increase would outweigh the detriment to the operator of the animal feeding operation if the increase were not permitted.(3) For other new livestock waste control facilities, the Department of Natural Resources may permit an increase in the twenty-five-acre limitation if it determines that (a) the applicant has no reasonable way to limit the amount of the additional runoff acreage to twenty-five acres or less at the proposed location of the livestock waste control facility, (b) the applicant has no reasonable alternative for relocating the livestock waste control facility so that the additional runoff acreage would not exceed twenty-five acres, and (c) either (i) an increase in the permitted runoff acreage would not reduce water supplies to the detriment of existing water users or (ii)(A) the requested facility is for a proposed expansion of an animal feeding operation in existence and in compliance with the Livestock Waste Management Act as of January 1, 2003, (B) the amount of the runoff acreage permitted in excess of the twenty-five-acre limitation is not more than fifteen percent of total permitted feedlot area, and (C) any detriment to existing water users that would result from permitting the acreage increase would be outweighed by the detriment to the operator of the animal feeding operation if the increase were not permitted.Source  Laws 2003, LB 619, § 17;   R.S.Supp.,2003, § 54-2415;  Laws 2004, LB 916, § 19.
NE Code § 54-2431 (2021)
2021 Nebraska Revised Statutes|Chapter 54 - Livestock|54-2431 - Applications; rejection; when; disciplinary actions; grounds.

54-2431.  Applications; rejection; when; disciplinary actions; grounds.(1) For purposes of this section:(a) Applicant means the person who has applied for a National Pollutant Discharge Elimination System permit, a construction and operating permit, or a major modification of a National Pollutant Discharge Elimination System permit or construction and operating permit, but does not include any other person who is a relative, partner, member, shareholder, resident, parent company, subsidiary, or other affiliate of the applicant;(b) Discharge violation means a discharge, found by the department after investigation, notice, and hearing, to have been caused intentionally or negligently by the applicant or permitholder; and(c) Permitholder means the person who has received a National Pollutant Discharge Elimination System permit, a construction and operating permit, or a major modification of a National Pollutant Discharge Elimination System permit or construction and operating permit, but does not include any other person who is a relative, partner, member, shareholder, resident, parent company, subsidiary, or other affiliate of the permitholder.(2) Notwithstanding the rules and regulations adopted and promulgated under subdivision (1)(e) of section 54-2435, the department may reject an application for a new National Pollutant Discharge Elimination System permit, an application for a new construction and operating permit, or an application for a major modification of a National Pollutant Discharge Elimination System permit or a construction and operating permit, and the department may revoke or suspend a National Pollutant Discharge Elimination System permit or construction and operating permit, upon a finding pursuant to subsection (3) of this section that the applicant or permitholder is unsuited to perform the obligations of a permitholder.(3) The applicant or permitholder shall be determined unsuited to perform the obligations of a permitholder if the department finds, upon an investigation and hearing, that within the past five years the applicant or permitholder:(a) Has committed three separate and distinct discharge violations at the same animal feeding operation in Nebraska owned or operated by the applicant or permitholder; or(b) Has a criminal conviction for a violation of section 81-1506 or a felony criminal conviction for violation of the environmental law in any jurisdiction.Source  Laws 2004, LB 916, § 20;  Laws 2006, LB 975, § 12;  Laws 2009, LB56, § 3.
NE Code § 54-2432 (2021)
2021 Nebraska Revised Statutes|Chapter 54 - Livestock|54-2432 - Acts prohibited.

54-2432.  Acts prohibited.Except as provided in section 54-2422, it shall be unlawful for any person to:(1) Construct or operate an animal feeding operation prior to an inspection from the department, unless exempted from inspection by the Environmental Protection Act, the Livestock Waste Management Act, or the rules and regulations adopted and promulgated by the council pursuant to such acts;(2) Construct a livestock waste control facility without first obtaining a construction and operating permit from the department, unless exempted from the requirement for a construction and operating permit by the Environmental Protection Act, the Livestock Waste Management Act, or the rules and regulations adopted and promulgated by the council pursuant to such acts. The use of a borrow site for construction of other components of the animal feeding operation does not constitute construction of the livestock waste control facility;(3) Operate an animal feeding operation prior to construction of an approved livestock waste control facility, unless exempted from the requirement for a livestock waste control facility by the Environmental Protection Act, the Livestock Waste Management Act, or the rules and regulations adopted and promulgated by the council pursuant to such acts;(4) Discharge animal excreta, feed, bedding, spillage or overflow from the watering systems, wash and flushing waters, sprinkling water from livestock cooling, precipitation polluted by falling on or flowing onto an animal feeding operation, or other materials polluted by livestock waste in violation of or without first obtaining a National Pollutant Discharge Elimination System permit, a construction and operating permit, or an exemption from the department, if required by the Environmental Protection Act, the Livestock Waste Management Act, or the rules and regulations adopted and promulgated by the council pursuant to such acts; or(5) Violate the terms of a National Pollutant Discharge Elimination System permit or construction and operating permit or any provision of the Livestock Waste Management Act and rules and regulations adopted and promulgated by the council pursuant to the act.Source  Laws 2004, LB 916, § 21;  Laws 2006, LB 975, § 13.  Cross References  Environmental Protection Act, see section 81-1532.Annotations  By enacting legislation that made it unlawful to discharge livestock waste without obtaining the appropriate permits or an exemption, the Legislature acknowledged that livestock waste is a potentially harmful substance that must be handled properly. Butler County Dairy v. Butler County, 285 Neb. 408, 827 N.W.2d 267 (2013). By enacting legislation that made it unlawful to operate an animal feeding operation without having an approved livestock waste control facility, the Legislature acknowledged that livestock waste is a potentially harmful substance that must be handled properly. Butler County Dairy v. Butler County, 285 Neb. 408, 827 N.W.2d 267 (2013).
NE Code § 54-2433 (2021)
2021 Nebraska Revised Statutes|Chapter 54 - Livestock|54-2433 - Department; contracts authorized.

54-2433.  Department; contracts authorized.In carrying out its responsibilities under the Livestock Waste Management Act, the department may contract with the various natural resources districts as appropriate. The contract may include all tasks or duties necessary to carry out the act but shall not enable the natural resources districts to issue National Pollutant Discharge Elimination System permits or construction and operating permits or initiate enforcement proceedings. The contract may provide for payment of natural resources districts' costs by the department.Source   Laws 1998, LB 1209, § 11;  Laws 1999, LB 870, § 12;   R.S.Supp.,2002, § 54-2411;  Laws 2004, LB 916, § 22;  Laws 2006, LB 975, § 14.
NE Code § 54-2434 (2021)
2021 Nebraska Revised Statutes|Chapter 54 - Livestock|54-2434 - Enforcement of act; legislative intent.

54-2434.  Enforcement of act; legislative intent.It is the intent of the Legislature that in enforcing the provisions of the Livestock Waste Management Act the department shall give priority to the larger animal feeding operations in the state.Source   Laws 1998, LB 1209, § 14;   R.S.1943, (1998), § 54-2414;  Laws 2004, LB 916, § 23.
NE Code § 54-2436 (2021)
2021 Nebraska Revised Statutes|Chapter 54 - Livestock|54-2436 - Reinstatement of operating permit; conditions; fee.

54-2436.  Reinstatement of operating permit; conditions; fee.(1) Any person who held an operating permit on December 31, 2005, and whose permit expired pursuant to rules and regulations may file a request for reinstatement of the operating permit subject to the following conditions:(a) The request must be filed on or before December 31, 2007;(b) The person shall certify that the livestock operation is in compliance with the operating permit as it existed on the date the operating permit expired; and(c) The request shall be accompanied by a twenty-five-dollar nonrefundable filing fee.(2) The department shall, upon receipt of a complete and timely request for reinstatement, reinstate the permit with the same conditions as existed when the permit expired.Source Laws 2006, LB 975, § 16.
NE Code § 54-2437 (2021)
2021 Nebraska Revised Statutes|Chapter 54 - Livestock|54-2437 - Conditional use permit or special exception; county planning commission or county board; powers.

54-2437.  Conditional use permit or special exception; county planning commission or county board; powers.(1) A county planning commission or county board shall grant a conditional use permit or special exception to an existing animal feeding operation seeking to construct or modify a livestock waste control facility if the purpose is to comply with federal or state regulations pertaining to livestock waste management, the operation has complied with inspection requirements pursuant to section 54-2423, and the construction or modification of the livestock waste control facility will not increase the animal capacity of such operation. The number of conditional use permits or special exceptions granted to such an operation under this subsection is unlimited.(2) A county planning commission or county board shall grant a conditional use permit or special exception to an existing beef cattle or dairy cattle animal feeding operation that has an animal capacity of five thousand or fewer beef cattle or three thousand five hundred or fewer dairy cattle that is seeking to construct or modify a livestock waste control facility if the purpose is to comply with federal or state regulations pertaining to livestock waste management, the operation has complied with inspection requirements pursuant to section 54-2423, and construction or modification of the livestock waste control facility would allow the animal capacity of the operation to increase not more than:(a) Five hundred beef cattle if the operation has an existing animal capacity of three thousand beef cattle or fewer;(b) Three hundred beef cattle if the operation has an existing animal capacity of more than three thousand beef cattle but no more than five thousand beef cattle;(c) Three hundred fifty dairy cattle if the operation has an existing animal capacity of two thousand dairy cattle or fewer; or(d) Two hundred ten dairy cattle if the operation has an existing animal capacity of more than two thousand dairy cattle but no more than three thousand five hundred dairy cattle.Only one conditional use permit or special exception per operation is allowed under this subsection.Source Laws 2006, LB 975, § 17.
NE Code § 54-2438 (2021)
2021 Nebraska Revised Statutes|Chapter 54 - Livestock|54-2438 - Major modification; applications; contents.

54-2438.  Major modification; applications; contents.Each application for a major modification of an operating permit, a construction approval, a construction and operating permit, or a National Pollutant Discharge Elimination System permit or an application for a construction and operating permit or a National Pollutant Discharge Elimination System permit shall contain (1) a certification that the information contained in the application is accurate to the best of the applicant's knowledge and belief and that the applicant has the authority under the laws of the State of Nebraska to sign the application, (2) a detailed description of the major modification requested, (3) a completed nutrient management plan and supporting documentation unless such information has been previously submitted and is unchanged, and (4) such information as required by rules and regulations adopted and promulgated by the council.Source Laws 2006, LB 975, § 18.
NE Code § 54-2501 (2021)
2021 Nebraska Revised Statutes|Chapter 54 - Livestock|54-2501 - Act, how cited.

54-2501.  Act, how cited.Sections 54-2501 to 54-2506 shall be known and may be cited as the Controlled Substances Animal Welfare Act.Source Laws 1999, LB 573, § 1.
NE Code § 54-2502 (2021)
2021 Nebraska Revised Statutes|Chapter 54 - Livestock|54-2502 - Purpose of act.

54-2502.  Purpose of act.The purpose of the Controlled Substances Animal Welfare Act is to allow animal welfare organizations to obtain proper controlled substances for the purpose of humane euthanasia of seized, stray, injured, sick, homeless, abandoned, or unwanted domesticated and nondomesticated or wild animals.Source Laws 1999, LB 573, § 2.
NE Code § 54-2503 (2021)
2021 Nebraska Revised Statutes|Chapter 54 - Livestock|54-2503 - Terms, defined.

54-2503.  Terms, defined.For purposes of the Controlled Substances Animal Welfare Act:(1) Animal welfare organization means a Nebraska nonprofit corporation whose purpose is promoting the welfare, protection, and humane treatment of animals, and whose activities may include the seizure, impoundment, boarding, or kenneling of stray, injured, sick, homeless, abandoned, or unwanted animals;(2) Euthanizing drug means sodium pentobarbital or any controlled substance used for the purpose of humane euthanasia of seized, stray, injured, sick, homeless, abandoned, or unwanted animals; and(3) Veterinarian means a person authorized by law to practice veterinary medicine in this state.Source Laws 1999, LB 573, § 3.
NE Code § 54-2504 (2021)
2021 Nebraska Revised Statutes|Chapter 54 - Livestock|54-2504 - Collaborating veterinarian agreement; required; when; contents.

54-2504.  Collaborating veterinarian agreement; required; when; contents.Possession and administration of a euthanizing drug by an animal welfare organization shall be pursuant to a collaborating veterinarian agreement. A collaborating veterinarian agreement is between a veterinarian and an animal welfare organization and includes:(1) Designation of the responsible individual or individuals for the animal welfare organization;(2) Provisions for the proper storage and inventory of the euthanizing drugs;(3) Maintenance of effective controls against the diversion of such drugs;(4) Provisions for proper training of any animal welfare organization staff whose duties include administering a euthanizing drug. Such training includes information in at least the following areas: The pharmacology, proper administration, and storage of euthanizing drugs; federal and state laws regulating the storage and inventory of euthanizing drugs; stress management; and proper disposal of euthanized animals; and(5) Maintenance of a valid veterinary-client-patient relationship.Pursuant to a collaborating veterinarian agreement, a veterinarian shall maintain a separate registration under section 28-408 at the principal place of business of the animal welfare organization.Source Laws 1999, LB 573, § 4.
NE Code § 54-2505 (2021)
2021 Nebraska Revised Statutes|Chapter 54 - Livestock|54-2505 - Liability.

54-2505.  Liability.If a veterinarian assists an animal welfare organization in obtaining euthanizing drugs pursuant to a collaborating veterinarian agreement authorized by the Controlled Substances Animal Welfare Act, such veterinarian is not liable for any acts or omissions on the part of the animal welfare organization, except that disciplinary action may be taken against the separate registration pursuant to section 28-409. The animal welfare organization is liable under the Uniform Controlled Substances Act for acts or omissions on the part of its staff members.Source Laws 1999, LB 573, § 5. Cross References  Uniform Controlled Substances Act, see section 28-401.01.
NE Code § 54-2506 (2021)
2021 Nebraska Revised Statutes|Chapter 54 - Livestock|54-2506 - Insurance required.

54-2506.  Insurance required.No animal welfare organization shall accept controlled substances under a collaborating veterinarian agreement unless, at the time of the acceptance, it has in effect third-party liability insurance covering damages resulting from the improper handling or control of controlled substances.Source Laws 1999, LB 573, § 6.
NE Code § 54-2601 (2021)
2021 Nebraska Revised Statutes|Chapter 54 - Livestock|54-2601 - Act, how cited.

54-2601.  Act, how cited.Sections 54-2601 to 54-2631 shall be known and may be cited as the Competitive Livestock Markets Act.Source  Laws 1999, LB 835, § 1;  Laws 2006, LB 856, § 25;  Laws 2016, LB176, § 1.
NE Code § 54-2602 (2021)
2021 Nebraska Revised Statutes|Chapter 54 - Livestock|54-2602 - Terms, defined.

54-2602.  Terms, defined.For purposes of the Competitive Livestock Markets Act:(1) Animal unit means one head of cattle, three calves under four hundred fifty pounds, or five swine;(2) Contract swine operation means a livestock operation in which swine owned or controlled by a packer are produced according to a written agreement that does not contain a confidentiality clause and that is agreed to by the packer and a person other than the packer who owns, leases, or holds a legal interest in the livestock operation;(3) Department means the Department of Agriculture;(4) Director means the Director of Agriculture or his or her designee;(5) Livestock means live cattle or swine;(6) Livestock operation means a location, including buildings, land, lots, yard corrals, and improvements, adapted to and utilized for the purpose of feeding, keeping, or otherwise providing for the care and maintenance of livestock;(7) Packer means a person, or agent of such person, engaged in the business of slaughtering livestock in Nebraska in excess of one hundred fifty thousand animal units per year; and(8) Person includes individuals, firms, associations, limited liability companies, and corporations and officers or limited liability company members thereof.Source  Laws 1999, LB 835, § 2;  Laws 2016, LB176, § 2.