reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 129 - AIR QUALITY REGULATIONS › Chapter 15 - COMPLIANCE › Section 129-15-006 - Compliance; Exceptions Due to Startup, Shutdown, or Malfunction

Current through June 17, 2024
006.01 Upon receipt of a notice of excess
  emissions issued by the Department the source to which the notice is issued may
  provide information showing that the excess emissions were the result of a
  malfunction, start-up, or shutdown. Based upon any information submitted by the
  source operator, and any other pertinent information available, the Director
  shall make a determination whether the excess emissions constitute a
  malfunction, start-up, or shutdown, and whether the nature, extent and duration
  of the excess emissions warrant enforcement action. In determining whether
  enforcement action is warranted, the Director shall consider the following:
006.01A Whether the excess emissions during
  start-up, shutdown or malfunction, occurred as a result of safety,
  technological or operating constraints of the control equipment, process
  equipment, or process.
006.01B
  Whether the air pollution control equipment, process equipment, or processes
  were maintained and operated to the maximum extent practical for minimizing
  emissions.
006.01C Whether repairs
  were made as expeditiously as practicable when the operator knew or should have
  known when excess emissions were occurring.
006.01D Whether the amount and duration of
  the excess emissions were limited to the maximum extent practical during
  periods of such emissions.
006.01E
  Whether all practical steps were taken to limit the impact of the excess
  emissions on the ambient air quality.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 129 - AIR QUALITY REGULATIONS › Chapter 15 - COMPLIANCE › Section 129-15-007 - Control Regulations; Circumvention, When Excepted

Current through June 17, 2024
007.01 No person will cause or permit the
  installation or use of any machine, equipment, device or other article, or
  alter any process in any manner which conceals or dilutes the emissions of
  contaminants without resulting in a reduction of the total amounts of
  contaminants emitted.
007.02
  Exception to 007.01 may be granted by the Department, upon request, provided
  that such action is intended to convert the physical and/or chemical nature of
  the contaminant emission and that failure to reduce total contaminant emissions
  results solely from the introduction of contaminants which are not deemed to be
  detrimental to the public interest.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 129 - AIR QUALITY REGULATIONS › Chapter 16 - SULFUR COMPOUND AND NITROGEN OXIDES EMISSIONS STANDARDS › Section 129-16-001 - Sulfur Compound Emissions; Existing Sources Emissions Standards

Current through June 17, 2024
No person will allow sulfur oxides to be emitted from any existing
	 fossil fuel burning equipment in excess of two and one half (2.5) pounds per
	 million BTU input, maximum 2-hour average. For purposes of these regulations,
	 "existing fossil fuel burning equipment" means equipment, machines, devices,
	 articles, contrivances, or installations in operation prior to February 26,
	 1974; and, the heat input will be the aggregate heat content of all fuels whose
	 products of combustion pass through a stack, or the equipment manufacturer's or
	 designer's guaranteed maximum input, whichever is greater.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 129 - AIR QUALITY REGULATIONS › Chapter 16 - SULFUR COMPOUND AND NITROGEN OXIDES EMISSIONS STANDARDS › Section 129-16-002 - Nitrogen Oxides (Calculated as Nitrogen Dioxide) Emissions Standards for Stationary Sources

Current through June 17, 2024
No owner or operator of an installation producing nitric acid, either
	 as an end product or for use in intermediate steps in production of other
	 products, will allow emissions of oxides of nitrogen (calculated as nitrogen
	 dioxide) to exceed 5.5 pounds per ton of 100 percent nitric acid produced, or a
	 concentration equivalent to 400 parts per million (ppm) by volume, whichever is
	 more stringent. Compliance with the nitrogen oxides emission limit is
	 determined using the arithmetic average of three contiguous one-hour periods.
	 This will apply unless:
002.01 the
  installation is subject to 40 CFR § 60, Subpart Ga;
002.02 a more stringent oxides of nitrogen
  standard for nitric acid production is specified in the underlying requirements
  of an applicable federal rule; or
002.03 a more stringent oxides of nitrogen
  standard for nitric acid production is specified within a construction permit
  issued pursuant to this Title.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - DEFINITIONS › Section 130-1-001 - Agronomic rates

Current through June 17, 2024
"Agronomic rates" means the application of livestock wastes and process
	 wastewater at rates that meet crop needs for nitrogen and phosphorus, while
	 taking into account other sources of nutrients, and without leading to or
	 causing water quality impairment due to over application.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - DEFINITIONS › Section 130-1-002 - Animal feeding operation

Current through June 17, 2024
"Animal feeding operation" means a location where beef cattle, dairy
	 cattle, horses, swine, sheep, poultry, or other livestock have been, are, or
	 will be stabled or confined and fed or maintained for a total of forty-five
	 days or more in any twelve-month period and crops, vegetation, forage growth,
	 or post-harvest residues are not sustained in the normal growing season over
	 any portion of the location. Two or more animal feeding operations under common
	 ownership are deemed to be a single animal feeding operation if they are
	 adjacent to each other or if they utilize a common area or system for the
	 disposal of livestock waste. Animal feeding operation does not include
	 aquaculture as defined in Neb. Rev. Stat. §
									2-3804.01.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - DEFINITIONS › Section 130-1-005 - Authorized representative

Current through June 17, 2024
"Authorized representative" means:
005.01 In the case of a corporation, a
  principal executive officer in charge of a principal business function and of
  at least the level of vice president;
005.02 In the case of a limited liability
  company, a manager, or a person as described in Neb. Rev. Stat. §
									21-2606(1)(g), or a
  principal executive officer;
005.03
  In the case of a partnership, a general partner;
005.04 In the case of a sole proprietorship,
  the proprietor; or
005.05 In the
  case of a municipal, state or other public entity, a principal executive
  officer or ranking elected official.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - DEFINITIONS › Section 130-1-006 - Best Management Practices

Current through June 17, 2024
"Best Management Practices" means schedules of activities,
	 prohibitions, maintenance procedures, and other management practices found to
	 be the most effective methods based on the best available technology achievable
	 for specific sites to prevent or reduce the discharge of pollutants to waters
	 of the State and control odor where appropriate. Best management practices also
	 include operating procedures and practices to control site runoff, spillage,
	 leaks, sludge or waste disposal, or drainage from raw material
	 storage.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - DEFINITIONS › Section 130-1-008 - Concentrated animal feeding operation

Current through June 17, 2024
"Concentrated animal feeding operation" or "CAFO" means an animal
	 feeding operation that is:
008.01
  Defined as a large concentrated animal feeding operation because of
  size;
008.02 Defined as a medium
  concentrated animal feeding operation because of size and because animals are
  in direct contact with waters of the State or waste is discharged to waters of
  the state through a man-made conduit; or
008.03 Designated as a medium or small
  concentrated animal feeding operation by the Director.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - DEFINITIONS › Section 130-1-010 - Construction and operating permit

Current through June 17, 2024
"Construction and operating permit" means the state permit to construct
	 and operate a livestock waste control facility, including conditions imposed on
	 the livestock waste control facility and the associated animal feeding
	 operation.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - DEFINITIONS › Section 130-1-016 - Discharge

Current through June 17, 2024
"Discharge" means the spilling, leaking, pumping, pouring, emitting,
	 emptying, or dumping of pollutants into any waters of the State or in a place
	 which will likely reach waters of the State.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - DEFINITIONS › Section 130-1-017 - Diversion terrace

Current through June 17, 2024
"Diversion terrace" means an individually designed grade channel with a
	 supporting ridge on the lower side, constructed across the slope with a
	 non-erosive grade.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - DEFINITIONS › Section 130-1-018 - Existing livestock waste control facility

Current through June 17, 2024
"Existing livestock waste control facility" means a livestock waste
	 control facility in existence prior to April 15, 1998, that does not hold a
	 permit and which has requested an inspection prior to January 1,
	 2000.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - DEFINITIONS › Section 130-1-019 - Existing non-permitted livestock waste control facility

Current through June 17, 2024
"Existing non-permitted livestock waste control facility" means a
	 livestock waste control facility constructed and operated without an inspection
	 and permit by the Department prior to April 15, 1998, or a livestock waste
	 control facility previously exempted from a permit by the
	 Department.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - DEFINITIONS › Section 130-1-021 - Holding pond

Current through June 17, 2024
"Holding pond" means an impoundment made by constructing an excavated
	 pit, dam, embankment or combination of these for temporary storage of liquid
	 livestock wastes, generally receiving runoff from open lots and contributing
	 drainage area.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - DEFINITIONS › Section 130-1-022 - Irrigation distribution system

Current through June 17, 2024
"Irrigation distribution system" means any device or combination of
	 devices having a hose, pipe, or other conduit through which livestock wastes or
	 a mixture of water and livestock wastes is drawn and applied for agricultural
	 or horticultural purposes.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - DEFINITIONS › Section 130-1-023 - Lagoon

Current through June 17, 2024
"Lagoon" means an impoundment made by constructing an excavated pit,
	 dam, embankment or combination of these for treatment of liquid livestock waste
	 by anaerobic, aerobic or facultative digestion. Such impoundment predominantly
	 receives waste from a totally housed animal feeding
	 operation.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - DEFINITIONS › Section 130-1-024 - Large animal feeding operation

Current through June 17, 2024
"Large concentrated animal feeding operation" or "Large animal feeding
	 operation" means an animal feeding operation that stables or confines as many
	 as or more than the number of animals specified in any of the following
	 categories:
024.01 700 mature dairy
  cows, whether milked or dry;
024.02
  1,000 veal calves;
024.03 1,000
  cattle other than mature dairy cows or veal calves and including but not
  limited to heifers, steers, bulls, and cow/calf pairs;
024.04 2,500 swine each weighing 55 pounds or
  more;
024.05 10,000 swine each
  weighing less than 55 pounds;
024.06 500 horses;
024.07 10,000 sheep or lambs;
024.08 55,000 turkeys;
024.09 30,000 laying hens or broilers, if the
  animal feeding operation uses a liquid manure handling system;
024.10 125,000 chickens, other than laying
  hens, if the animal feeding operation uses other than a liquid manure handling
  system;
024.11 82,000 laying hens,
  if the animal feeding operation uses other than a liquid manure handling
  system;
024.12 5,000 ducks, if the
  animal feeding operation uses a liquid manure handling system; or
024.13 30,000 ducks, if the animal feeding
  operation uses other than a liquid manure handling system.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - DEFINITIONS › Section 130-1-025 - Liquid manure storage pits

Current through June 17, 2024
"Liquid manure storage pits" means earthen or lined pits located wholly
	 or partially beneath a semi- or totally housed animal feeding operation or at
	 some removed location used to collect waste production.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - DEFINITIONS › Section 130-1-026 - Livestock waste control facility

Current through June 17, 2024
"Livestock waste control facility" means any structure or combination
	 of structures utilized to control livestock waste until it can be used,
	 recycled, or disposed of in an environmentally acceptable manner. Such
	 structures include, but are not limited to, diversion terraces, holding ponds,
	 settling basins, liquid manure storage pits, lagoons, and other such devices
	 utilized to control livestock wastes.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - DEFINITIONS › Section 130-1-027 - Livestock wastes

Current through June 17, 2024
"Livestock wastes" means animal and poultry excreta and associated feed
	 losses, bedding, spillage or overflow from watering systems, wash and flushing
	 waters, sprinkling waters from livestock cooling, precipitation polluted by
	 falling on or flowing onto an animal feeding operation, and other materials
	 polluted by livestock wastes.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - DEFINITIONS › Section 130-1-028 - Major modification

Current through June 17, 2024
"Major modification" means an expansion or increase to the lot area or
	 feeding area; change in the location of the animal feeding operation; change in
	 the methods of waste treatment, waste storage, or land application of waste;
	 increase in the number of animals; change in animal species; or change in the
	 size or location of the livestock waste control facility.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - DEFINITIONS › Section 130-1-029 - Medium animal feeding operation

Current through June 17, 2024
"Medium animal feeding operation" means an animal feeding operation
	 that confines or stables the type and number of animals in any of the following
	 ranges:
029.01 200 to 699 mature dairy
  cows, whether milked or dry;
029.02
  300 to 999 veal calves;
029.03 300
  to 999 cattle other than mature dairy cows or veal calves. Cattle include but
  are not limited to heifers, steers, bulls, and cow/calf pairs;
029.04 750 to 2,499 swine each weighing 55
  pounds or more;
029.05 3,000 to
  9,999 swine each weighing less than 55 pounds;
029.06 150 to 499 horses;
029.07 3,000 to 9,999 sheep or
  lambs;
029.08 16,500 to 54,999
  turkeys;
029.09 9,000 to 29,999
  laying hens or broilers, if the animal feeding operation uses a liquid manure
  handling system;
029.10 37,500 to
  124,999 chickens, other than laying hens, if the animal feeding operation uses
  other than a liquid manure handling system;
029.11 25,000 to 81,999 laying hens, if the
  animal feeding operation uses other than a liquid manure handling
  system;
029.12 1,500 to 4,999
  ducks, if the animal feeding operation uses a liquid manure handling system;
  or
029.13 10,000 to 29,999 ducks,
  if the animal feeding operation uses other than a liquid manure handling
  system.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - DEFINITIONS › Section 130-1-030 - Medium concentrated animal feeding operation

Current through June 17, 2024
"Medium concentrated animal feeding operation" means a medium animal
	 feeding operation, as defined by the type and number of animals that it
	 confines or stables, and which has been defined or designated as a concentrated
	 animal feeding operation. An animal feeding operation is defined as a medium
	 concentrated animal feeding operation if either one of the following conditions
	 is met:
030.01 Pollutants are
  discharged into waters of the state through a man-made ditch, flushing system,
  or other similar man-made device; or
030.02 Pollutants are discharged directly
  into waters of the state that originate outside of and pass over, across, or
  through the animal feeding operation or otherwise come into direct contact with
  the animals confined in the operation.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - DEFINITIONS › Section 130-1-031 - National Pollutant Discharge Elimination System (NPDES) permit

Current through June 17, 2024
"National Pollutant Discharge Elimination System (NPDES) permit" means
	 either a general permit or an individual permit, issued by the Department
	 pursuant to Subsection 11 of Neb. Rev. Stat. §
									81-1505.
	 A general permit authorizes categories of disposal practices or livestock waste
	 control facilities and covers a geographic area corresponding to existing
	 geographic or political boundaries, though it may exclude specified areas from
	 coverage. General permits are limited to the same or similar types of animal
	 feeding operations or livestock waste control facilities which require the same
	 or similar monitoring and, in the opinion of the Director of the Department of
	 Environmental Quality, are more appropriately controlled under a NPDES general
	 permit than under an individual permit.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - DEFINITIONS › Section 130-1-033 - New livestock waste control facility

Current through June 17, 2024
"New livestock waste control facility" means any livestock waste
	 control facility for which a construction permit, an operating permit, a NPDES
	 permit, a construction approval, or a construction and operating permit or an
	 application therefore is submitted on or after April 15,
	 1998.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - DEFINITIONS › Section 130-1-034 - 100-year, 24-hour rainfall event

Current through June 17, 2024
"100-year, 24-hour rainfall event" means a rainfall event with a
	 probable recurrence interval of one in one hundred (100)
	 years.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - DEFINITIONS › Section 130-1-035 - Open discharge system

Current through June 17, 2024
"Open discharge system" means a system in which the water is pumped or
	 diverted directly into a ditch or canal in such a manner that the force of
	 gravity at the point of discharge into the ditch or canal cannot cause water to
	 flow back to the point from which the water was pumped or
	 diverted.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - DEFINITIONS › Section 130-1-036 - Open lot animal feeding operations

Current through June 17, 2024
"Open lot animal feeding operations" means pens or similar concentrated
	 areas, including small shed-type areas or open-front buildings, with dirt, or
	 concrete (or paved or hard) surfaces, wherein animals or poultry are
	 substantially or entirely exposed to the outside environment except for
	 possible small portions affording some protection by windbreaks or small
	 shed-type areas.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - DEFINITIONS › Section 130-1-037 - Operating permit

Current through June 17, 2024
"Operating permit" means a permit issued prior to December 1, 2006, by
	 the Department after the completion of the livestock waste control facility in
	 accordance with the construction approval and the submittal of a completed
	 certification form to the Department;
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - DEFINITIONS › Section 130-1-040 - Person

Current through June 17, 2024
"Person" means any individual, partnership, limited liability company,
	 association, public or private corporation, trustee, receiver, assignee, agent,
	 municipality or other governmental subdivision, public agency, other legal
	 entity; or any officer or governing or managing body of any public or private
	 corporation, municipality, governmental subdivision, public agency, or any
	 other legal entity.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - DEFINITIONS › Section 130-1-041 - Process wastewater

Current through June 17, 2024
"Process wastewater" means water directly or indirectly used in the
	 operation of the animal feeding operation for any or all of the following:
	 spillage or overflow from animal or poultry watering systems; washing,
	 cleaning, or flushing pens, barns, manure pits, or other animal feeding
	 operation facilities; direct contact swimming, washing, or spray cooling of
	 animals; or dust control. Process wastewater also includes spent foot bath
	 water and any water that comes into contact with any raw materials, products,
	 or by products including manure, litter, feed, milk, eggs or
	 bedding.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - DEFINITIONS › Section 130-1-042 - Production area

Current through June 17, 2024
"Production area" means that part of an animal feeding operation that
	 includes the animal confinement area, the manure storage area, the raw
	 materials storage area, and the waste containment areas. The animal confinement
	 areas includes but is not limited to open lots, housed lots, feedlot,
	 confinement houses, stall barns, free stall barns, milkrooms, milking centers,
	 cowyards, barnyards, medication pens, walkers, animal walkways, and stables.
	 The manure storage area includes but is not limited to lagoons, runoff ponds,
	 storage sheds, stockpiles, under house or pit storages, liquid impoundments,
	 static piles, and composting piles. The raw materials storage area includes but
	 is not limited to feed silos, silage bunkers, and bedding materials. The waste
	 containment area includes but is not limited to settling basins, and areas
	 within berms and diversions that separate uncontaminated storm water. Also
	 included in the definition of production area is any egg washing or egg
	 processing facility, and any area used in the storage, handling, treatment, or
	 disposal of mortalities.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - DEFINITIONS › Section 130-1-043 - Settling basin

Current through June 17, 2024
"Settling basin" shall mean an individually designed low gradient,
	 broad, flat channel with a supporting ridge on the lower side, which functions
	 to trap and store settleable solids, both manure and sediment, for subsequent
	 removal.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - DEFINITIONS › Section 130-1-046 - Surface water

Current through June 17, 2024
"Surface water" means all streams, lakes, ponds, impounding reservoirs,
	 marshes, wetlands, watercourses, waterways, springs, canal systems, drainage
	 systems, and all other bodies or accumulations of water, natural or artificial,
	 public or private, situated wholly or partly within, or bordering upon, the
	 State. Impounded waters in this definition do not include areas designated by
	 the Department as wastewater treatment or wastewater retention facilities or
	 irrigation reuse pits.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - DEFINITIONS › Section 130-1-047 - Totally housed animal feeding operation

Current through June 17, 2024
"Totally housed animal feeding operation" means an operation that is
	 totally under roof where animals are housed, rainfall is prevented from
	 becoming process wastewater, and all manure, litter, and process wastewater is
	 contained. The roofed structure may or may not be enclosed on the
	 sides.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - DEFINITIONS › Section 130-1-048 - 25-year, 24-hour rainfall event

Current through June 17, 2024
"25-year, 24-hour rainfall event" means a rainfall event with a
	 probable recurrence interval of one in twenty-five (25)
	 years.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - DEFINITIONS › Section 130-1-050 - Waters of the State

Current through June 17, 2024
"Waters of the State" means all waters within the jurisdiction of this
	 State including all streams, lakes, ponds, impounding reservoirs, marshes,
	 wetlands, watercourses, waterways, wells, springs, irrigation systems, drainage
	 systems, and all other bodies or accumulations of water, surface or
	 underground, natural or artificial, public or private, situated wholly or
	 partly within or bordering upon the State.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 2 - ANIMAL FEEDING OPERATIONS: REQUIREMENTS AND PROHIBITIONS › Section 130-2-001

Current through June 17, 2024
Any small animal feeding operation is exempt from the inspection, and
	 construction and operating permit requirements, unless the animal feeding
	 operation has discharged pollutants to waters of the State, or the Department
	 has determined that such a discharge is more likely than not to occur.
	 Operations with animals that are in contact with, or which have direct access
	 to, surface waters, or operations with a man-made ditch, pipe, or other
	 conveyance from the operation to surface waters are considered to be
	 discharging. Animal feeding operations for other species not listed (e.g.
	 bison, elk) that confine animals with a total animal weight of less than
	 300,000 pounds are considered small animal feeding
	 operations.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 2 - ANIMAL FEEDING OPERATIONS: REQUIREMENTS AND PROHIBITIONS › Section 130-2-002

Current through June 17, 2024
Any person owning or operating a large or medium animal feeding
	 operation that does not have a NPDES permit, construction approval, operating
	 permit or construction and operating permit, has not been notified that no
	 permit is required, or any person proposing an expansion or increase to the lot
	 area or feeding area of a large or medium animal feeding operation, shall
	 submit an inspection request to the Department on a form provided by the
	 Department (see Appendix A). The inspection fee established in Chapter 3 shall
	 accompany the inspection request.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 2 - ANIMAL FEEDING OPERATIONS: REQUIREMENTS AND PROHIBITIONS › Section 130-2-003

Current through June 17, 2024
A livestock waste control facility is required for an existing or
	 proposed animal feeding operation when livestock wastes have discharged or have
	 the potential to discharge in a manner that is not lawfully authorized by
	 permit or these regulations.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 2 - ANIMAL FEEDING OPERATIONS: REQUIREMENTS AND PROHIBITIONS › Section 130-2-004

Current through June 17, 2024
When livestock waste control facilities are required by the Department,
	 the owner or operator of the animal feeding operation is required to apply for
	 construction and operating permit as provided in Chapter 4. In the case of an
	 existing animal feeding operation, the owner or operator will be notified in
	 writing following an inspection by the Department whether or not a facility is
	 required and, if required, the applicant shall submit an application according
	 to the compliance dates in the notification.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 2 - ANIMAL FEEDING OPERATIONS: REQUIREMENTS AND PROHIBITIONS › Section 130-2-005

Current through June 17, 2024
Any existing construction permit issued by the Department prior to July
	 16, 2004, that has not been revoked shall automatically be considered a
	 construction approval under these regulations without further administrative
	 action by the Department.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 2 - ANIMAL FEEDING OPERATIONS: REQUIREMENTS AND PROHIBITIONS › Section 130-2-006

Current through June 17, 2024
State operating permits issued pursuant to Neb. Rev. Stat. §
									81-1505(11)
	 prior to July 16, 2004, shall continue in effect until superseded by a National
	 Pollutant Discharge Elimination System (NPDES) permit issued by the Department,
	 unless otherwise revoked by the Department or exempted by these regulations.
	 State operating permits issued to small or medium animal feeding operations
	 that have not been required to seek coverage under a NPDES permit shall
	 automatically expire at midnight on December 31, 2005, without further
	 administrative action by the Department.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 2 - ANIMAL FEEDING OPERATIONS: REQUIREMENTS AND PROHIBITIONS › Section 130-2-007

Current through June 17, 2024
The Department may require an engineering evaluation or assessment of a
	 livestock waste control facility by a licensed professional engineer where the
	 Department determines:
007.01 The
  facility has visible signs of structural failure;
007.02 The facility has signs of discharge or
  proven discharge due to structural weakness, improper maintenance, or
  inadequate capacity; or
007.03 The
  Department has reason to believe that an existing livestock waste control
  facility has violated, or threatens to violate, the Environmental Protection
  Act, the Livestock Waste Management Act, or any rules or regulations adopted
  and promulgated under such acts.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 2 - ANIMAL FEEDING OPERATIONS: REQUIREMENTS AND PROHIBITIONS › Section 130-2-009

Current through June 17, 2024
The owner or operator of an animal feeding operation or proposed animal
	 feeding operation is exempt from Sections 008.07 and 008.08 above, provided
	 that:
009.01 The animal feeding
  operation or proposed animal feeding operation has been inspected by the
  Department pursuant to this chapter; and
009.02 Based on the inspection, no livestock
  waste control facility is required by the Department; or
009.03 No construction and operating permit
  or NPDES permit is required by the Department.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 2 - ANIMAL FEEDING OPERATIONS: REQUIREMENTS AND PROHIBITIONS › Section 130-2-010

Current through June 17, 2024
Any person who owns or operates an animal feeding operation shall
	 report any discharge of manure, litter, or process wastewater to the Department
	 within 24 hours of the event and provide a written report to the Department
	 within five days of the event.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 3 - FEES: INSPECTION, APPLICATION, ANNUAL PERMIT › Section 130-3-001

Current through June 17, 2024
Any person owning or operating an animal feeding operation which does
	 not hold a NPDES permit, construction approval, operating permit, or
	 construction and operating permit, has not been notified by the Department that
	 no NPDES permit or construction and operating permit is required, or is not
	 exempt under Neb. Rev. Stat. §
									54-2422,
	 shall submit the required inspection request with the appropriate fee as
	 follows:
001.01 One hundred dollars
  for each small animal feeding operation;
001.02 Two hundred dollars for each medium
  animal feeding operation; or
001.03
  Five hundred dollars for each large animal feeding operation.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 3 - FEES: INSPECTION, APPLICATION, ANNUAL PERMIT › Section 130-3-002

Current through June 17, 2024
Any person who fails to request an inspection as required in Neb. Rev.
	 Stat. §
									54-2423
	 shall be assessed, except for good cause shown, a late fee of fifty dollars for
	 a small or a medium animal feeding operation or a late fee of five hundred
	 dollars for a large animal feeding operation for each offense. Each month a
	 violation continues constitutes a separate offense.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 3 - FEES: INSPECTION, APPLICATION, ANNUAL PERMIT › Section 130-3-003

Current through June 17, 2024
Any person required to obtain a NPDES permit for an animal feeding
	 operation or a construction and operating permit for a livestock waste control
	 facility shall submit an application fee of two hundred dollars with the
	 application. Any modification meeting the definition of a major modification in
	 Neb. Rev. Stat. §
									54-2417(10)
	 and these regulations requires the submittal of an application for a major
	 modification and an application fee.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 3 - FEES: INSPECTION, APPLICATION, ANNUAL PERMIT › Section 130-3-004

Current through June 17, 2024
Beginning January 1, 2006, and each year thereafter, any person who has
	 a valid NPDES permit or who has a large concentrated animal feeding operation
	 and a construction approval, construction and operating permit, or operating
	 permit under these regulations shall be assessed and pay an annual fee based on
	 the permitted capacity as established in Neb. Rev. Stat. §
									54-2428.
	 The annual fee is due on or before March 1.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 4 - CONSTRUCTION AND OPERATING PERMIT, CONSTRUCTION APPROVAL, MAJOR MODIFICATION APPLICATION: TERMS AND CONDITIONS › Section 130-4-001

Current through June 17, 2024
Each application for a construction and operating permit shall include
	 the following:
001.01 The application
  fee;
001.02 A completed Form B (see
  Appendix B);
001.03 A completed
  Applicant Disclosure (see Appendix C);
001.04 A completed nutrient management plan
  and supporting documentation as specified in Chapter 14;
001.05 A description of the methods that will
  be implemented to ensure the facility is constructed in accordance with the
  applicable design criteria and these regulations. At a minimum, this shall
  include liner design, construction, and testing; pipe size and type of
  material; pipe placement verification; sealing of joints or seams in concrete,
  steel, or flexible membrane liners; placement of splash pads or other
  protective devices; and other items which may be design specific as determined
  by the Department, such as lift stations or manholes;
001.06 A detailed construction quality
  assurance plan for the construction of the livestock waste control facility for
  any large concentrated animal feeding operation;
001.07 Supporting geotechnical reports as
  necessary to support design calculations and ground water information, with
  appropriate copies from the source of the information;
001.08 Written evidence that any necessary
  approvals related to the animal feeding operation from the Nebraska Department
  of Natural Resources for any dam structures or for the storage of runoff from
  any non-feedlot contributing drainage area have been obtained; and
001.09 For a large concentrated animal
  feeding operation, a plan describing best management practices to minimize
  odors from the animal feeding operation, the facility, and the disposal of
  livestock waste. At a minimum, the plan should describe the following:
001.09A Considerations given to the location
  of the animal feeding operation, facility and application area;
001.09B Selection of size and type of
  facility to minimize odors, and facilitate management of waste;
001.09C Management procedures to be
  incorporated in operation of the facility; and
001.09D Methods and scheduling procedures to
  minimize odors during application.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 4 - CONSTRUCTION AND OPERATING PERMIT, CONSTRUCTION APPROVAL, MAJOR MODIFICATION APPLICATION: TERMS AND CONDITIONS › Section 130-4-002

Current through June 17, 2024
Each application for a major modification of an operating permit, a
	 construction approval, or a construction and operating permit or an application
	 for a construction and operating permit shall include the following:
002.01 The application fee;
002.02 A completed Form B (see Appendix
  B);
002.03 A completed Applicant
  Disclosure (see Appendix C);
002.04
  A detailed description of the major modification requested. For a major
  modification involving construction, include the appropriate construction
  details listed in Section 001.06 through Section 001.09 above;
002.05 A completed nutrient management plan
  and supporting documentation as specified in Chapter 14, unless such
  information has been previously submitted and is unchanged;
002.06 Five copies of the application in
  addition to the original.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 4 - CONSTRUCTION AND OPERATING PERMIT, CONSTRUCTION APPROVAL, MAJOR MODIFICATION APPLICATION: TERMS AND CONDITIONS › Section 130-4-003

Current through June 17, 2024
An application submitted prior to an initial inspection will be
	 returned to the applicant without review. An application for a construction and
	 operating permit for a large concentrated animal feeding operation or a
	 National Pollutant Discharge Elimination System permit is subject to the
	 requirements of the Engineers and Architects Regulation Act. An application,
	 requiring the proper seal and signature of a Nebraska registered professional
	 engineer, submitted without the proper seal will be returned to the applicant
	 without review.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 4 - CONSTRUCTION AND OPERATING PERMIT, CONSTRUCTION APPROVAL, MAJOR MODIFICATION APPLICATION: TERMS AND CONDITIONS › Section 130-4-004

Current through June 17, 2024
The applicant may request that the Department delay review of an
	 application for construction and operating permit or major modification until
	 an application for an individual NPDES permit is submitted. When such a delay
	 is requested, the application for construction and operating permit or major
	 modification and the application for a NPDES permit will be reviewed
	 simultaneously in accordance with the processes and timelines for review of an
	 individual NPDES permit as provided for in Title 119 (Nebraska Administrative
	 Code) - Rules and Regulations Pertaining to the Issuance of Permits Under the
	 National Pollutant Discharge Elimination System.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 4 - CONSTRUCTION AND OPERATING PERMIT, CONSTRUCTION APPROVAL, MAJOR MODIFICATION APPLICATION: TERMS AND CONDITIONS › Section 130-4-005

Current through June 17, 2024
In the event the Department determines that a NPDES permit is not
	 required or the applicant requests that the review of the application for
	 construction and operating permit or major modification proceed independent of
	 the NPDES permit application, the review will proceed as provided for in the
	 Livestock Waste Management Act.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 4 - CONSTRUCTION AND OPERATING PERMIT, CONSTRUCTION APPROVAL, MAJOR MODIFICATION APPLICATION: TERMS AND CONDITIONS › Section 130-4-006

Current through June 17, 2024
Any person who obtains or has obtained a construction approval or a
	 construction and operating permit shall:
006.01 Comply with any construction or
  compliance schedule established by the Department;
006.02 Submit reports and supporting
  documentation, as required by the Department, to verify compliance with any
  approved plan;
006.03 Certify, and
  ensure that the designer, if applicable, likewise certifies, that the facility
  was constructed pursuant to the application approved by the
  Department;
006.04 Comply with the
  nutrient management plan, as described in Chapter 14 of this Title;
006.05 Submit plans for the design,
  installation and operation of a ground water monitoring system, when required
  by the Department;
006.06 Implement
  ground water monitoring within the timeframe approved by the Department and
  continue monitoring, if required by the Department pursuant to Chapter 13,
  until the Department determines it is no longer necessary;
006.07 Follow any additional terms or
  conditions deemed necessary by the Department to ensure compliance with these
  regulations; and
006.08 If required
  by the permit, complete, individually or through an authorized representative
  or employee, a land application training program approved by the Department
  within 180 days of construction approval or permit coverage unless such
  training was satisfactorily completed in the previous 5 years. Additional
  training is required every 5 years. The approval- or permit-holder is
  responsible for ensuring that the required training is maintained. Records of
  training shall be kept by the approval- or permit-holder.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 4 - CONSTRUCTION AND OPERATING PERMIT, CONSTRUCTION APPROVAL, MAJOR MODIFICATION APPLICATION: TERMS AND CONDITIONS › Section 130-4-007

Current through June 17, 2024
Routine repairs or minor maintenance of facility side-slope erosion may
	 be considered repair work, without requiring a major modification or issuance
	 of a construction and operating permit. Appropriate records shall be
	 maintained. Items that are considered routine or minor include the repair or
	 replacement of piping or erosion protection devices to original specification
	 and repair of berms above the freeboard level in livestock waste control
	 facilities.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 4 - CONSTRUCTION AND OPERATING PERMIT, CONSTRUCTION APPROVAL, MAJOR MODIFICATION APPLICATION: TERMS AND CONDITIONS › Section 130-4-008

Current through June 17, 2024
The Department shall be notified and approval obtained prior to the
	 installation of any new erosion protection measures, such as splash pads or
	 wave protection devices. Any major modification would require a new application
	 and construction approval.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 4 - CONSTRUCTION AND OPERATING PERMIT, CONSTRUCTION APPROVAL, MAJOR MODIFICATION APPLICATION: TERMS AND CONDITIONS › Section 130-4-009

Current through June 17, 2024
The Department shall be notified if sloughing, slope failure, or
	 excessive erosion of a facility occurs, or where other failure has occurred.
	 The owner or permittee may be required to provide an engineering evaluation and
	 any other information the Department determines necessary to ensure that the
	 design and construction is acceptable such that the excessive erosion or other
	 failure is not likely to recur. In the event the existing design or
	 construction is determined to be inadequate, the owner or permittee may be
	 required to submit an application for a major modification.