reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 3 - PROHIBITION OF UNAUTHORIZED INJECTION AND CONSTRUCTION › Section 122-3-012

Current through June 17, 2024
The injection of fluids that may cause a violation of Title 118 -
Ground Water Quality Standards and Use Classification
is not prohibited provided:
012.01 The
  Department has approved the contaminant levels being injected prior to
  injection,
012.02 The contaminant
  levels are not classified as a hazardous waste,
012.03 The injection activities are
  associated with a clean-up approved by the Department,
012.04 An individual permit is obtained from
  the Department prior to injection,
012.05 The permittee must demonstrate
  hydraulic control at the site, and
012.06 The injection does not adversely
  affect the health and safety of persons.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 4 - PROHIBITION OF MOVEMENT OF FLUIDS INTO UNDERGROUND SOURCES OF DRINKING WATER › Section 122-4-001

Current through June 17, 2024
No owner or operator shall construct, operate, maintain, convert, plug
	 or abandon, any injection well or mineral production well or conduct any other
	 injection activity in a manner that allows the movement of fluid containing any
	 contaminant into underground sources of drinking water, if the presence of that
	 contaminant may cause a violation of any primary drinking water regulation or
	 Nebraska Title 118 -
Ground Water Quality Standards and Use
	 Classification
except as authorized by this Title, or may
	 otherwise adversely affect the health and safety of persons. The owner,
	 operator, or applicant for an authorization or permit shall have the burden of
	 showing that the requirements of this section are met.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 4 - PROHIBITION OF MOVEMENT OF FLUIDS INTO UNDERGROUND SOURCES OF DRINKING WATER › Section 122-4-002

Current through June 17, 2024
For Class I and III injection wells and mineral production wells, if
	 any water quality monitoring of an underground source of drinking water
	 indicates the movement of any contaminant into the underground source of
	 drinking water, except as authorized under this title, the Director shall
	 prescribe such additional requirements for construction, corrective action,
	 operation, monitoring, or reporting (including closure of the injection well
	 and/or mineral production well) as are necessary to prevent such movement. In
	 the case of wells authorized by individual permit, these additional
	 requirements shall be imposed by modifying the permit in accordance with
	 Chapter 30 of this Title, or the permit may be terminated under Chapter 31 of
	 this Title if cause exists, or appropriate enforcement action may be taken if
	 the permit has been violated.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 4 - PROHIBITION OF MOVEMENT OF FLUIDS INTO UNDERGROUND SOURCES OF DRINKING WATER › Section 122-4-003

Current through June 17, 2024
For Class V wells, if at any time the Director learns that a Class V
	 well may cause a violation of primary drinking water regulations or Nebraska
	 Title 118 -
Ground Water Standards and Use
	 Classification
, the Director may:
003.01 Require the owner or operator to
  obtain an individual permit;
003.02
  Order the owner or operator to take such actions (including, where required,
  closure of the injection well) as may be necessary to prevent the violation;
  or
003.03 Take enforcement
  action.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 4 - PROHIBITION OF MOVEMENT OF FLUIDS INTO UNDERGROUND SOURCES OF DRINKING WATER › Section 122-4-004

Current through June 17, 2024
Whenever the Director learns that a Class V well may be otherwise
	 adversely affecting the health and safety of persons, he or she may prescribe
	 such actions as may be necessary to prevent the adverse effect, including any
	 action authorized under
003
of this
	 Chapter.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 4 - PROHIBITION OF MOVEMENT OF FLUIDS INTO UNDERGROUND SOURCES OF DRINKING WATER › Section 122-4-005

Current through June 17, 2024
Notwithstanding any other provision of this section, the Director will
	 take emergency action upon receipt of information that a contaminant which is
	 present in or is likely to enter an underground source of drinking water may
	 present an imminent and substantial endangerment to the utility of the
	 underground source of drinking water.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 5 - IDENTIFICATION OF UNDERGROUND SOURCES OF DRINKING WATER AND EXEMPTED AQUIFERS › Section 122-5-001

Current through June 17, 2024
The Director may identify (by narrative description, illustrations,
	 maps, or other means) and shall protect, as underground sources of drinking
	 water, all aquifers or parts of aquifers which meet the definition of an
	 underground source of drinking water. Even if an aquifer has not been
	 specifically identified by the Director, it is an underground source of
	 drinking water if it meets the definition.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 5 - IDENTIFICATION OF UNDERGROUND SOURCES OF DRINKING WATER AND EXEMPTED AQUIFERS › Section 122-5-002

Current through June 17, 2024
Upon petition by a permit applicant and after public notice and
	 opportunity for a public hearing, the Director may designate an aquifer or a
	 portion thereof as an exempted aquifer.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 5 - IDENTIFICATION OF UNDERGROUND SOURCES OF DRINKING WATER AND EXEMPTED AQUIFERS › Section 122-5-003

Current through June 17, 2024
The petitioner must identify (by narrative description, illustrations,
	 maps or other means) and describe, in geographic and/or geometric terms (such
	 as vertical and lateral limits and gradient) which are clear and definite, an
	 aquifer or parts thereof which he or she proposes the Director designate an
	 exempted aquifer and effects of exemption of the aquifer from Nebraska Title
	 118 -
Ground Water Standards and Use Classification
.
	 Petition can be made only after the permit application has been submitted and
	 the information required in Chapter 11 of this Title is
	 completed.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 5 - IDENTIFICATION OF UNDERGROUND SOURCES OF DRINKING WATER AND EXEMPTED AQUIFERS › Section 122-5-004

Current through June 17, 2024
An aquifer or a portion of an aquifer which meets the criteria for an
	 underground source of drinking water may be designated as an exempted aquifer
	 if the following criteria are met:
004.01 It does not currently serve as a
  source of drinking water; and
004.02 It cannot now and will not in the
  future serve as a source of drinking water because:
004.02A It is mineral, hydrocarbon or
  geothermal energy bearing with production capability;
004.02B It is situated at a depth or location
  which makes recovery of water for drinking water purposes economically or
  technologically impractical;
004.02C It is so contaminated that it would
  be economically or technologically impractical to render that water fit for
  human consumption; or
004.02D It is
  located above a Class III well mining area subject to subsidence or
  catastrophic collapse.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 5 - IDENTIFICATION OF UNDERGROUND SOURCES OF DRINKING WATER AND EXEMPTED AQUIFERS › Section 122-5-005

Current through June 17, 2024
The Department will require an individual permit for injection into an
	 exempted aquifer in order to protect underground sources of drinking water
	 outside the exempted aquifer which may be subject to pollution caused by the
	 injection.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 5 - IDENTIFICATION OF UNDERGROUND SOURCES OF DRINKING WATER AND EXEMPTED AQUIFERS › Section 122-5-006

Current through June 17, 2024
After public notice and opportunity for public hearing, the
	 designation of an exempted aquifer may be removed by the Director thereby
	 eliminating the exempt status, provided required restoration has been
	 accomplished.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 6 - AUTHORIZATION OF CLASS V INJECTION WELLS › Section 122-6-002

Current through June 17, 2024
Any person who plans to construct or operate a Class V shall complete,
	 sign, and submit to the Department an application for each well as required in
	 accordance to Chapter 10 of this Title.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 6 - AUTHORIZATION OF CLASS V INJECTION WELLS › Section 122-6-006

Current through June 17, 2024
The person authorized shall retain all records concerning the nature
	 and composition of the injected fluids until five years after completion of any
	 plugging and abandonment procedures governed by the criteria of Chapter 35 of
	 this Title.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 6 - AUTHORIZATION OF CLASS V INJECTION WELLS › Section 122-6-007

Current through June 17, 2024
The person authorized shall report any noncompliance which may
	 endanger the health and safety of persons or cause pollution of the
	 environment. Any information shall be provided orally within twenty-four (24)
	 hours from the time the permittee becomes aware of the circumstances. A written
	 submission shall also be provided within five (5) days of the time the
	 permittee becomes aware of the circumstances. The written submission shall
	 contain:
007.01 A description of the
  noncompliance and its cause;
007.02
  The period of noncompliance, including the exact date of noncompliance and the
  date it was corrected;
007.03 If
  the noncompliance has not been corrected, the anticipated time needed to
  correct the noncompliance;
007.04
  Steps taken or planned to reduce, eliminate, and prevent reoccurrence of the
  noncompliance;
007.05 Any
  monitoring or other information which indicates that any contaminant may cause
  an endangerment to a USDW; and
007.06 Any malfunction of the injection
  system which may cause fluid migration into or between USDWs or to the
  surface.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 6 - AUTHORIZATION OF CLASS V INJECTION WELLS › Section 122-6-010

Current through June 17, 2024
The Director may require the owner or operator of any Class V
	 injection well to submit additional information as outlined in Chapter 11 of
	 this Title for the purpose of applying for and obtaining an individual or area
	 UIC permit as outlined in Chapter 16 of this Title for one of the following
	 reasons:
010.01 The injection well is
  not in compliance with one or more requirements outlined in this
  Chapter.
010.02 The injection well
  is not within the category of well and types of well operations authorized by
  this Chapter;
010.03 The protection
  of USDWs requires that the injection operation be regulated by requirements,
  such as corrective action, monitoring and reporting, or operation, as outlined
  in Chapters 19, 20, 21, and 34 of this Title; or
010.04 The injection well may cause a
  violation of primary drinking water standards or Nebraska Title 118 -
Ground Water Quality Standards and Use
  Classification
.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 6 - AUTHORIZATION OF CLASS V INJECTION WELLS › Section 122-6-011

Current through June 17, 2024
Any owner or operator may be excluded from the provisions of this
	 Chapter by applying for an individual or area UIC permit. The owner or operator
	 shall submit an application under Chapter 11 of this Title with reasons
	 supporting the request, to the Director.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 6 - AUTHORIZATION OF CLASS V INJECTION WELLS › Section 122-6-013

Current through June 17, 2024
Any underground injection operation authorized by this Chapter which
	 endangers the health and safety of persons or causes pollution of the
	 environment is subject to appropriate enforcement action including withdrawal
	 of the authorization by the Director. Withdrawal of the authorization shall
	 constitute a final order and be subject to appeal pursuant to Neb. Rev. Stat.
	 §
									81-1509.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 7 - AUTHORIZATION OF UNDERGROUND INJECTION WELLS AND MINERAL PRODUCTION WELLS BY PERMIT; WHEN REQUIRED › Section 122-7-001

Current through June 17, 2024
No person shall construct or operate any Class I or III injection well
	 in the State, without authorization by a permit from the Department. Owners and
	 operators of Class II wells must secure authorization to inject from the
	 Nebraska Oil and Gas Conservation Commission. Class V wells shall not be
	 constructed or operated without authorization by the Department. The Director
	 may require the owner or operator of a Class V well to obtain a permit for the
	 reasons outlined in Chapter 6 of this Title.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 7 - AUTHORIZATION OF UNDERGROUND INJECTION WELLS AND MINERAL PRODUCTION WELLS BY PERMIT; WHEN REQUIRED › Section 122-7-002

Current through June 17, 2024
No person shall construct or operate any mineral production well in
	 this State, without authorization by a permit from the
	 Department.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 7 - AUTHORIZATION OF UNDERGROUND INJECTION WELLS AND MINERAL PRODUCTION WELLS BY PERMIT; WHEN REQUIRED › Section 122-7-003

Current through June 17, 2024
Any person not authorized or permitted to construct or operate any
	 injection well or mineral production well shall be subject to penalty
	 provisions of §
									81-1508
	 of the Nebraska Environmental Protection Act and shall conduct restoration as
	 required by the Director.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 7 - AUTHORIZATION OF UNDERGROUND INJECTION WELLS AND MINERAL PRODUCTION WELLS BY PERMIT; WHEN REQUIRED › Section 122-7-004

Current through June 17, 2024
Any person who requires a permit for construction or operation of an
	 injection well or mineral production well shall complete, sign, and submit to
	 the Director an application as required in accordance with Chapter 11 of this
	 Title.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 7 - AUTHORIZATION OF UNDERGROUND INJECTION WELLS AND MINERAL PRODUCTION WELLS BY PERMIT; WHEN REQUIRED › Section 122-7-005

Current through June 17, 2024
The Director shall not begin the processing of a permit until the
	 applicant has fully complied with the application requirements for that permit.
	 Permit applications must comply with the signature and certification
	 requirements in accordance with Chapter 15 of this Title.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 7 - AUTHORIZATION OF UNDERGROUND INJECTION WELLS AND MINERAL PRODUCTION WELLS BY PERMIT; WHEN REQUIRED › Section 122-7-006

Current through June 17, 2024
A permit may be issued by the Department in technical consultation
	 with the Conservation and Survey Division, University of Nebraska, and the
	 Nebraska Oil and Gas Conservation Commission. Permit conditions shall be
	 designed to carry out the purposes of the Nebraska Environmental Protection
	 Act, Chapter 81, Article 15, Reissue Revised Statutes of Nebraska, 1943, as
	 amended, Title 117 -
Nebraska Surface Water Quality
	 Standards
and Title 118 -
Ground Water Quality
	 Standards and Use Classification
adopted thereunder. Such permit
	 shall be issued with proper public notice (Chapter 32 of this Title) and, if
	 necessary, pursuant to a public hearing (Chapter 33 of this
	 Title).
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 8 - AREA PERMITS › Section 122-8-001

Current through June 17, 2024
The Director may issue an area permit on an area basis rather than for
	 each well individually, provided that the area permit is for injection wells
	 and/or mineral production wells:
001.01 Described and identified by location
  in permit application(s), if they are existing wells;
001.02 Within the same well field, facility
  site, reservoir, project, or similar unit in the same State;
001.03 Of similar construction;
001.04 Of the same class as determined under
  Chapter 2 of this Title; and
001.05
  Operated by a single owner or operator.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 8 - AREA PERMITS › Section 122-8-002

Current through June 17, 2024
Area permits shall specify:
002.01 The area within which underground
  injections are authorized;
002.02
  The requirements for construction, monitoring, reporting, operation, and
  abandonment, for all wells authorized by the area permit; and
002.03 The requirements for aquifer
  restoration.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 8 - AREA PERMITS › Section 122-8-003

Current through June 17, 2024
The area permit may authorize the permittee to construct and operate
	 new injection wells and/or mineral production wells within the permit area
	 provided:
003.01 The permittee
  notifies the Director no later than the date on which monitoring reports are
  required to be submitted under Chapter 20 of this Title, pursuant to a
  procedure which shall be specified in the area permit, when and where the new
  well will be drilled;
003.02 Plans
  and specifications are submitted with notification and approved by the
  Department;
003.03 The additional
  well satisfies the criteria in section
001
of this
  Chapter and meets the requirements specified in the area permit under section
002
of this Chapter; and
003.04 The cumulative effects of drilling and
  operation of additional injection wells and/or mineral production wells are
  considered by the Director during evaluation of the area permit application and
  are acceptable to the Director.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 8 - AREA PERMITS › Section 122-8-004

Current through June 17, 2024
If the Director determines that any well constructed pursuant to
	 section
003
of this Chapter does not satisfy all of
	 the requirements of sections
003.01
,
003.02
and
003.03
of this
	 Chapter the Director may modify the area permit under Chapter 30 of this Title,
	 terminate the area permit under Chapter 31 of this Title, or take enforcement
	 action. If the Director determines that cumulative effects are unacceptable,
	 the area permit may be modified under Chapter 30 of this
	 Title.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 9 - EMERGENCY PERMITS › Section 122-9-001

Current through June 17, 2024
Notwithstanding any other provision of these regulations, the Director
	 may temporarily permit a specific underground injection which has not otherwise
	 been authorized or permitted if an imminent and substantial endangerment to the
	 health and safety of persons will result unless an emergency permit is
	 granted.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 10 - CLASS V INJECTION WELL AUTHORIZATION APPLICATION; INFORMATION REQUIREMENTS › Section 122-10-001

Current through June 17, 2024
Any person who proposes or operates a Class V underground injection
	 well, which meets the requirements in Chapter 6 of this Title, shall submit an
	 application to the Director. For new injection wells, the application shall be
	 filed at least 180 days before the construction is planned to begin, including
	 plans for testing, drilling and construction.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 10 - CLASS V INJECTION WELL AUTHORIZATION APPLICATION; INFORMATION REQUIREMENTS › Section 122-10-004

Current through June 17, 2024
An application for authorization is complete when the Director
	 receives the application and any supplemental information, which are completed
	 to the Director's satisfaction. The completeness of any application for
	 authorization shall be judged independently of the status of any other
	 authorization application or authorization for the same facility or
	 activity.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 10 - CLASS V INJECTION WELL AUTHORIZATION APPLICATION; INFORMATION REQUIREMENTS › Section 122-10-005

Current through June 17, 2024
No construction may commence until an authorization has been issued
	 that approves the design, siting and construction of the Class V well as
	 outlined in Chapter 17 of this Title.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 10 - CLASS V INJECTION WELL AUTHORIZATION APPLICATION; INFORMATION REQUIREMENTS › Section 122-10-006

Current through June 17, 2024
Applicants shall provide at a minimum the following information to the
	 Department:
006.01 The specific type
  of Class V well as defined in Chapter 2 of this Title;
006.02 The operator's name(s), address(es),
  telephone number(s), ownership status, and status as Federal, State, private,
  or other entity;
006.03 The owner's
  name(s), address(es), telephone number(s), ownership status, and status as
  Federal, State, private, or other entity;
006.04 The county and legal location of the
  well;
006.05 A detailed description
  of the fluid that will be injected including laboratory data if
  available;
006.06 The volume of
  fluid to be injected in a specific period of time (i.e. gallons/day);
006.07 A description of the nature of the
  business or activity that generates the waste;
006.08 The status of the well (i.e. planned,
  under construction, in use, abandoned);
006.09 A scaled map of the entire property on
  which the injection is proposed including:
006.09A The injection well(s) being
  authorized,
006.09B Any other
  injection well(s) located on the property, including but not limited to septic
  systems and heat pump return flow wells,
006.09C All major structural features on the
  property including but not limited to buildings, houses, streets, roads,
  underground sewer and water lines, property lines,
006.09D All water wells located on the
  property including but not limited to private drinking water wells, irrigation
  wells and fire wells,
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 10 - CLASS V INJECTION WELL AUTHORIZATION APPLICATION; INFORMATION REQUIREMENTS › Section 122-10-007

Current through June 17, 2024
The owner may be required to submit additional data in order to
	 evaluate the application. An applicant may furnish, upon his/her own initiative
	 or when requested by the Department, an opinion of independent experts,
	 satisfactory to the Department in respect to the accuracy and completeness of
	 any information or data furnished by the applicant and on any aspect of the
	 applicant's injection system or the contemplated operation or effects
	 thereof
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 11 - PERMIT APPLICATION; INFORMATION REQUIREMENTS › Section 122-11-001

Current through June 17, 2024
Any person who proposes or operates an underground injection well for
	 which a permit is or will be required shall submit an application to the
	 Director. For new injection wells, the application shall be filed at least 180
	 days before construction is planned to begin, including plans for testing,
	 drilling and construction.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 11 - PERMIT APPLICATION; INFORMATION REQUIREMENTS › Section 122-11-004

Current through June 17, 2024
An application for a permit is complete when the Director receives the
	 application, appropriate fees, and any supplemental information which are
	 completed to the Director's satisfaction. The completeness of any application
	 for a permit shall be judged independently of the status of any other permit
	 application or permit for the same facility or activity.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 12 - FEES › Section 122-12-001 - Permit Processing and Issuance Fees

Current through June 17, 2024
001.01 A fee shall be assessed to the permit
  applicants to, issue, modify or reissue permits. A permit shall not be issued
  to any applicant until the fees, assessed by the Department, have been paid.
001.01A The fees will be used for the direct
  costs associated with permit evaluation, processing, and monitoring, including
  application review, meetings and correspondence with the permit applicant,
  permit research and drafting time, necessary travel, technical and
  administrative review of the drafted permit, clerical preparation of the permit
  and related tasks, advertising costs for public notice, review of public
  comments on the draft permit, hearing costs, if applicable, permit processing
  fee billing, and final permit issuance.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 12 - FEES › Section 122-12-002 - Permit Administration Fees

Current through June 17, 2024
002.01 A permit administration fee may be
  assessed to permittees based upon direct and indirect costs.
002.02 In determining the fees, the
  Department shall calculate the cost of monitoring the permitted facility,
  inspections of the facility or other site visits, reviewing the compliance of
  facilities with the associated permit conditions, general legal costs incurred
  by the Department, permit modification or other tasks related to administering
  the permit program.
002.03 The
  Department shall maintain itemized records of staff time and costs incurred in
  the administration of a permit.
002.04 Permittees shall be billed quarterly
All fees shall be made payable to the State of Nebraska and shall be
	 paid within thirty days of receipt of the Department's billing statement. Fees
	 not received on the due date shall be subject to a late charge of $ 25.00 and
	 an additional ten percent per month. All fees shall be collected by the
	 Department. Failure of a permittee to pay the fee by the end of the fiscal year
	 (June 30) is a violation of the permit and may result in the revocation of such
	 permit.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 13 - FINANCIAL RESPONSIBILITY › Section 122-13-001 - General Requirements

Current through June 17, 2024
001.01 Each application for a permit or a
  renewal shall be accompanied by a written estimate of the costs to undertake
  environmental protection measures necessary to prevent contamination of ground
  water having 10,000 mg/l or less TDS during and after the cessation of
  operations. These measures shall include, but are not limited to:
001.01A The proper closing, plugging, and
  abandonment of a well(s);
001.01B
  The proper disassembly, decontamination, and restoration of the aquifer
  site;
001.01C The probable
  difficulty of completing the requirements of
001.01A
and
001.01B
above, due to such factors as topography,
  geology of the site, and hydrology;
001.01D Any post-operational monitoring as
  may be required by the Environmental Protection Act, the regulations of this
  title, and/or the permit; and
001.01E Additional estimated costs to the
  State which may arise from applicable public contracting requirements or the
  need to bring personnel and equipment to the permit area to complete the
  restoration after its abandonment by the permittee.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 13 - FINANCIAL RESPONSIBILITY › Section 122-13-002 - Methods of Providing Financial Responsibility

Current through June 17, 2024
002.01 The applicant shall choose among the
  following options in establishing financial responsibility:
002.01A An Environmental Protection Trust. An
  owner or operator may satisfy the requirements of this Chapter by establishing
  an Environmental Protection Trust. This standby trust shall be sufficient to
  compensate for all the environmental protection costs as specified in section
001
of this Chapter. An Environmental Protection Trust
  must fulfill the requirements in Section
004
of this
  Chapter;
002.01B A surety bond
  guaranteeing payment into an Environmental Protection Trust. This bond must be
  worded as in Appendix II of this Title and would work in tandem with the
  stand-by Trust provided for in Section
002.01A
of this
  Chapter. A surety bond must comply with the requirements in Section
005
of this Chapter;
002.01C A collateral bond, in which case the
  applicant shall deposit, with a bank acceptable to the Department, cash,
  negotiable bonds issued by the United States or the State; or negotiable
  certificates of deposit; or deliver to the Department an irrevocable letter of
  credit of any banks or other savings institution organized or transacting
  business in the United States. The bank shall receive and hold any collateral
  bond in the name of the State, in trust, for the purposes for which the deposit
  is posted. The applicant shall pay all costs of the trust, and shall be paid
  all interest accruing to the account of the trust. A collateral bond must
  fulfill the requirements in Section
006
of this
  Chapter;
002.01D An established
  escrow account;
002.01E A bond of
  the applicant without separate surety upon a satisfactory demonstration to the
  Director that such applicant has the financial means sufficient to self-bond
  pursuant to bonding requirements specified in Section
009
of this Chapter; or
002.01F Any combination of the
  above.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 13 - FINANCIAL RESPONSIBILITY › Section 122-13-003 - Replacement of Financial Assurance

Current through June 17, 2024
003.01 The Director may allow the owner or
  operator to replace approved financial assurance with another type of financial
  assurance described in
002
above, if the liability
  which has accrued against the owner or operator on the permit, is transferred
  to such replacement.
003.02 The
  Director shall not release existing financial assurance until the owner or
  operator has submitted and the Director has approved an acceptable
  replacement.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 13 - FINANCIAL RESPONSIBILITY › Section 122-13-004 - The Environmental Protection Trust

Current through June 17, 2024
004.01 An owner or operator of a underground
  injection well, except for Class II and V, may submit an originally signed
  trust agreement to the Director with the permit application. The trustee shall
  be an entity which has the authority to act as a trustee and whose trust
  operations are regulated and examined by a Federal or State agency.
004.02 The wording of the trust agreement
  shall be identical to the wording specified in Appendix I and accompanied by a
  formal certification of acknowledgment as illustrated in said Appendix.
  Schedule A of the trust agreement shall be updated within 60 days of a change
  in the amount of the environmental protection measures cost (EPMC), covered by
  the agreement.
004.03 Payments into
  the trust fund shall be made annually by the owner or operator over the term of
  the initial permit or over the remaining life of the mineral injection well(s)
  as stated in the Environmental Protection Measures Costs (EPMC) estimate (See
  Section
001.01
of this Chapter), whichever period is
  shorter. This period is hereafter referred to as the "pay-in period". The
  payments into the Environmental Protection Trust Fund shall be made as follows:
004.03A For a new well(s), the first payment
  shall be made before the initial injection into the well(s). A receipt from the
  trustee for this payment shall be submitted by the owner or operator to the
  Director before the first injections are made. The first payment shall be at
  least equal to the estimate of EPMC, divided by the number of years in the
  pay-in period. Subsequent payments shall be made no later than 30 days after
  each anniversary date of the first payment. The amount of each subsequent
  payment shall be determined by this formula:
Next Payment = EPM - CV/Y
where EPM is the current EPMC estimate, CV is the current value of the
	 trust fund and Y is the number of years remaining in the pay-in
	 period.
004.03B If an owner
  or operator establishes a trust fund as specified in Section
004.01
of this Chapter, and the value of that trust
  fund is less than the current EPMC estimate when a permit is awarded for the
  injection well(s), the amount of the cost estimate still to be paid into the
  trust fund shall be paid in over the pay-in period, as defined in Section
004.03A
above.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 13 - FINANCIAL RESPONSIBILITY › Section 122-13-005 - Surety Bond Guaranteeing Payment Into An Environmental Protection Trust Fund

Current through June 17, 2024
005.01 An owner or operator shall satisfy the
  requirements of this section by obtaining a surety bond which conforms to the
  requirements of this section and submitting the bond to the Director with the
  application for a permit or for approval to operate under rule. The bond must
  be effective prior to injection. The surety company shall, at a minimum, be
  among those listed as acceptable sureties on Federal bonds in Circular 570 of
  the U.S. Department of the Treasury.
005.02 The wording of the surety bond shall
  be identical to the wording in Appendix II.
005.03 The owner or operator who uses a
  surety bond to satisfy the requirements of this section shall also establish a
  standby Environmental Protection Trust fund. Under the terms of the bond, all
  payments made thereunder will be deposited by the surety directly into the
  standby trust fund in accordance with instructions from the Director. This
  standby trust fund shall meet the requirements specified in Section
004
of this Chapter, except that:
005.03A An originally signed duplicate of the
  trust agreement shall be submitted to the Director with the surety bond;
  and
005.03B Until the standby trust
  fund is funded pursuant to the requirements of this section, the following are
  not required:
005.03B1 Payments into the trust
  as specified in Section
004.03
of this
  Chapter;
005.03B2 Updating of
  Schedule A of the Trust Agreement to show current EPMC estimates;
005.03B3 Annual valuations as required by the
  trust agreement; and
005.03B4
  Notices of nonpayment as required by the trust agreement.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 13 - FINANCIAL RESPONSIBILITY › Section 122-13-006 - Collateral bonds, except for letters of credit, shall be subject to the following conditions

Current through June 17, 2024
006.01 The Director shall value collateral at
  its current market value, not face value.
006.02 The Director shall only accept
  certificates of deposit which are automatically renewable.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 13 - FINANCIAL RESPONSIBILITY › Section 122-13-007 - Irrevocable standby letters of credit shall be subject to the following conditions

Current through June 17, 2024
007.01 The letter shall be payable to the
  State of Nebraska in part or in full upon demand and receipt from the Director
  of a notice of forfeiture pursuant to section
011
of
  this Chapter.
007.02 The letter
  shall contain terms which authorize the Director to draw upon the letter, in
  full, to obtain cash collateral in the event the owner or operator has failed
  to furnish replacement financial assurance at least 30 days prior to the
  expiration of the letter, and shall be worded as specified in Appendix
  III.
007.03 The total amount of
  letters of credit that will be accepted from any bank for any owner or
  operator, on all permits held by the owner or operator, shall not exceed the
  bank's maximum legal lending limit as required by the Nebraska Department of
  Banking or Federal banking regulatory agency.
007.04 The bank shall give prompt notice to
  the owner or operator and the Director of any notice received or action filed
  alleging the insolvency or bankruptcy of the bank, or alleging any violations
  of regulatory requirements which could result in suspension or revocation of
  the bank's charter or license to do business;
007.05 In the event the bank becomes unable
  to fulfill its obligations under the letter of credit for any reason, notice
  shall be given immediately to the owner or operator and the Director.
007.06 Upon the incapacity of a bank by
  reason of bankruptcy, insolvency, or suspension or revocation of its charter or
  license, the owner or operator shall obtain a replacement financial assurance
  within 45 days. Failure of the owner or operator to obtain replacement
  financial assurance shall result in revocation of its permit.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 13 - FINANCIAL RESPONSIBILITY › Section 122-13-008 - Established escrow accounts shall be subject to the following conditions

Current through June 17, 2024
008.01 The escrow account shall be drawn
  solely in favor of the State of Nebraska with a bank or lending company
  chartered by or licensed to operate in the State of Nebraska as escrow agent
  and in an amount to reimburse the State of Nebraska in the event of
  abandonment, default, or other inability of the owner or operator to meet the
  conditions imposed in Section
001.01
of this
  Chapter.
008.02 The escrow account
  shall be drawn containing terms which authorize the Director to draw upon the
  account partially or in full, to obtain cash collateral for the purposes of
  Section
007.01
of this Chapter.
008.03 The total amount of the escrow account
  shall remain intact and free of any other encumbrance by the owner or operator
  or the escrow agent holding the same for the benefit of the State of
  Nebraska.
008.04 Upon the
  incapacity of the escrow agent by reason of bankruptcy, insolvency or
  suspension or revocation of its charter or license, the owner or operator shall
  obtain replacement financial assurance within 45 days. Failure of the owner or
  operator to obtain replacement financial assurance shall result in revocation
  of its permit.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 13 - FINANCIAL RESPONSIBILITY › Section 122-13-009 - Owner or operator's bond without separate surety shall be subject to the following conditions

Current through June 17, 2024
009.01 The owner or operator may satisfy the
  requirements of this section by demonstrating that it passes the financial test
  as specified in this paragraph. To pass this test the permittee shall meet the
  criteria of either
009.01A
or
009.01B
of this Section:
009.01A The owner or operator shall have:
009.01A1 Two of the following three ratios: a
  ratio of total liabilities to net worth less than 2.0; a ratio of the sum of
  net income plus depreciation, depletion, and amortization to total liabilities
  greater than 0.1; and a ratio of current assets to current liabilities greater
  than 1.5;
009.01A2 Net working
  capital and tangible net worth each at least six times the sum of the current
  EPMC estimate;
009.01A3 Tangible
  net worth of at least $10 million; and
009.01A4 Assets in the United States
  amounting to at least 90 percent of its total assets or at least six times the
  sum of the current EPMC estimate.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 13 - FINANCIAL RESPONSIBILITY › Section 122-13-010 - Release of Financial Assurance

Current through June 17, 2024
The owner or operator may file a request with the Director for the
	 release of all or part of its financial assurance. Following public notice, the
	 Director shall release its financial assurance, in whole or in part, when he or
	 she is satisfied any restoration covered by the financial assurance or portion
	 thereof has been accomplished as required by these
	 regulations.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 13 - FINANCIAL RESPONSIBILITY › Section 122-13-011 - Forfeiture of Financial Assurance

Current through June 17, 2024
011.01 The Director shall declare all or any
  appropriate part of financial assurance for any permit as forfeited if he or
  she determines that:
011.01A The owner or
  operator has violated any of the terms or conditions of its permit and/or
  financial assurance and has failed to take adequate corrective action;
  or
011.01B The owner or operator
  has failed to conduct its operations in accordance with the Nebraska
  Environmental Protection Act, these regulations and the permit within the time
  required, and that it is necessary, in order to fulfill the requirements of the
  permit and any restoration, plugging or abandonment, to have someone other than
  the owner or operator correct or complete such work.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 14 - ZONE OF ENDANGERING INFLUENCE AND AREA OF REVIEW › Section 122-14-001

Current through June 17, 2024
The zone of endangering influence for each injection well or each
	 field, project or area of the State shall be determined according to either
	 Section
001.01
or
001.02
of
	 this Chapter. The zone of endangering influence shall be that area the radius
	 of which is the lateral distance from an injection well, field or project in
	 which the pressures in the injection zone may cause the migration of the
	 injection and/or formation fluid into an underground source of drinking water
	 or into an improperly constructed, plugged or abandoned well or test
	 hole.
001.01 The radius of the zone
  should be calculated by using a mathematical model (e.g., modified The is
  equation) and should be calculated for an injection time period at least equal
  to the expected life of the injection well or field. The owner or operator must
  demonstrate to the Director that the mathematical model used and the calculated
  zone of endangering influence are appropriate for the known hydrologic
  properties of the underlying formations.
001.02 A fixed radius around the well, or the
  perimeter of the field or project of not less than one-fourth mile may be used.
  In determining the fixed radius, the following factors shall be taken into
  consideration: Chemistry of injected and formation fluids; hydrogeology;
  population and ground water use and dependence; and historical practices in the
  area.
001.03 If the zone of
  endangering influence is determined by a mathematical model pursuant to Section
001.01
of this Chapter, the permissible radius is the
  result of such calculation even if it is less than one-fourth mile.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 14 - ZONE OF ENDANGERING INFLUENCE AND AREA OF REVIEW › Section 122-14-002

Current through June 17, 2024
The area of review for each injection well or each field, project or
	 area of the State shall include the zone of endangering influence and that area
	 at least two miles in radius extending beyond the zone of endangering
	 influence.
002.01 For Class V wells
  authorized in Chapter 6 of this Title, the area of review for each injection
  well or each field shall be a radius of at least one half (1/2) mile from the
  point of injection.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 15 - SIGNATORIES; PERMIT APPLICATIONS AND REPORTS › Section 122-15-001

Current through June 17, 2024
All permit applications shall be signed as follows:
001.01 For a corporation: by a principal
  executive officer of at least the level of vice-president;
001.02 For a partnership or sole
  proprietorship: by a general partner or the proprietor, respectively;
  or
001.03 For a municipality,
  state, federal, or other public agency: by either a principal executive officer
  or ranking elected official.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 15 - SIGNATORIES; PERMIT APPLICATIONS AND REPORTS › Section 122-15-002

Current through June 17, 2024
All reports required by permits and other information requested by the
	 Director, shall be signed by a person described in Section
001
of this Chapter, or by a duly authorized
	 representative of that person. A person is a duly authorized representative
	 only if:
002.01 The authorization is
  made in writing by a person described in Section
001
of this Chapter;
002.02 The
  authorization specifies either an individual or a position having
  responsibility for the overall operation of the regulated facility or activity,
  such as the position of plant manager, operator of a well or a well field,
  superintendent, or position of equivalent responsibility (A duly authorized
  representative may thus be either a named individual or any individual
  occupying a named position).; and
002.03 The written authorization is submitted
  to the Director.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 122 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 15 - SIGNATORIES; PERMIT APPLICATIONS AND REPORTS › Section 122-15-003

Current through June 17, 2024
If an authorization under Section
002
of this
	 Chapter is no longer accurate because a different individual or position has
	 responsibility for the overall operation of the facility, a new authorization
	 satisfying the requirements of Section
002
of this
	 Chapter must be submitted to the Director prior to or together with any
	 reports, information, or applications to be signed by an authorized
	 representative.