Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 2 - ANIMAL FEEDING OPERATIONS: REQUIREMENTS AND PROHIBITIONS › Section 130-2-008

Current through June 17, 2024
Any person who owns or operates an animal feeding operation shall
	 not:
008.01 Provide or present false
  or misleading information to the Department or omit relevant facts when
  submitting reports or applications to the Department;
008.02 Allow livestock at an animal feeding
  operation to come into direct contact with waters of the State, apply livestock
  waste on or into waters of the State, or to otherwise allow or cause a
  discharge;
008.03 Apply manure,
  litter, or process wastewater to land in a manner that results in a discharge
  to waters of the State or that is not in accordance with nutrient management
  practices that ensure appropriate agricultural utilization of the nutrients in
  the manure, litter, or process wastewater;
008.04 Stockpile livestock waste in a
  drainage way or other location where it is likely to impact waters of the
  State;
008.05 Deny the Department
  access to an animal feeding operation for inspection purposes or deny access to
  any records required under the regulations, at any reasonable time;
008.06 Construct an animal feeding operation
  or any portion thereof prior to an inspection by the Department, unless
  exempted from inspection by the Nebraska Environmental Protection Act,
  Livestock Waste Management Act, or these regulations;
008.07 Construct a livestock waste control
  facility without a construction and operating permit, or construction approval
  or not in compliance with a construction and operating permit or construction
  approval issued by the Department, unless exempted from the requirements for a
  construction and operating permit by the Nebraska Environmental Protection Act,
  Livestock Waste Management Act, or these regulations. The use of a borrow site
  for construction of other components of the animal feeding operation does not
  constitute construction of the livestock waste control facility;
008.08 Operate an animal feeding operation
  prior to construction of an approved livestock waste control facility, unless
  exempted from the requirements for a construction and operating permit by the
  Nebraska Environmental Protection Act, Livestock Waste Management Act, or these
  regulations;
008.09 Operate an
  animal feeding operation without a construction approval, operating permit,
  construction and operating permit or a NPDES permit as required in Chapter 5 of
  these regulations, unless exempted from permitting under these
  regulations.
008.10 Discharge
  animal excreta, feed, bedding, spillage, or overflow from water systems, wash
  and flushing waters, sprinkling water from livestock cooling, precipitation
  polluted by falling on or flowing onto an animal feeding operation, or other
  materials polluted by livestock waste in violation of or without first
  obtaining a NPDES permit, a construction and operating permit, construction
  approval, or exemption from the Department, if required by the Nebraska
  Environmental Protection Act, Livestock Waste Management Act, or these
  regulations;
008.11 Place or allow
  dead animals or animal parts in a livestock waste control facility. Dead
  animals or animal parts shall not be land applied with livestock waste except
  when properly composted or when dead animals have been processed by an approved
  means of mortality disposal;
008.12
  Dispose of chemicals in a livestock waste control facility; or
008.13 Violate the terms of an operating
  permit, construction approval, construction and operating permit or NPDES
  permit or any provision of the Livestock Waste Management Act and
  regulations.