Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 128 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 14 - PERMIT CONDITIONS › Section 128-14-002 - Standard conditions applicable to all permits

Current through June 17, 2024
002.01 The permittee must comply with all
  conditions and restrictions placed upon the permit, except that the permittee
  need not comply with the conditions of the permit to the extent and for the
  duration such non-compliance is authorized in an Emergency permit as described
  in Chapter 12,
001.04B
. Any permit non-compliance
  constitutes a violation of the State Act and is grounds for enforcement action;
  for permit termination, revocation and reissuance or modification; or for
  denial of a permit renewal.
002.02
  If the permittee wishes to continue an activity regulated by the permit after
  the expiration date of the permit, the permittee must apply for and obtain a
  new permit prior to the expiration date of the permit in effect subject to the
  provisions in Chapter 15,
014.04
.
002.03 It shall not be a defense for a
  permittee in an enforcement action that it would have been necessary to halt or
  reduce the permitted activity in order to maintain compliance with the
  conditions of the permit.
002.04 In
  the event of noncompliance with the permit, the permittee shall take all
  reasonable steps to minimize releases to the environment, and shall carry out
  such measures as are reasonable to prevent significant adverse impacts on human
  health or the environment.
002.05
  The permittee shall at all times properly operate and maintain all facilities
  and systems of treatment and control (and related appurtenances) which are
  installed or used by the permittee to achieve compliance with the conditions of
  the permit. Proper operation and maintenance includes effective performance,
  adequate funding, adequate operator staffing and training, and adequate
  laboratory and process controls, including appropriate quality assurance
  procedures. This provision requires the operation of back- up or auxiliary
  facilities or similar systems only when necessary to achieve compliance with
  the conditions of the permit.
002.06 The permit may be modified, revoked
  and reissued, or terminated for cause. The filing of a request by the permittee
  for a permit modification, revocation and reissuance, or termination, or a
  notification of planned changes or anticipated noncompliance, does not stay any
  permit condition.
002.07 The permit
  does not convey any property rights of any sort, or any exclusive
  privilege.
002.08 The permittee
  shall furnish to the Director, within a reasonable time, any relevant
  information which the Director may request to determine whether cause exists
  for modifying, revoking and reissuing, or terminating the permit, or to
  determine compliance with the permit. The permittee shall also furnish to the
  Director, upon request, copies of records required to be kept by the
  permit.
002.09 The permittee shall
  allow the Director, or an authorized representative, upon the presentation of
  credentials and other documents as may be required by law to:
002.09A Enter at reasonable times upon the
  permittee's premises where a regulated facility or activity is located or
  conducted, or where records must be kept under the conditions of the
  permit;
002.09B Have access to and
  copy, at reasonable times, any records that must be kept under the conditions
  of the permit;
002.09C Inspect at
  reasonable times any facilities, equipment (including monitoring and control
  equipment), practices, or operations regulated or required under the permit;
  and
002.09D Sample or monitor at
  reasonable times, for the purposes of assuring permit compliance any substances
  or parameters at any location.