Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 2 - PERMITS: APPLICATION PROCEDURES: HEARINGS REQUIRED › Section 132-2-002 - Exceptions

Current through June 17, 2024
002.01 Activities specified in this section
  shall be exempt from the permit requirements of this chapter, provided the
  wastes used in these activities are not mixed with other solid wastes and do
  not, as a result of handling or disposal, have the potential to cause
  contamination that may threaten human health or the environment. Activities
  exempt from the permit requirements that use sewage sludge in their processes
  shall not violate any requirements of applicable regulations promulgated
  pursuant to Section 405(d) of the Clean Water Act, as amended (
  33 U.S.C.
  1251 et seq).
002.01A The use of fill for the purpose of
  erosion control, erosion repair, channel stabilization, landscaping, roadbed
  preparation or other land improvement;
002.01B The placement of tires in accordance
  with Chapter 14, posts, or ferrous objects for bank or blowout stabilization.
  Any bank stabilization must be done in accordance with Title 117 -
Nebraska Surface Water Quality Standards
and the
  Federal Clean Water Act (
  33 U.S.C.
  1251 et seq);
002.01C The disposal or use of trees and
  brush, or the remaining material resulting from fires set for the purpose of
  destroying trees, brush and untreated wood;
002.01D The deposit of solid waste generated
  by an individual is disposed of on such individual's property if such property
  is outside the corporate limits of a municipality and the Department determines
  that the county has not provided integrated solid waste management facilities
  for its residents;
002.01E The
  deposition of on-farm building demolition waste generated by an individual and
  disposed on location if such location is agricultural in nature;
002.01F Composting of only livestock wastes
  generated at their livestock operation and only when the operation is in
  compliance with Title 130 -
Rules and Regulations Pertaining to
  Livestock Waste Control
;
002.01G Solid waste compost sites which
  receive only yard wastes in quantities less than 20,000 cubic yards as received
  per year;
002.01H Solid waste
  compost sites which receive less than 20,000 cubic yards per year of material
  that consists of yard waste in combination with less than 1000 cubic yards of
  other materials;
002.01I Recycling
  centers or collection sites, as long as the following conditions are met:
002.01I1 Beginning January 1, 2013, and for
  every odd numbered year thereafter, for each category of recyclable material,
  the amount of material resold or transferred offsite during the previous two
  calendar years must equal at least seventy-five percent (75%) by weight of the
  inventory of material present on January 1st of the
  previous odd-numbered year. This calculation must be made for each category of
  recyclable materials collected or processed at the recycling center or
  collection site.
002.01I1(a) Failure to resell
  or transfer offsite seventy-five percent (75%) of each category of recyclable
  material in two (2) calendar years shall be deemed speculative accumulation for
  the purposes of this chapter. A facility that speculatively accumulates
  recyclable materials is not exempt from the permit requirements of this
  chapter.
002.01I1(b) Written
  documentation that verifies seventy-five (75%) of each category of recyclable
  material was resold or transferred offsite within two (2) calendar years must
  be maintained at the recycling center or collection site.
002.01I2 Recyclable materials that are stored
  inside buildings or in other suitable containment capable of preventing
  releases to the environment, are not subject to the requirements of section
  002.01I 1 of this chapter;
002.01J Upon the permission of the director,
  the deposit of building demolition material resulting from the clean up from a
  natural disaster;
002.01K The use
  of source separated material in the manufacturing of other products;
002.01L Salvage operations which store, sort
  and sell metals and machinery suitable for reprocessing;
002.01M Land application of sludge from a
  waste water treatment plant where such activity is done in accordance with
  Title 119 -
Rules and Regulations Pertaining to the Issuance of
  Permits Under the National Pollutant Discharge Elimination
  System
;
002.01N Waste
  tire processing facilities and collection sites; or
002.01O Compaction, autoclaving, temporary
  storage or other solid waste processing activities, unless otherwise required
  to obtain a permit under Chapter 6, Section 001, managed by a solid waste
  generator or association of generators, as long as the Director has not
  determined that the activity results or may result in land pollution and the
  following conditions are met:
002.01O1 If the
  solid waste generator is an association of generators, the association of
  generators is registered with the Secretary of State to transact business in
  Nebraska or has filed a written description of the association, its purpose,
  and membership with the Department; and
002.01O2 The generator or generators of the
  material have not released the solid waste from their direct control. The
  release of direct control has occurred when the generator or generators of the
  material have transferred the material to a solid waste processing or disposal
  facility, or have conveyed the material to a transporter; and
002.01O3 Beginning January 1, 2017, and for
  every year thereafter, the amount of material processed or transferred offsite
  during the previous calendar year must equal at least seventy-five percent
  (75%) by weight of the inventory of material present on January 1 of the
  previous year.
002.01O3(a) Failure to process
  or transfer offsite seventy-five percent (75%) of the material to be processed
  in one (1) calendar year shall be deemed speculative accumulation for the
  purposes of this chapter. A facility that speculatively accumulates material to
  be processed is not exempt from the permit requirements of this chapter.
002.01O3(b) Written documentation
  that verifies seventy-five (75%) of the material to be processed was processed
  or transferred offsite within one (1) calendar year must be maintained at the
  facility.