reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - DEFINITIONS › Section 132-1-151 - Wetlands

Current through June 17, 2024
"Wetlands" shall mean those areas that are inundated or saturated by
	 surface or ground water at a frequency and duration to support, and that under
	 normal circumstances do support a prevalence of vegetation typically adapted
	 for life in saturated soil conditions. Wetlands generally include swamps,
	 marshes, bogs, and similar areas.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - DEFINITIONS › Section 132-1-152 - Yard waste

Current through June 17, 2024
"Yard waste" shall mean grass and leaves. For the purposes of
	 composting, yard waste shall mean grass and leaves in combination with chipped
	 trees and branches and other organic material collected as the result of the
	 care of ornamental plants, lawns, shrubbery, vines and
	 gardens.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 2 - PERMITS: APPLICATION PROCEDURES: HEARINGS REQUIRED › Section 132-2-001 - Permit Required

Current through June 17, 2024
No person shall construct or operate a solid waste management facility
	 without a permit issued by the Department pursuant to this chapter unless
	 otherwise provided in these regulations. Any person who is required to have a
	 permit, including new applicants and permittees with expiring permits, shall
	 complete, sign and submit an application to the Department as described in
	 these regulations.
001.01 When a
  facility is owned by one person but is operated by another person, the owner
  and operator shall sign the permit application and the permit will be issued to
  all signatories to the application.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 2 - PERMITS: APPLICATION PROCEDURES: HEARINGS REQUIRED › Section 132-2-003 - Partial exception facilities

Current through June 17, 2024
003.01 Owners or operators of solid waste
  processing facilities as specified in
003.01A
to
003.01E
will be exempt from the permit requirements,
  but will be required to operate in accordance with section
003.02
. Solid waste processing facilities 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).
003.01A Solid waste compost sites that
  receive between 20,000 and 100,000 cubic yards per year of yard wastes
  only;
003.01B Solid waste compost
  sites that receive less than 1000 cubic yards per year of material;
003.01C Solid waste compost sites which
  receive between 1000 and 20,000 cubic yards per year of livestock waste other
  than that generated by the property owner;
003.01D Solid waste compost sites which
  receive between 20,000 and 100,000 cubic yards per year of material that
  consists of yard waste in combination with less than 1000 cubic yards of other
  materials; or
003.01E A solid waste
  transfer station receiving waste from vehicles other than those vehicles
  designed to compact solid waste.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 2 - PERMITS: APPLICATION PROCEDURES: HEARINGS REQUIRED › Section 132-2-005 - Local permit requirements

Current through June 17, 2024
Local governing bodies may develop and enforce local ordinances, codes
	 or rules and regulations on solid wastes disposal or processing equal to or
	 more stringent than these rules and regulations. Nothing herein shall relieve
	 the applicant from complying with any other applicable law, ordinance, code, or
	 rule.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 2 - PERMITS: APPLICATION PROCEDURES: HEARINGS REQUIRED › Section 132-2-006 - Permit Procedure

Current through June 17, 2024
Solid Waste Management Facility. A person desiring a permit to operate
	 a facility shall apply to the Department. The application shall be made part of
	 the operating record. In the case of a solid waste disposal area, the required
	 facility specifications shall be prepared by a professional engineer registered
	 to practice in the State of Nebraska. Only those portions of the application
	 for a construction and demolition waste disposal area which are specified in
	 Chapter 5 shall be prepared by a professional engineer registered to practice
	 in the State of Nebraska.
006.01
  Contents of Application
All applicants for permits shall provide information set forth in
	 these regulations, where applicable, and any additional information requested
	 by the Department. Each application shall contain a certification that any
	 information submitted is true, accurate, and complete. Each application shall
	 include the following information at a minimum and shall include the
	 non-refundable fee required by Chapter 9:
006.01A The activity or operation proposed by
  the applicant which requires a permit and a brief description of the nature of
  the applicant's business;
006.01B
  The owner and operator's name(s), address(es), telephone number(s), ownership
  status, and status as a federal, state, private, public, or other
  entity;
006.01C The legal
  description of the facility, and in the case of a solid waste disposal area,
  the legal description of the site boundaries;
006.01D The signatures required by
006.03
of this chapter;
006.01E Supporting documentation to the
  effect that a solid waste management facility is in compliance with the
  locational, construction/design, groundwater monitoring, and financial
  assurance requirements of these regulations;
006.01F An operational plan, and closure and
  post-closure plans prepared pursuant to these regulations;
006.01G Information demonstrating that the
  facility or operation will comply with all applicable requirements as well as
  ensure protection of public health and the environment; and
006.01H Documentation of local approval
  required by
Neb.
Rev.
Stat.
§
										13-1701
  to §
										13-1714
  or
Neb.
Rev.
Stat.
§
										13-2035,
  whichever is applicable.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 2 - PERMITS: APPLICATION PROCEDURES: HEARINGS REQUIRED › Section 132-2-007 - General Conditions

Current through June 17, 2024
The Department shall impose such conditions in a permit as may be
	 necessary to accomplish the purposes of applicable laws and these regulations,
	 and as may be necessary to ensure compliance with applicable laws, regulations,
	 and standards. The following conditions apply to all permits.
007.01 Permits for a solid waste disposal
  area shall expire not more than five (5) years following the date of issuance
  as determined by the Department. Permits for solid waste processing facilities
  shall expire not more than ten (10) years following the date of issuance as
  determined by the Department. Permits may be renewed according to the
  provisions of Section
012
of this chapter.
007.02 A permittee shall meet any compliance
  schedule imposed under its permit and shall fulfill all reporting requirements
  of the permit.
007.03 The permittee
  shall maintain an operating record at the facility location or in an alternate
  location approved by the Department. The Director can set alternative schedules
  as deemed necessary for recordkeeping and notification requirements except for
  the notification requirements in Chapter 7, Section
005.07D
. The operating record shall contain all
  information required by these regulations including:
007.03A Any location restriction
  demonstration required by this Title;
007.03B Inspection records, training
  procedures, training documentation, and notification procedures required under
  Chapter 3, Section 004.06 and Chapter 6, Section 004.05.
007.03C Gas monitoring results from
  monitoring and any remediation plans required under Chapter 3, Section
004.17C
;
007.03D Any municipal solid waste landfill
  facility unit design documentation for placement of leachate or gas condensate
  in a municipal solid waste landfill facility unit as required under Chapter 3,
  Section
004.10
;
007.03E Any demonstration, certification,
  finding, monitoring, testing, or analytical data required by Chapter
  7;
007.03F Closure and post-closure
  care plans and any monitoring, testing, or analytical data as required by this
  Title;
007.03G Any cost estimates
  and financial assurance documentation required by Chapter 8;
007.03H Any information demonstrating
  compliance with the small landfill partial exemption under Chapter 3, Section
003.06
; and
007.03I Permit application and facility
  operating permit.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 2 - PERMITS: APPLICATION PROCEDURES: HEARINGS REQUIRED › Section 132-2-009 - Issuance or Denial of a Permit

Current through June 17, 2024
009.01 Once an application is determined to
  be administratively complete and has been reviewed by the Department, the
  Director shall make a preliminary decision whether to issue or deny the permit.
  Such preliminary decision shall be publicly noticed as outlined in Section
011
.
009.02 The Director shall not issue a permit
  unless the applicant submits adequate documentation that the facility will be
  developed, constructed, modified or operated so as to ensure compliance with
  all applicable laws, regulations, and standards, and so as to be protective of
  human health and the environment. The Director may deny a permit on any of the
  following grounds including, but not limited to:
009.02A The application does not meet the
  appropriate design criteria specified in these regulations;
009.02B Upon a request for renewal or
  transfer, the permittee has not complied with all terms, conditions,
  requirements, and schedules of compliance of the existing permit; or
009.02C In the case of a solid waste disposal
  area, such a facility is within three thousand three hundred (3300) feet of a
  residential area in a metropolitan class city.
009.02C1 For purposes of this section,
  "residential area" shall mean an area designated as residential under the
  zoning authority of the city.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 2 - PERMITS: APPLICATION PROCEDURES: HEARINGS REQUIRED › Section 132-2-010 - Modifying, Suspending, Revoking Permits

Current through June 17, 2024
010.01 Any permit issued by the Department,
  may be modified, suspended, or revoked, in whole or in part during its term for
  cause including, but not limited to:
010.01A
  A violation of any terms or conditions of the permit;
010.01B Obtaining a permit by
  misrepresentation of any relevant facts or failure to disclose fully all
  relevant facts;
010.01C Information
  indicating that the activity or operation poses a threat to human health and
  the environment; or
010.01D Upon
  request by the permittee, provided such request does not create a violation of
  any existing applicable requirements, standards, laws, or rules and
  regulations. Requests for modifications shall be reviewed according to the
  standards of Section
009.
010.01E A violation of these rules and
  regulations or the Environmental Protection Act or the Integrated Solid Waste
  Management Act.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 2 - PERMITS: APPLICATION PROCEDURES: HEARINGS REQUIRED › Section 132-2-011 - Public Notice of Pending Permit Action

Current through June 17, 2024
011.01 Public notice of every preliminary
  determination to issue, deny, transfer, modify, except for minor modifications
  described under Section
010.04
of this chapter,
  suspend, or revoke a permit shall contain the elements of
011.02
and shall be made by:
011.01A Submitting the notice as a news
  release and as a legal notice to the newspaper in the geographical area of the
  proposed activity or operation; and
011.01B Mailing the notice to the applicant,
  or permittee as applicable, any unit of local government having jurisdiction
  over the area where the activity or operation is proposed to be located, each
  state agency having any authority under state law with respect to the
  construction or operation of such activity and to any person, either upon
  request or whose names are on a Departmental mailing list to receive such
  public notices.
011.01C The legal
  notice, draft permit and administrative record shall be placed in a public
  repository in the affected geographical area to be served.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 2 - PERMITS: APPLICATION PROCEDURES: HEARINGS REQUIRED › Section 132-2-012 - Filing for Renewal: Expiring Permit

Current through June 17, 2024
012.01 Permits issued to solid waste disposal
  areas shall expire not more than five (5) years following the date of the
  issuance as determined by the Department. Permits issued to solid waste
  processing facilities shall expire not more than ten (10) years following the
  date of issuance as determined by the Department. Permits may be renewed if the
  permittee has complied with all applicable requirements.
012.02 Permit renewal requests shall be filed
  with the Department one hundred eighty (180) days prior to the permit
  expiration date and shall be reviewed according to procedures and standards of
  Section
009
.
012.03 Prior to renewal, the permittee shall
  be in compliance with or have complied with all the terms, conditions,
  requirements, and schedules of compliance of the expiring permit.
012.04 Public notice and public participation
  procedures for renewal of the permit shall be those procedures specified for
  permits in Section
011
of this chapter.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 2 - PERMITS: APPLICATION PROCEDURES: HEARINGS REQUIRED › Section 132-2-013 - Emergency Permit

Current through June 17, 2024
In the event the Director finds an imminent and substantial
	 endangerment to human health and the environment, the Director may issue a
	 temporary emergency permit without notice and hearing. This emergency permit
	 may also be issued to a non-permitted activity or operation or to one whose
	 existing permit does not cover the authority for which the emergency permit is
	 made. This emergency permit:
013.01
  May be oral or written
If oral, it shall be followed within five (5) days by a written
	 emergency permit;
013.02
  Shall not last more than one hundred twenty (120) days but may be renewed for
  an additional sixty (60) days where the permittee can demonstrate that the
  circumstances justify such extension and that the permittee made good faith
  efforts to complete the permitted activity or operation within the one hundred
  twenty (120) days;
013.03 Shall
  clearly specify the wastes to be handled and the manner and location of their
  disposal; and
013.04 May be
  terminated by the Director at any time without process if the Director
  determines that termination is appropriate to protect human health and the
  environment.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 2 - PERMITS: APPLICATION PROCEDURES: HEARINGS REQUIRED › Section 132-2-014 - Research, Development, and Demonstration Permits (RD&D)

Current through June 17, 2024
014.01 Except as provided in Section
014.06
of this chapter, the Director may issue a
  research, development, and demonstration permit for a new municipal solid waste
  landfill (MSWLF) unit, existing MSWLF unit, or lateral expansion, for which the
  owner or operator proposes to utilize innovative and new methods which vary
  from either or both of the following criteria provided that the MSWLF unit has
  a leachate collection system designed and constructed to maintain less than a
  30-centimeter depth of leachate on the liner:
014.01A The run-on control systems in Chapter
  3, Section
003.04E 1
; and
014.01B The liquids restrictions in Chapter
  3, Section
004.10A.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 3 - CRITERIA FOR MUNICIPAL SOLID WASTE DISPOSAL AREAS, DELISTED WASTE DISPOSAL AREAS, INDUSTRIAL WASTE DISPOSAL AREAS and LAND APPLICATION UNITS FOR REPEATED DISPOSAL OR TREATMENT OF SPECIAL WASTES › Section 132-3-001 - Applicability

Current through June 17, 2024
The requirements of this chapter apply to all municipal solid waste
	 disposal areas, delisted waste disposal areas, industrial waste disposal areas,
	 and land application units for repeated disposal or treatment of special wastes
	 required to obtain a permit pursuant to Chapter 2,
001
.
001.01
  In addition to the other requirements of these regulations for delisted waste
  disposal areas, the Department may place such conditions and restrictions upon
  a permit issued or renewed under these regulations as deemed necessary to
  protect public health or the environment.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 3 - CRITERIA FOR MUNICIPAL SOLID WASTE DISPOSAL AREAS, DELISTED WASTE DISPOSAL AREAS, INDUSTRIAL WASTE DISPOSAL AREAS and LAND APPLICATION UNITS FOR REPEATED DISPOSAL OR TREATMENT OF SPECIAL WASTES › Section 132-3-002 - Locational Criteria

Current through June 17, 2024
New solid waste disposal areas and lateral expansions of existing solid
	 waste disposal areas listed in
001
shall be located in
	 accordance with the standards as described in this section. The application
	 shall include documentation verifying that the solid waste disposal area
	 complies with the following criteria.
002.01 A solid waste disposal area shall not
  be located in an area where the Department finds that the solid waste
  activities will have a detrimental effect on the waters of the state based on
  the following criteria:
002.01A Current and
  projected use of water resources in the potential zone of influence of the
  site;
002.01B Ground water
  elevation and proposed separation between the lowest point of the lowest cell
  and the predicted maximum water table elevation; areas having high ground water
  tables may be restricted to landfill operations which will maintain a safe
  vertical distance between deposited refuse and the maximum water table
  elevation;
002.01C Potential
  interrelationship of the local aquifers, and surface waters based on historical
  records or other sources of information; and
002.01D Background and initial quality of
  water resources in the potential zone of influence of the site.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 3 - CRITERIA FOR MUNICIPAL SOLID WASTE DISPOSAL AREAS, DELISTED WASTE DISPOSAL AREAS, INDUSTRIAL WASTE DISPOSAL AREAS and LAND APPLICATION UNITS FOR REPEATED DISPOSAL OR TREATMENT OF SPECIAL WASTES › Section 132-3-003 - Design Criteria

Current through June 17, 2024
The construction and design of all solid waste disposal areas
	 shall:
003.01 Be protective of human
  health and the environment;
003.02
  Not result in pollution of the waters of the state; and
003.03 In the case of a new solid waste
  disposal area or a lateral expansion of an existing solid waste disposal area,
  the construction and design plans shall include the following:
003.03A A description of the sequence of
  earth materials at the proposed facility to a depth sufficient to assure the
  reliability of the facility design;
003.03B A schedule of construction and a
  construction quality assurance plan as described in
003.04C
;
003.03C Data obtained from soil samples taken
  from the proposed facility site which describe the soil classification, grain
  size distribution, permeability, compatibility, and ion-exchange properties of
  the subsurface materials for those strata which are essential to the design of
  the facility; and
003.03D If
  exploration holes are drilled to obtain data, information showing the manner of
  plugging and sealing such holes.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 3 - CRITERIA FOR MUNICIPAL SOLID WASTE DISPOSAL AREAS, DELISTED WASTE DISPOSAL AREAS, INDUSTRIAL WASTE DISPOSAL AREAS and LAND APPLICATION UNITS FOR REPEATED DISPOSAL OR TREATMENT OF SPECIAL WASTES › Section 132-3-004 - Operational Criteria

Current through June 17, 2024
Operations of all solid waste disposal areas shall be in accordance
	 with the approved operational plan and Chapter 2 requirements.
004.01 A solid waste disposal area shall be
  designed and operated at all times so as to not constitute a hazard, or a
  threat to human health or the environment.
004.02 The operation of a solid waste
  disposal area shall include effective noise control and odor control
  programs.
004.03 Litter shall be
  controlled at solid waste disposal areas.
004.04 Disease vector control
An owner or operator of a solid waste disposal area shall prevent or
	 control on-site populations of disease vectors using techniques appropriate for
	 the protection of human health and the environment.
004.05 Air Criteria
An owner or operator of a solid waste disposal area shall ensure that
	 the landfill unit does not violate any applicable requirements developed under
	 Title 129 -
Nebraska Air Quality Regulations
. Measures
	 shall be taken to control fugitive dust in accordance with Title 129 -
Nebraska Air Quality Regulations
during excavation,
	 vehicle movement, placement of waste or covering deposits.
004.06 Procedures for Excluding the Receipt
  of Regulated Hazardous Waste or TSCA Regulated PCB Wastes. Owners or operators
  of solid waste disposal areas shall implement a program for detecting and
  preventing the acceptance or disposal of regulated hazardous wastes and TSCA
  regulated polychlorinated biphenyl (PCB) wastes. This program shall include, at
  a minimum:
004.06A Random inspections of
  incoming loads unless the owner or operator takes other steps to ensure that
  incoming loads do not contain regulated hazardous wastes or PCB wastes. Random
  inspections must be conducted on a minimum of one percent ( 1.0 %) of the
  incoming loads per week or at least one load per week if less than one hundred
  (100) loads per week are received and processed;
004.06B Records of any inspections;
004.06C Training of facility personnel to
  recognize regulated hazardous wastes and PCB wastes; and
004.06D Notification to the Department if a
  regulated hazardous waste or PCB waste is discovered at the facility.
004.06E Any regulated hazardous or PCB waste
  identified must be removed and handled in accordance with procedures of the
  approved operating plan.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 3 - CRITERIA FOR MUNICIPAL SOLID WASTE DISPOSAL AREAS, DELISTED WASTE DISPOSAL AREAS, INDUSTRIAL WASTE DISPOSAL AREAS and LAND APPLICATION UNITS FOR REPEATED DISPOSAL OR TREATMENT OF SPECIAL WASTES › Section 132-3-005 - Closure criteria

Current through June 17, 2024
Owners or operators of solid waste disposal areas shall close according
	 to the approved closure plan, and shall install the final cover within six
	 months of the last receipt of waste.
005.01 Those solid waste disposal areas,
  receiving waste after October 1, 1993, shall close all areas which have not
  received final cover, in accordance with the requirements of sections
005.01A
to
005.01E
below.
005.01A A final cover system shall be
  installed which shall be comprised of an erosion layer underlain by an
  infiltration layer as follows:
005.01A1 The
  infiltration layer shall be comprised of a minimum of eighteen (18) inches of
  earthen material that has a permeability less than or equal to the permeability
  of the bottom liner system or natural subsoil present, or a permeability no
  greater than 1x10-5 centimeters per second, measured
  at the site, whichever is less; and
005.01A2 The erosion layer shall consist of a
  minimum of eighteen (18) inches of earthen material that is capable of
  sustaining adequate vegetative cover.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 3 - CRITERIA FOR MUNICIPAL SOLID WASTE DISPOSAL AREAS, DELISTED WASTE DISPOSAL AREAS, INDUSTRIAL WASTE DISPOSAL AREAS and LAND APPLICATION UNITS FOR REPEATED DISPOSAL OR TREATMENT OF SPECIAL WASTES › Section 132-3-006 - Post-closure criteria

Current through June 17, 2024
The owners or operators of solid waste disposal areas shall provide for
	 post-closure care for a period of thirty (30) years.
006.01 Post closure care shall include, at a
  minimum, the performance and recording of each of the following activities in
  the operating record:
006.01A Annual
  inspection and maintenance of the cover to ensure integrity and effectiveness,
  including making repairs to the cover as necessary to correct the effects of
  settlement, subsidence, erosion, or other events, and preventing run-on and
  runoff from eroding or otherwise damaging the final cover;
006.01B Annual inspection and maintenance of
  access control structures and posted signs;
006.01C Maintenance and operation of any
  existing leachate collection system;
006.01D Maintenance and semiannual sampling
  and testing of any existing groundwater monitoring well, and maintenance and
  quarterly sampling of any landfill gas monitoring systems. Results of testing
  shall be reported to the Department, and placed in the operating record;
  and
006.01E Maintenance and
  operation of any other environmental control features which are included in the
  design and operation of the solid waste disposal area or required by the
  Department to protect human health and the environment.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 3 - CRITERIA FOR MUNICIPAL SOLID WASTE DISPOSAL AREAS, DELISTED WASTE DISPOSAL AREAS, INDUSTRIAL WASTE DISPOSAL AREAS and LAND APPLICATION UNITS FOR REPEATED DISPOSAL OR TREATMENT OF SPECIAL WASTES › Section 132-3-007 - Required Maps and Drawings

Current through June 17, 2024
The permit application for a solid waste disposal area shall include
	 the following maps. When a structure described in
007.03
and
007.04
is not
	 present at the site, a notation shall be made on the required map or
	 drawing.
007.01 A topographic map or
  maps of any solid waste disposal area drawn to the scale of 200 feet to the
  inch or larger, containing 5-foot contour intervals where the relief exceeds 20
  feet, and 2-foot contour intervals where the relief is 20 feet or less, and
  referred to a United States Geological Survey datum.
007.02 A topographic map indicating the
  proposed final contours and landscaping of completed solid waste disposal areas
  with a statement of the proposed final use of the site, if known.
007.03 Maps of the site, drawn to scale,
  indicating the location of:
007.03A Ground
  water monitoring wells and gas monitoring locations, if required;
007.03B Points of entrance to and exit from
  the facility and to and from the operating area of the facility;
007.03C Loading, dumping and any temporary
  storage areas;
007.03D Interior
  roads and ramps;
007.03E Devices
  for controlling litter;
007.03F
  Devices for controlling unauthorized access to the facility site;
007.03G Drainage facilities, structures,
  walls, cribbing, surface protection devices, and any other devices as are
  necessary to comply with applicable water quality standards;
007.03H Fire protection facilities;
007.03I Utilities to service the
  site;
007.03J Gas and oil
  wells;
007.03K High tension power
  lines;
007.03L Fuel transmission
  pipelines;
007.03M Salvage
  operations;
007.03N Fill
  area;
007.03O Borrow areas;
  and
007.03P Provisions for
  concealing a solid waste disposal area from public view.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 4 - CRITERIA FOR FOSSIL FUEL COMBUSTION ASH DISPOSAL AREAS › Section 132-4-001 - Applicability

Current through June 17, 2024
The requirements of this chapter apply to all fossil fuel combustion
	 ash disposal areas required to obtain a permit pursuant to Chapter 2,
001
.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 4 - CRITERIA FOR FOSSIL FUEL COMBUSTION ASH DISPOSAL AREAS › Section 132-4-002 - Locational Criteria

Current through June 17, 2024
New fossil fuel combustion ash disposal areas and lateral expansions of
	 existing fossil fuel combustion ash disposal areas shall be located in
	 accordance with the standards as described in this section. The application
	 shall include documentation verifying that the fossil fuel combustion ash
	 disposal area complies with the following.
002.01 A fossil fuel combustion ash disposal
  area shall not be located in an area where the Department finds that the solid
  waste activities will have a detrimental effect on the waters of the state
  based on the following criteria:
002.01A
  Current and projected use of water resources in the potential zone of influence
  of the site;
002.01B Ground water
  elevation and proposed separation between the lowest point of the lowest cell
  and the predicted maximum water table elevation; areas having high ground water
  tables may be restricted to landfill operations which will maintain a safe
  vertical distance between deposited refuse and the maximum water table
  elevation;
002.01C Potential
  interrelationship of the local aquifers, and surface waters based on historical
  records or other sources of information; and
002.01D Background and initial quality of
  water resources in the potential zone of influence of the site.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 4 - CRITERIA FOR FOSSIL FUEL COMBUSTION ASH DISPOSAL AREAS › Section 132-4-003 - Design Criteria

Current through June 17, 2024
The construction and design of all fossil fuel combustion ash disposal
	 areas shall:
003.01 Be protective of
  human health and the environment;
003.02 Not result in pollution of the waters
  of the state; and
003.03 In the
  case of a new fossil fuel combustion ash disposal area or a lateral expansion
  of an existing fossil fuel combustion ash disposal area, the construction and
  design plans shall include the following:
003.03A A description of the sequence of
  earth materials at the proposed facility to a depth sufficient to assure the
  reliability of the facility design;
003.03B A schedule of construction and a
  construction quality assurance plan as described in
003.04C
;
003.03C Data obtained from soil samples taken
  from the proposed facility site which describe the soil classification, grain
  size distribution, permeability, compatibility, and ion-exchange properties of
  the subsurface materials for those strata which are essential to the design of
  the facility; and
003.03D If
  exploration holes are drilled to obtain data, information showing the manner of
  plugging and sealing such holes.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 4 - CRITERIA FOR FOSSIL FUEL COMBUSTION ASH DISPOSAL AREAS › Section 132-4-004 - Operational Criteria

Current through June 17, 2024
Operations of all fossil fuel combustion ash disposal areas shall be in
	 accordance with the approved operational plan and Chapter 2
	 requirements.
004.01 A fossil fuel
  combustion ash disposal area shall be designed and operated at all times so as
  to not constitute a hazard, or a threat to human health or the
  environment.
004.02 A fossil fuel
  combustion ash disposal area shall only accept nonhazardous waste defined as
  fossil fuel combustion ash. All unacceptable waste shall be removed from the
  site daily.
004.03 An owner or
  operator of a fossil fuel combustion ash disposal area shall control public
  access and prevent unauthorized vehicular traffic and illegal dumping of wastes
  by using artificial barriers, natural barriers, supervision, or any other
  measures, as appropriate, to protect human health and the
  environment.
004.04 Access roads to
  the site shall be maintained so as to be negotiable by vehicles.
004.05 Surface Water Requirements
A fossil fuel combustion ash disposal area shall not:
004.05A Cause a discharge of pollutants into
  waters of the state, including wetlands, that violate any requirements of Title
  119 -
Rules and Regulations Pertaining to the Issuance of Permits
  Under the National Pollutant Discharge Elimination
  System.
004.05B Cause
  the discharge of a non-point source of pollution to waters of the State that
  violate any requirement of an area-wide or state-wide water quality management
  plan that has been approved under section 208 or 319 of the Clean Water Act, as
  amended (
  33 U.S.C.
  1251 et seq).
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 4 - CRITERIA FOR FOSSIL FUEL COMBUSTION ASH DISPOSAL AREAS › Section 132-4-005 - Closure criteria

Current through June 17, 2024
Owners or operators of fossil fuel combustion ash disposal areas shall
	 close according to the approved closure plan, and shall install the final cover
	 within six (6) months of the last receipt of waste.
005.01 Owners or operators of fossil fuel
  combustion ash disposal areas shall close in the following manner:
005.01A The final cover shall consist of at
  least two (2) feet of earthen material capable of sustaining adequate
  vegetative cover.
005.01B Final
  grades and side slopes of the closed area shall prevent run-on and runoff from
  eroding or otherwise damaging the final cover.
005.01C Appropriate vegetative cover shall be
  established and maintained as soon as practical after final grading.
005.01D Unauthorized public access, vehicular
  traffic, and illegal dumping shall be prevented by the use of artificial
  barriers, natural barriers, or both, along with signs prohibiting such
  access.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 4 - CRITERIA FOR FOSSIL FUEL COMBUSTION ASH DISPOSAL AREAS › Section 132-4-006 - Post-closure criteria

Current through June 17, 2024
The owners or operators of all fossil fuel combustion ash disposal
	 areas shall provide for post-closure care for a period of five (5)
	 years.
006.01 Post-closure care shall
  include, at a minimum, the performance and recording of each of the following
  activities in the operating record:
006.01A
  Annual inspection and maintenance of the cover to ensure integrity and
  effectiveness, including making repairs to the cover as necessary to correct
  the effects of settlement, subsidence, erosion, or other events, and preventing
  run-on and runoff from eroding or otherwise damaging the final cover;
006.01B Annual inspection and maintenance of
  access control structures and posted signs;
006.01C Maintenance and operation of any
  existing leachate collection system;
006.01D Maintenance and semiannual sampling
  and testing of any existing groundwater monitoring well systems. Results of
  testing shall be reported to the Department, and placed in the operating
  record; and
006.01E Maintenance and
  operation of any other environmental control features which are included in the
  design and operation of the fossil fuel combustion ash disposal area or
  required by the Department to protect human health and the
  environment.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 4 - CRITERIA FOR FOSSIL FUEL COMBUSTION ASH DISPOSAL AREAS › Section 132-4-007 - Required Maps and Drawings

Current through June 17, 2024
The permit application for a fossil fuel combustion ash disposal area
	 shall include the following maps and drawings. When a structure described in
007.03
and
007.04
is not
	 present at the site, a notation shall be made on the required map or
	 drawing.
007.01 A topographic map or
  maps of the fossil fuel combustion ash disposal area drawn to the scale of 200
  feet to the inch or larger, containing 5-foot contour intervals where the
  relief exceeds 20 feet, and 2-foot contour intervals where the relief is 20
  feet or less, and referred to a United States Geological Survey
  datum.
007.02 A topographic map
  indicating the proposed final contours and landscaping of completed fossil fuel
  combustion ash disposal areas with a statement of the proposed final use of the
  site, if known.
007.03 Maps of the
  site, drawn to scale, indicating the location of:
007.03A Ground water monitoring well
  locations;
007.03B Points of
  entrance to and exit from the facility and to and from the operating area of
  the facility;
007.03C Loading,
  dumping and any temporary storage areas;
007.03D Interior roads and ramps;
007.03E Devices for controlling unauthorized
  access to the facility site;
007.03F Drainage facilities, structures,
  walls, cribbing, surface protection devices, and any other devices as are
  necessary to comply with applicable water quality standards;
007.03G Utilities to service the
  site;
007.03H Gas and oil
  wells;
007.03I High tension power
  lines;
007.03J Fuel transmission
  pipelines;
007.03K Salvage
  operations;
007.03L Fill
  area;
007.03M Borrow areas;
  and
007.03N Provisions for
  concealing a fossil fuel cumbustion ash disposal area from public
  view.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 5 - CRITERIA FOR CONSTRUCTION AND DEMOLITION WASTE DISPOSAL AREAS › Section 132-5-001 - Applicability

Current through June 17, 2024
The requirements of this chapter apply to all construction and
	 demolition waste disposal areas required to have a permit pursuant to Chapter
	 2,
001
.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 5 - CRITERIA FOR CONSTRUCTION AND DEMOLITION WASTE DISPOSAL AREAS › Section 132-5-002 - Locational criteria

Current through June 17, 2024
Construction and demolition waste disposal areas shall be located in
	 accordance with the standards as described in this section. The application
	 shall include documentation verifying that the solid waste disposal area
	 complies with the following.
002.01
  The vertical separation between the lowest point of the lowest cell and the
  predicted maximum water table elevation shall be sufficient to maintain a ten
  (10) foot vertical distance between deposited waste and the water table
  elevation based on reliable existing regional data, if available. A lesser
  separation distance may be approved by the Director provided the applicant
  shows good cause.
002.02 The
  application shall include a description of the land use and population density
  of the proposed facility and of the area surrounding the facility within one
  mile of the facility boundaries.
002.03 Floodplains
A construction and demolition waste disposal area or a lateral or
	 vertical expansion of these facilities, shall not be located in a 100-year
	 flood plain, unless the owner or operator can demonstrate that the disposal
	 area will not restrict the flow of the 100-year flood, reduce the temporary
	 water storage capacity of the floodplain, or result in washout of solid waste
	 so as to pose a hazard to human health and the environment.
002.04 Wetlands
A construction and demolition waste disposal area shall not be located
	 in wetlands.
002.05 Unstable
  areas
An owner or operator of a construction and demolition waste disposal
	 area located in an unstable area shall demonstrate in the permit application
	 that engineering measures have been incorporated into the facility's design to
	 ensure that the integrity of the final cover system of the construction and
	 demolition waste disposal area will not be disrupted.
002.05A An owner or operator shall consider
  the following factors, at a minimum, when determining whether an area is
  unstable:
002.05A1 On-site or local soil
  conditions that may result in significant differential settling;
002.05A2 On-site or local geologic or
  geomorphologic features; and
002.05A3 On-site or local human-made features
  or events, both surface and subsurface.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 5 - CRITERIA FOR CONSTRUCTION AND DEMOLITION WASTE DISPOSAL AREAS › Section 132-5-003 - Design criteria

Current through June 17, 2024
Construction and demolition waste disposal areas shall be designed,
	 constructed and operated to:
003.01 Be
  protective of human health and the environment;
003.02 Not result in pollution of the waters
  of the state; and
003.03 Include
  run on/run-off control systems which shall be designed, constructed and
  maintained to meet the following criteria:
003.03A Surface water courses and run-on
  shall be diverted from the construction and demolition waste disposal area by
  devices such as trenches, conduits and proper grading to minimize infiltration
  and erosion of cover material.
003.03B Surface water courses and run-off
  shall be diverted from the construction and demolition waste disposal area by
  devices such as trenches, conduits and proper grading to minimize infiltration
  and erosion of cover material. The construction and demolition waste disposal
  area shall be constructed and graded so as to promote rapid surface water
  run-off without excessive erosion. Excessive erosion shall mean an erosion rate
  of five (5) tons per acre per year, or more.
003.03C Run-off from the active portion of
  the construction and demolition waste disposal area shall be handled in
  accordance with section
004
of this Chapter.
003.03D Regrading shall be done as required
  during construction and after completion to avoid ponding of precipitation and
  to maintain cover material integrity. On-site drainage structures and channels
  shall be designed for at least a twenty-four (24) hour, twenty-five (25) year
  storm.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 5 - CRITERIA FOR CONSTRUCTION AND DEMOLITION WASTE DISPOSAL AREAS › Section 132-5-004 - Operational criteria

Current through June 17, 2024
Operations of all construction and demolition waste disposal areas
	 shall be in accordance with the approved operational plan and Chapter 2
	 requirements.
004.01 A construction
  and demolition waste disposal area shall only accept waste defined as
  construction and demolition waste. All unacceptable wastes shall be removed
  from the site daily.
004.02 A
  construction and demolition waste disposal area shall be operated at all times
  so as to not constitute a hazard, or a threat to human health or the
  environment.
004.03 The operation
  of a construction and demolition waste disposal area shall include litter
  control and disease vector prevention and control programs.
004.04 Air Criteria
Measures shall be taken to control fugitive dust in accordance with
	 Title 129 -
Nebraska Air Quality Regulations
during
	 excavation, vehicle movement, placement of construction and demolition waste or
	 covering waste.
004.05
  Access Requirements
An owner or operator of a construction and demolition waste disposal
	 area shall control public access and prevent unauthorized vehicular traffic and
	 illegal dumping of wastes by using artificial barriers, natural barriers, or
	 both, as appropriate. All vehicular access points shall be equipped with gates
	 that can be locked. All access control gates shall be locked during
	 non-operating periods of the construction and demolition waste disposal
	 area.
004.06 Surface Water
  Requirements
A construction and demolition waste disposal area shall not:
004.06A Cause a discharge of pollutants into
  waters of the state, including wetlands, that violate any requirements of Title
  119 -
Rules and Regulations Pertaining to the Issuance of Permits
  Under the National Pollutant Discharge Elimination
  System.
004.06B Cause
  the discharge of a non-point source of pollution to waters of the State that
  violate any requirement of an area-wide or state-wide water quality management
  plan that has been approved under section 208 or 319 of the Clean Water Act, as
  amended.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 132 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 5 - CRITERIA FOR CONSTRUCTION AND DEMOLITION WASTE DISPOSAL AREAS › Section 132-5-005 - Closure criteria

Current through June 17, 2024
Owners and operators of construction and demolition waste disposal
	 areas shall close according to the approved closure plan, and shall install the
	 final cover within six (6) months of the last receipt of waste. Owners or
	 operators of all construction and demolition waste disposal areas shall close
	 in the following manner.
005.01 The
  final cover shall consist of at least three (3) feet of earthen material and be
  capable of sustaining adequate vegetative cover. Lesser depths of final cover
  may be approved by the Director provided the applicant can show that the lesser
  amount is sufficient to minimize infiltration, erosion, settlement and promote
  surface water run-off.
005.02 Final
  grades and side slopes of the closed area shall prevent run-on and run-off from
  eroding or otherwise damaging the final cover.
005.03 Appropriate vegetative cover shall be
  established and maintained as soon as practical after final grading.
005.04 Within 90 days following the
  installation of the final cover system, the owner or operator shall record a
  permanent notation on the deed to the disposal area property, or some other
  permanent property record or instrument that is normally examined during the
  title search and shall provide documentation to the Department that such
  notation or instrument has been recorded in the permanent records of the county
  Register of Deeds. A copy of this record and documentation shall be placed in
  the operating record. This notation or instrument must, in perpetuity, notify
  any potential purchaser of the following information:
005.04A The existence of a closed
  construction and demolition waste disposal area on the property;
005.04B The type, depth and location of the
  waste on the property, as well as the existence of any monitoring systems;
  and
005.04C Any restrictions on the
  use of the property which may be provided to protect the integrity of the final
  cover or any components of the containment system.