reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 5 - NPDES PERMIT: WHEN TO APPLY, APPLICATION, TERMS AND CONDITIONS, ANNUAL REPORT › Section 130-5-001

Current through June 17, 2024
An owner or operator of a concentrated animal feeding operation that
	 discharges is required to obtain an NPDES permit. The owner or operator of a
	 concentrated animal feeding operation which is required to obtain an NPDES
	 permit shall apply for an individual NPDES permit or submit a request for
	 coverage under a general NPDES permit. The owner or operator shall obtain
	 coverage according to the following schedule:
001.01 An operation that was already defined
  as a concentrated animal feeding operation prior to April 14, 2003, was
  required to comply by April 14, 2003;
001.02 For an operation defined as a
  concentrated animal feeding operation as of April 14, 2003, that was not
  defined as a concentrated animal feeding operation prior to that date,
  including previously exempted or totally housed animal feeding operations, by a
  date specified by the Director or, if no date has been specified, by February
  27, 2009;
001.03 For an operation
  that became defined as a concentrated animal feeding operation but is not a new
  source:
001.03A No less than 180 days prior to
  the time the operation commences operation for newly constructed operations not
  subject to effluent limitation guidelines; or
001.03B As soon as possible, but no later
  than 90 days after becoming defined as a concentrated animal feeding operation
  for other operations, except that the schedule is by February 27, 2009, or 90
  days after becoming defined as a concentrated animal feeding operation,
  whichever is later, if an operational change that makes the operation a
  concentrated animal feeding operation would not have made it one prior to April
  14, 2003.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 5 - NPDES PERMIT: WHEN TO APPLY, APPLICATION, TERMS AND CONDITIONS, ANNUAL REPORT › Section 130-5-002

Current through June 17, 2024
The permittee is required to submit an application to renew an
	 individual NPDES permit or submit a request for coverage under a NPDES general
	 permit no later than 180 days before the expiration of the permit unless
	 permission for submittal at a later date has been granted by the Director. The
	 permittee does not need to apply to renew a NPDES permit or seek coverage
	 if:
002.01 The animal feeding
  operation has permanently ceased operation or is no longer a concentrated
  animal feeding operation; and
002.02 The permittee has demonstrated to the
  satisfaction of the Director that any required corrective action has been
  completed; that all manure, litter, and process wastewater has been removed
  from the operation and disposed of in an agronomic manner; and there will be no
  further discharge of manure, litter, or associated process wastewater that was
  generated while the operation was a concentrated animal feeding operation,
  other than agricultural storm water discharge from land application
  areas.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 5 - NPDES PERMIT: WHEN TO APPLY, APPLICATION, TERMS AND CONDITIONS, ANNUAL REPORT › Section 130-5-003

Current through June 17, 2024
Each application for a NPDES permit or request for coverage under a
	 NPDES general permit shall consist of and include at a minimum, the
	 following:
003.01 The appropriate
  fee;
003.02 A completed Form B (see
  Appendix B);
003.03 A completed
  Applicant Disclosure (see Appendix C);
003.04 A completed nutrient management plan
  and supporting documentation as specified in Chapter 14, unless such
  information has previously been submitted and is unchanged;
003.05 Written evidence that the applicant
  has obtained any necessary approvals related to the animal feeding operation
  from the Nebraska Department of Natural Resources for any dam structures or for
  the storage of runoff from any non-feedlot contributing drainage area;
  and
003.06 Any other relevant
  information required by the Department.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 5 - NPDES PERMIT: WHEN TO APPLY, APPLICATION, TERMS AND CONDITIONS, ANNUAL REPORT › Section 130-5-004

Current through June 17, 2024
Each application for a major modification of a National Pollutant
	 Discharge Elimination System permit or NPDES application shall consist of and
	 include, at a minimum, the following:
004.01 The appropriate fee;
004.02 A completed Form B (see Appendix
  B);
004.03 A completed Applicant
  Disclosure (see Appendix C);
004.04
  A detailed description of the major modification requested, including
  compliance with Section 003.06 above;
004.05 A completed nutrient management plan
  and supporting documentation as specified in Chapter 14, unless such
  information has been previously submitted and is unchanged; and
004.06 Any other relevant information
  required by the Department.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 5 - NPDES PERMIT: WHEN TO APPLY, APPLICATION, TERMS AND CONDITIONS, ANNUAL REPORT › Section 130-5-005

Current through June 17, 2024
The Department may require an operation to obtain an individual NPDES
	 permit, instead of coverage under a NPDES general permit, where the Department
	 determines that the quality of waters of the State may be better protected by
	 requiring the owner of the operation to apply for an individual NPDES
	 permit.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 5 - NPDES PERMIT: WHEN TO APPLY, APPLICATION, TERMS AND CONDITIONS, ANNUAL REPORT › Section 130-5-006

Current through June 17, 2024
All NPDES permit applications will be processed, and permit duration
	 shall be determined, as provided for in Title 119 (Nebraska Administrative
	 Code) - Rules and Regulations Pertaining to the Issuance of Permits Under the
	 National Pollutant Discharge Elimination System.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 6 - NPDES PERMIT, CONSTRUCTION AND OPERATING PERMIT, OPERATING PERMIT, CONSTRUCTION APPROVAL, MAJOR MODIFICATION, APPLICATION: ISSUANCE, DENIAL, REVOCATION, REJECTION, MODIFICATION, TRANSFER, OR SUSPENSION › Section 130-6-001

Current through June 17, 2024
A NPDES permit, a construction and operating permit, construction
	 approval, major modification, or application may be denied, revoked, modified
	 or suspended for cause, including, but not limited to, the following:
001.01 Allowing a discharge of livestock
  wastes into waters of the State, except as provided by a permit or these
  regulations;
001.02 Violation of
  Title 117 (Nebraska Administrative Code) -
Nebraska Surface Water
  Quality Standards
or Title 118 (Nebraska Administrative Code) -
Ground Water Quality Standards and Use
  Classification
;
001.03
  Obtaining approval by misrepresentation or failure to disclose fully all
  relevant facts;
001.04 Refusal to
  allow the Director or his or her representative:
001.04A Access to the operation and facility
  at any reasonable time;
001.04B
  Access to records or failure to provide records required under these
  regulations or conditions of a NPDES permit, operating permit, construction and
  operating permit, or construction approval; or
001.04C Access to any waste sources, surface
  water or ground water to obtain samples at the operation or facility.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 6 - NPDES PERMIT, CONSTRUCTION AND OPERATING PERMIT, OPERATING PERMIT, CONSTRUCTION APPROVAL, MAJOR MODIFICATION, APPLICATION: ISSUANCE, DENIAL, REVOCATION, REJECTION, MODIFICATION, TRANSFER, OR SUSPENSION › Section 130-6-002

Current through June 17, 2024
In the event these regulations are amended or superseded, the
	 Department may modify a construction approval, operating permit, construction
	 and operating permit, or NPDES permit and include a schedule for
	 compliance.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 6 - NPDES PERMIT, CONSTRUCTION AND OPERATING PERMIT, OPERATING PERMIT, CONSTRUCTION APPROVAL, MAJOR MODIFICATION, APPLICATION: ISSUANCE, DENIAL, REVOCATION, REJECTION, MODIFICATION, TRANSFER, OR SUSPENSION › Section 130-6-003

Current through June 17, 2024
A construction and operating permit, construction approval, operating
	 permit or NPDES permit may be transferred to another person. A completed
	 transfer request form shall be submitted to the Department at least 30 days
	 prior to the proposed transfer. The transfer is complete only upon written
	 approval by the Director. The transfer request shall include the
	 following:
003.01 A completed transfer
  form (see Appendix D), signed and dated by the current authorized
  representative and the authorized representative for the proposed owner or
  operator.
003.02 An applicant
  disclosure form, (see Appendix C), completed by the new owner or
  operator.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 6 - NPDES PERMIT, CONSTRUCTION AND OPERATING PERMIT, OPERATING PERMIT, CONSTRUCTION APPROVAL, MAJOR MODIFICATION, APPLICATION: ISSUANCE, DENIAL, REVOCATION, REJECTION, MODIFICATION, TRANSFER, OR SUSPENSION › Section 130-6-004

Current through June 17, 2024
In addition to other permit review determinations under the Livestock
	 Waste Management Act and the Environmental Protection Act, pursuant to Neb.
	 Rev. Stat. §
									54-2431,
	 the Department shall reject an application for a NPDES permit, construction and
	 operating permit or major modification, or revoke or suspend a NPDES permit, or
	 a construction and operating permit upon a finding that the applicant or
	 permittee is unsuited to perform the obligations of a permitholder. Whenever
	 the Director initiates proceedings under this section, those proceedings shall
	 be as set out in Neb. Rev. Stat. §
									81-1507
	 and Title 115.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 7 - EFFLUENT LIMITATIONS FOR CONCENTRATED ANIMAL FEEDING OPERATIONS › Section 130-7-001

Current through June 17, 2024
For existing large beef, dairy, horse, sheep, swine, poultry, and veal
	 calf concentrated animal feeding operations and new large beef, dairy, horse,
	 and sheep concentrated animal feeding operations, there shall be no discharge
	 of manure, litter, or process wastewater pollutants into waters of the state
	 from the production area except that when precipitation causes an overflow of
	 manure, litter, or process wastewater, the overflow may be discharged into
	 waters of the state provided the production area is:
001.01 Designed, constructed, operated and
  maintained to contain all manure, litter, and process wastewater including the
  runoff and the direct precipitation from a 25-year, 24 hour rainfall event;
  and
001.02 Operated in accordance
  with these regulations.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 7 - EFFLUENT LIMITATIONS FOR CONCENTRATED ANIMAL FEEDING OPERATIONS › Section 130-7-002

Current through June 17, 2024
For new large swine, poultry, and veal calf concentrated animal feeding
	 operations, there shall be no discharge of manure, litter, or process
	 wastewater pollutants into waters of the state from the production area. The
	 production area shall be operated in accordance with these regulations and
	 designed, constructed, operated and maintained to contain all manure, litter,
	 and process wastewater including all runoff and direct
	 precipitation.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 7 - EFFLUENT LIMITATIONS FOR CONCENTRATED ANIMAL FEEDING OPERATIONS › Section 130-7-003

Current through June 17, 2024
The owner of a large concentrated animal feeding operations may request
	 that the Director establish alternative permit limitations as provided
	 below:
003.01 New and existing beef
  and dairy, based upon site-specific alternative technologies that achieve a
  quantity of pollutants discharged from the production area equal to or less
  than the quantity of pollutants that would be discharged under the baseline
  performance standards in Section
001
above;
  or
003.02 New swine, poultry, and
  veal calf, based upon site-specific innovative technologies that can be
  demonstrated to achieve overall environmental performance across all media that
  is equal or more than the reductions achieved by baseline or voluntary
  alternative performance standards. The site-specific alternative technologies
  shall be capable of achieving a quantity of pollutants discharged from the
  production area
that is no more than the quantity of pollutants that would be
	 discharged under the baseline performance standards.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 7 - EFFLUENT LIMITATIONS FOR CONCENTRATED ANIMAL FEEDING OPERATIONS › Section 130-7-004

Current through June 17, 2024
In order to request alternative NPDES permit limitations as provided
	 for in Section
003.01
above, the owner shall submit a
	 site-specific supporting technical analysis and any other relevant information
	 and data that would support such site-specific effluent limitations within a
	 time frame specified by the Director. The analysis shall include calculation of
	 the quantity of pollutants discharged, on a mass basis where appropriate, based
	 on a site-specific analysis of a livestock waste control facility designed,
	 constructed, operated, and maintained to contain all manure, litter, and
	 process wastewater, including the runoff from a 25-year, 24-hour rainfall
	 event. The Director may require any additional information deemed necessary to
	 support such a request. At a minimum, the technical analysis of the discharge
	 of pollutants shall include:
004.01
  All daily inputs to the facility, including manure, litter, all process
  wastewaters, precipitation, and runoff;
004.02 All daily outputs from the facility,
  including losses due to evaporation, sludge removal, and the removal of
  wastewater for use on cropland or transferred offsite;
004.03 A calculation determining the
  predicted median annual overflow volume based on a 25-year period of actual
  rainfall data applicable to the site;
004.04 Site-specific pollutant data,
  including nitrate-nitrogen, ammonia-nitrogen, phosphorus, 5-day biochemical
  oxygen demand (BOD5), and the non-filterable residue
  (also called total dissolved solids or TDS) for the operation from
  representative sampling and analysis of all sources of input to the facility,
  or other appropriate pollutant data; and
004.05 Predicted annual average discharge of
  pollutants, expressed as a mass discharge on a daily basis in pounds per day
  where appropriate and calculated considering Section
004.01
through Section
004.04
above.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 7 - EFFLUENT LIMITATIONS FOR CONCENTRATED ANIMAL FEEDING OPERATIONS › Section 130-7-005

Current through June 17, 2024
For NPDES permitted large beef, dairy, heifer, swine, poultry, horse,
	 sheep, and veal concentrated animal feeding operations that land apply manure,
	 litter, or process wastewater, discharges from the land application areas under
	 control of the NPDES permittee are subject to compliance with the
	 following:
005.01 Implement a nutrient
  management plan prior to December 31, 2006, or at the time of reissuance of the
  NPDES permit, for land under the NPDES permittee control. Land under the NPDES
  permittee control includes;
005.01A Owned
  areas;
005.01B Rented or leased
  areas including land rented or leased solely for land application area;
  and
005.01C Any area where the
  NPDES permittee stockpiles, spreads, or delivers waste to, or otherwise
  controls the timing, amount, or rate of land application.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 7 - EFFLUENT LIMITATIONS FOR CONCENTRATED ANIMAL FEEDING OPERATIONS › Section 130-7-006

Current through June 17, 2024
For NPDES permitted horse and sheep large concentrated animal feeding
	 operations that land apply manure, litter, or process wastewater, discharges
	 from the land application areas under control of the NPDES permittee are
	 subject to conditions developed by the Department, on a case-by-case basis,
	 using its best professional judgment.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 7 - EFFLUENT LIMITATIONS FOR CONCENTRATED ANIMAL FEEDING OPERATIONS › Section 130-7-007

Current through June 17, 2024
For small and medium concentrated animal feeding operations, there
	 shall be no discharge of manure, litter, or process wastewater pollutants into
	 waters of the state from the production area or land application area except
	 under conditions developed by the Department, on a case-by-case basis, using
	 its best professional judgment.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 8 - WASTE CONTROL METHODS: DESIGN CRITERIA AND CONSTRUCTION REQUIREMENTS › Section 130-8-001

Current through June 17, 2024
Livestock waste control facilities shall be designed and constructed to
	 allow application or utilization of livestock wastes at those times compatible
	 with crop management and available waste handling equipment. Factors to account
	 for include, but are not limited to, the maximum length of time anticipated
	 between emptying events, the frequency of emptying events or dewatering, the
	 hydraulic limitations of the land application areas, the nutrient content and
	 concentration in the storage structure, and the appropriate timing of land
	 application as specified in the applicable technical standards for nutrient
	 management.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 8 - WASTE CONTROL METHODS: DESIGN CRITERIA AND CONSTRUCTION REQUIREMENTS › Section 130-8-002

Current through June 17, 2024
The minimum design storage capacity for construction or modification of
	 a livestock waste control facility for any concentrated animal feeding
	 operation shall provide adequate storage capacity for all manure, litter, and
	 process wastewater (process wastewater includes runoff which has come into
	 contact with animal waste) generated during the storage period; all runoff or
	 the runoff from a 25-year, 24-hour rainfall event (whichever criterion is
	 applicable as identified in Chapter 7); any net positive amount from normal
	 precipitation less evaporation during the storage period; and any additional
	 storage needed to meet management goals or other regulatory requirements. The
	 storage period shall be no less than the maximum length of time between planned
	 land application or disposal events. Specific minimums apply for certain types
	 of operations as follows:
002.01 For
  open lot animal feeding operations, the minimum storage period capacity shall
  be no less than the calculated average runoff for the month of June, runoff
  from a 25-year, 24-hour rainfall event, and any manure, litter, and process
  wastewater produced for the month of June.
002.02 The minimum storage period for totally
  housed operations shall be no less than 180 days. Except, the applicant may
  request the Director to establish a substantially equivalent alternative
  storage period which is less than 180 days based upon a satisfactory
  demonstration that the proposed alternative time period will achieve overall
  environmental performance which is at least equal to that achieved by providing
  adequate storage for the specified 180 days. The Director may require any
  additional supporting information deemed necessary to support such a
  request.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 8 - WASTE CONTROL METHODS: DESIGN CRITERIA AND CONSTRUCTION REQUIREMENTS › Section 130-8-003

Current through June 17, 2024
Freeboard is required for all storage structures and is a separate
	 requirement from the minimum design storage capacity above. Freeboard is no
	 less than the required vertical separation from the elevation at which liquid
	 will flow out of the facility down to the required minimum storage capacity.
	 Freeboard varies for different types of facilities as follows:
003.01 For earthen structures such as holding
  ponds whether using an earthen liner or synthetic liner, 1.5 feet;
003.02 For uncovered vertical walled
  structures such as concrete or steel tanks, twelve inches; and
003.03 For covered vertical wall structures
  such as underfloor pits, six inches.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 8 - WASTE CONTROL METHODS: DESIGN CRITERIA AND CONSTRUCTION REQUIREMENTS › Section 130-8-004

Current through June 17, 2024
For small and medium animal feeding operations, the applicant may
	 propose a substantially equivalent alternative storage period or design subject
	 to the Department approval.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 8 - WASTE CONTROL METHODS: DESIGN CRITERIA AND CONSTRUCTION REQUIREMENTS › Section 130-8-005

Current through June 17, 2024
Surface drainage shall be diverted around the production area and
	 livestock waste control facility to the maximum extent possible by diversion
	 terrace, berm, ditch, or similar diversion, subject to Department approval. Any
	 such diversion shall be designed and constructed to convey all runoff or at
	 least the runoff and the direct precipitation from the peak discharge of a
	 25-year, 24-hour rainfall event (whichever criterion is applicable as
	 identified in Chapter 7). Any open diversion will not be less than 1.5 feet in
	 channel depth.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 8 - WASTE CONTROL METHODS: DESIGN CRITERIA AND CONSTRUCTION REQUIREMENTS › Section 130-8-006

Current through June 17, 2024
Percolation for existing livestock waste control facilities, as defined
	 in these regulations, and for those facilities permitted prior to February 20,
	 2000, shall not exceed 0.25 inches per day ( 7.35 x
	 10-6 cm/sec), except that facilities that are
	 subsequently modified in capacity or structure shall meet the percolation
	 requirements for new construction. The Department may request that the
	 applicant or permittee provide an engineering evaluation or assessment as
	 outlined in Chapter 2.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 8 - WASTE CONTROL METHODS: DESIGN CRITERIA AND CONSTRUCTION REQUIREMENTS › Section 130-8-007

Current through June 17, 2024
Any new livestock waste control facilities or any expansion of a
	 livestock waste control facility shall be constructed in a location and with
	 soils that are structurally capable of supporting the liner and meeting the
	 percolation limits as applicable. Earthen liners shall be constructed of
	 materials and with construction methods so that percolation does not exceed
	 0.13 inches per day ( 3.82 x 10-6 cm/sec). The
	 design shall specify liner thickness. Where a flexible membrane liner is used,
	 a properly compacted soil sub-base shall be constructed below the liner with a
	 minimum thickness of six inches. Structural determinations are required for
	 earthen structures that are steeper than 2 horizontal to 1 vertical for
	 proposed facilities. Verification of the percolation rate is required, in a
	 manner approved by the Department, for all earthen liners. Seam testing for
	 flexible membrane liners is required to verify watertight
	 seams.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 8 - WASTE CONTROL METHODS: DESIGN CRITERIA AND CONSTRUCTION REQUIREMENTS › Section 130-8-008

Current through June 17, 2024
A method for measuring accumulations of manure, litter, and process
	 wastewater is required. For underfloor pits, tanks, and similar storage devices
	 or structures with limited access, the applicant may propose a method of
	 measuring manure, litter, or process wastewater accumulations, subject to the
	 Department approval. A permanent depth marker is required for all other storage
	 or treatment structures, including runoff holding ponds, liquid manure storage
	 pits, and treatment lagoons. The marker shall be made of a durable material,
	 permanently fixed, referenced to a permanently fixed bench mark or fixed
	 elevation reference point adjacent to and outside of the waste containment
	 area, located where the depth marks can be easily and safely viewed for
	 facility management and inspections, clearly marked in at least one-foot
	 increments, with a reference number or numbers, and with the following clearly
	 marked:
008.01 The freeboard
  level;
008.02 The level indicating
  the volume needed to contain all runoff and direct precipitation, or the runoff
  and direct precipitation of the 25-year, 24-hour rainfall event, as
  appropriate. Pumping shall begin as soon as possible anytime this storage level
  is exceeded. This can be identified as the "must pump level";
008.03 The level indicating the volume needed
  for the minimum design storage capacity. The capacity required for the storage
  period volume shall be available prior to the start of the storage period. In
  no case shall the minimum storage period be less than needed to provide
  adequate storage through the winter months. This can be identified as the
  "winter pumpdown level"; and
008.04
  For lagoons, the level needed for the minimum treatment volume, marked on the
  depth marker or clearly posted on a sign adjacent to the lagoon. The minimum
  treatment volume is the amount of liquid needed to maintain proper lagoon
  function to be considered a lagoon for land application purposes and this
  volume shall be maintained above any sludge accumulations.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 8 - WASTE CONTROL METHODS: DESIGN CRITERIA AND CONSTRUCTION REQUIREMENTS › Section 130-8-009

Current through June 17, 2024
Security devices and methods are required to prevent tampering with
	 drain valves, where such valves are used on irrigation distribution systems or
	 equipment loading areas.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 9 - LOCATION RESTRICTIONS AND SETBACKS: WELLS, GROUND WATER, COLD WATER CLASS A STREAM WATERSHEDS › Section 130-9-001

Current through June 17, 2024
A livestock waste control facility shall not be constructed:
001.01 Within 100 feet of any well used for
  domestic purposes. For the purposes of these regulations, domestic water well
  means a water well providing water to any water supply system furnishing water
  for human consumption other than a public water supply system; for the watering
  of livestock, poultry, farm, and domestic animals; or for the irrigation of
  lands not exceeding an area of two acres;
001.02 Within 1000 feet of a public drinking
  water supply well, unless the applicant furnishes the Department with
  field-derived data giving estimates of the depth, velocity and flow direction
  of ground water which support the contention that the facility will not result
  in ground water contamination and after review, the Department
  concurs;
001.03 In an area or in
  such a manner that, in the Department's judgment, there is a substantial threat
  of beneficial use impairment to surface waters of the State as defined in Title
  117 (Nebraska Administrative Code) - Nebraska Surface Water Quality
  Standards;
001.04 Where the
  Department determines that ground water may be contaminated; or
001.05 Less than four feet above the seasonal
  high ground water level. Except, that a facility for an existing animal feeding
  operation may, with Department approval, be located less than four feet above
  the seasonal high ground water level, if the design provides for structural
  stability, a maximum operating depth of six feet, and provisions are made to
  maintain the facility. In addition, for a facility located at or below the
  seasonal high ground water level a low permeability liner with saturated
  hydraulic conductivity of 1x10-7 cm/sec., or less,
  and at least one foot in thickness or equivalent shall be utilized.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 9 - LOCATION RESTRICTIONS AND SETBACKS: WELLS, GROUND WATER, COLD WATER CLASS A STREAM WATERSHEDS › Section 130-9-002

Current through June 17, 2024
The Department will not accept an application or issue a permit for an
	 animal feeding operation with an existing livestock waste control facility if
	 the facility is located within 100 feet of a domestic water well not owned by
	 the operation. The Department may permit an existing livestock waste control
	 facility, located within 100 feet of a well owned by the operation, based upon
	 an evaluation of the following conditions:
002.01 Depth to ground water;
002.02 Known flow direction of ground
  water;
002.03 Structural integrity
  of the facility and, if known, the well; and
002.04 Any other circumstance that may
  adversely affect ground water quality.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 9 - LOCATION RESTRICTIONS AND SETBACKS: WELLS, GROUND WATER, COLD WATER CLASS A STREAM WATERSHEDS › Section 130-9-003

Current through June 17, 2024
No new animal feeding operation shall be issued a National Pollutant
	 Discharge Elimination System permit or a construction and operating permit in
	 any part of a watershed that feeds directly or indirectly into a cold water
	 class A stream, delineated pursuant to Neb. Rev. Stat. §
									54-2421.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 9 - LOCATION RESTRICTIONS AND SETBACKS: WELLS, GROUND WATER, COLD WATER CLASS A STREAM WATERSHEDS › Section 130-9-004

Current through June 17, 2024
An existing animal feeding operation may not expand if its livestock
	 waste control facility is located within one mile of a designated cold water
	 class A stream segment delineated pursuant to Neb. Rev. Stat. §
									54-2421,
	 and in the same cold water class A stream watershed as the animal feeding
	 operation, except that an existing animal feeding operation used for research
	 sponsored by the University of Nebraska at a facility owned by the University
	 of Nebraska may expand if the Department determines, based on scientific
	 information provided in the application or other available scientific
	 information, that the proposed expansion does not pose a potential threat to
	 the stream.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 9 - LOCATION RESTRICTIONS AND SETBACKS: WELLS, GROUND WATER, COLD WATER CLASS A STREAM WATERSHEDS › Section 130-9-005

Current through June 17, 2024
Existing animal feeding operations may receive a new or modified
	 National Pollutant Discharge Elimination System permit, a new or modified
	 construction and operating permit, a modified operating permit, or a modified
	 construction approval if:
005.01 The
  existing animal feeding operation does not currently have a NPDES permit or a
  construction and operating permit, and, upon inspection by the Department, a
  determination is made that one is necessary;
005.02 The existing animal feeding operation
  modifies its operation, but does not expand its approved livestock waste
  control facility;
005.03 The
  existing animal feeding operation livestock waste control facility is located
  more than two miles from a designated cold water class A stream segment
  delineated pursuant to Neb. Rev. Stat. §
									54-2421
  and in the same cold water class A stream watershed as the animal feeding
  operation; or
005.04 The existing
  animal feeding operation or livestock waste control facility is located less
  than two miles, but more than one mile, from a cold water Class A stream
  delineated pursuant to Neb. Rev. Stat §
									54-2421,
  and the Department determines, based on scientific information provided in the
  application or other available scientific information that the proposed
  expansion does not pose a potential threat to the stream.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 9 - LOCATION RESTRICTIONS AND SETBACKS: WELLS, GROUND WATER, COLD WATER CLASS A STREAM WATERSHEDS › Section 130-9-006

Current through June 17, 2024
The Department may deny or restrict an application for a transfer or
	 major modification of an existing NPDES permit or a construction and operating
	 permit based upon the potential degradation of a cold water class A
	 stream.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 9 - LOCATION RESTRICTIONS AND SETBACKS: WELLS, GROUND WATER, COLD WATER CLASS A STREAM WATERSHEDS › Section 130-9-007

Current through June 17, 2024
For large concentrated animal feeding operations, manure, litter, and
	 process wastewater may not be stockpiled or applied closer than 100 feet to any
	 down-gradient surface waters, open tile line intake structures, well heads, or
	 other conduits to surface or ground water, except that one of the following two
	 compliance alternatives may be substituted for the application setback
	 requirement:
007.01 A 35-foot-wide
  vegetated buffer where the application of manure, litter, or process wastewater
  is prohibited. For the purposes of these regulations vegetated buffer means a
  permanent strip of dense perennial vegetation established parallel to the
  contours of and perpendicular to the dominant slope of the field for the
  purposes of slowing water runoff, enhancing water infiltration, and minimizing
  the risk of any potential nutrients or pollutants from leaving the field and
  reaching waters of the state; or
007.02 A satisfactory demonstration that a
  setback or buffer is not necessary because implementation of alternative
  conservation practices will provide pollutant reductions equal to or better
  than reductions that would be achieved by the 100-foot setback.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 9 - LOCATION RESTRICTIONS AND SETBACKS: WELLS, GROUND WATER, COLD WATER CLASS A STREAM WATERSHEDS › Section 130-9-008

Current through June 17, 2024
For small and medium concentrated animal feeding operations and animal
	 feeding operations not required to seek permit coverage, manure, litter, and
	 process wastewater may not be stockpiled or applied closer than 30 feet of any
	 streams, lakes and impounded waters identified in Chapter 6 and Chapter 7 of
	 Title 117 (Nebraska Administrative Code) - Nebraska Surface Water Quality
	 Standards, unless in accordance with a Department approved nutrient management
	 plan.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 10 - DISPOSAL THROUGH AN IRRIGATION DISTRIBUTION SYSTEM; EQUIPMENT REQUIREMENTS › Section 130-10-001

Current through June 17, 2024
An animal feeding operation proposing to use an irrigation distribution
	 system for disposal shall submit a plan to the Department for its approval
	 detailing the type and location of mechanical devices to be installed. The plan
	 shall clearly indicate whether or not there are any water source connections
	 (such as well heads or surface water diversions), show the location of the
	 water source, indicate whether or not the system will be completely
	 disconnected from the water source when the irrigation system is used for land
	 application, and detail the type and location of all piping and mechanical
	 devices.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 10 - DISPOSAL THROUGH AN IRRIGATION DISTRIBUTION SYSTEM; EQUIPMENT REQUIREMENTS › Section 130-10-002

Current through June 17, 2024
Any irrigation distribution system through which livestock wastes are
	 distributed shall be equipped with the mechanical devices specified in Section
004
below. These devices are not required for systems
	 not connected to a source of ground or surface water; or for open discharge
	 systems, if livestock waste is introduced at a point in the system where the
	 force of gravity cannot cause water and waste to flow back to the point from
	 which the water was pumped or diverted. The equipment shall be installed in
	 accordance with the manufacturer's specifications and at the location specified
	 in Section
004
below.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 10 - DISPOSAL THROUGH AN IRRIGATION DISTRIBUTION SYSTEM; EQUIPMENT REQUIREMENTS › Section 130-10-003

Current through June 17, 2024
The Department may rely on inspections conducted by the Natural
	 Resources Districts, pursuant to Title 195 (Nebraska Administrative Code) -
Rules and Regulations Pertaining to Chemigation
, to
	 help verify compliance with the requirements of this Chapter.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 10 - DISPOSAL THROUGH AN IRRIGATION DISTRIBUTION SYSTEM; EQUIPMENT REQUIREMENTS › Section 130-10-004

Current through June 17, 2024
The irrigation distribution system mechanical devices shall consist of
	 an irrigation pipeline check valve, vacuum relief valve, inspection port and
	 low pressure drain.
004.01 The
  irrigation pipeline check valve shall be located in the pipeline between the
  irrigation pump and the point of livestock waste injection into the irrigation
  pipeline and provide a watertight seal. An irrigation distribution system not
  equipped with a check valve or with a check valve that provides a watertight
  seal against reverse flow shall be equipped with a check valve model certified
  to the Director as meeting the leakage test requirements in Appendix I of Title
  195 (Nebraska Administrative Code) -
Rules and Regulations
  Pertaining to Chemigation.
004.02 The vacuum relief valve shall be
  located on the pipeline between the irrigation pump and the irrigation pipeline
  check valve. Its purpose is to prevent creation of a vacuum when the water flow
  stops.
004.03 The inspection port
  or other viewing device shall be located on the pipeline between the irrigation
  pump and the irrigation pipeline check valve. In many cases the vacuum relief
  valve connection can serve as the inspection port.
004.03A The inspection port or viewing device
  shall be situated in such a manner that the inlet to the low pressure drain can
  be observed.
004.03B A minimum
  four-inch diameter orifice or viewing area is required.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 11 - BEST MANAGEMENT PRACTICES › Section 130-11-001

Current through June 17, 2024
Animal feeding operations and livestock waste control facilities shall
	 be operated and maintained to prevent water pollution and to protect the
	 environment of the State. Best management practices shall be implemented using
	 the most effective methods based on the best available technology achievable
	 for specific sites to prevent or reduce the discharge of pollutants to waters
	 of the State and control odor where appropriate.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 11 - BEST MANAGEMENT PRACTICES › Section 130-11-002

Current through June 17, 2024
Livestock wastes collected in the facilities for totally housed animal
	 feeding operations shall be land applied onto application areas on dewatering
	 days at a rate to prevent a discharge from the facilities. A minimum of 180
	 days of storage shall be provided prior to the winter months, except as
	 provided for in Chapter 8.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 11 - BEST MANAGEMENT PRACTICES › Section 130-11-003

Current through June 17, 2024
Any time the waste storage volume in the livestock waste control
	 facility exceeds the level identified in
008.02
in
	 Chapter 8 (i.e. the "must pump level"), livestock wastes shall be land applied
	 on all available dewatering days until adequate storage is
	 restored.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 11 - BEST MANAGEMENT PRACTICES › Section 130-11-004

Current through June 17, 2024
Appropriate waste handling equipment for emptying and cleaning
	 facilities shall be available as needed to operate and maintain the facility to
	 meet the capacity and storage requirements. Adequate application area shall be
	 available at all times when land application is necessary.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 11 - BEST MANAGEMENT PRACTICES › Section 130-11-005

Current through June 17, 2024
All livestock wastes removed from the facility and the animal feeding
	 operation itself shall be land applied or stockpiled in a manner which will not
	 contribute to water pollution. The owner or authorized representative shall
	 remain responsible for wastes removed from the operation to land under his or
	 her control.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 11 - BEST MANAGEMENT PRACTICES › Section 130-11-006

Current through June 17, 2024
Stockpiles of livestock waste shall be located to prevent a discharge
	 to waters of the state. Stockpiles shall be managed as necessary by use of
	 cover material, diking, or other means to prevent discharge until the stockpile
	 material is utilized.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 11 - BEST MANAGEMENT PRACTICES › Section 130-11-007

Current through June 17, 2024
Sludge accumulation levels shall not exceed the maximum sludge depth
	 identified in the facility design. When sludge, sediment, or other solid or
	 liquid accumulations are removed from the facilities, the equipment used for
	 the removal shall not be allowed to impact the integrity of the liner or
	 compromise the structure of the facility. Sludge or solids shall not be allowed
	 to accumulate such that it cannot be disposed of agronomically as provided for
	 in Chapter 14. Any removed accumulations shall not be stockpiled where it is
	 likely to reach waters of the State.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 11 - BEST MANAGEMENT PRACTICES › Section 130-11-008

Current through June 17, 2024
Minimum treatment volumes shall be maintained for lagoons. On initial
	 startup, fresh water shall be added to a depth of at least four feet prior to
	 adding any wastes. Additional water shall be added as needed for the minimum
	 treatment volume to be attained within six months. Slug loading shall be
	 avoided and the level needed for the minimum treatment volume shall be
	 maintained.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 11 - BEST MANAGEMENT PRACTICES › Section 130-11-009

Current through June 17, 2024
In the event of an accident or emergency, such as a spill, release or
	 discharge of animal waste due to such events as power failures, large storms,
	 leaks or breaks in water supply systems, component failure of the waste control
	 facilities and any releases during land application due to equipment failure or
	 accidents or irrigation equipment failure, the owner or authorized
	 representative will take actions as needed to stop the cause, contain and
	 control any release, and cleanup any affected areas. Any discharge of waste
	 shall be reported to the Department within 24 hours of the event. A written
	 report is also required to be submitted to the Department within five days of
	 the event. The Department may require additional actions or additional
	 information.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 11 - BEST MANAGEMENT PRACTICES › Section 130-11-010

Current through June 17, 2024
Livestock waste control facilities shall be maintained in proper
	 operating condition. Weed growth that prevents or limits facility inspections
	 shall be routinely removed. Animals shall not be allowed access to livestock
	 waste control facility liners or allowed to otherwise compromise liner
	 integrity. Animal contact with facility structures, including berms and
	 diversions, shall be prevented or minimized to avoid damage to these
	 structures. Structures subject to animal contact shall be included in routine
	 inspections. Structures shall be maintained to prevent the growth of trees and
	 shrubs and any such growth routinely removed.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 11 - BEST MANAGEMENT PRACTICES › Section 130-11-011

Current through June 17, 2024
The owner of an animal feeding operation shall maintain the production
	 area for periods of time when it is not in operation. If the operation has been
	 discontinued and ceased operation, the following minimum closure requirements
	 shall also be followed:
011.01 Remove
  all accumulated manure, litter, and process wastewater, including any sludge
  and sediment; follow agronomic practices including the sampling and testing of
  any wastes removed; and dispose in an agronomic manner; and
011.02 Continue ground water monitoring, as
  required, unless the Department has vacated the monitoring requirement. If the
  ground water monitoring requirement has been vacated, monitoring wells shall be
  properly decommissioned.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 11 - BEST MANAGEMENT PRACTICES › Section 130-11-012

Current through June 17, 2024
Chemicals and chemical rinsates shall be properly used and disposed of
	 according to label directions and any applicable regulations. Livestock waste
	 control facilities shall not be used for the disposal of chemicals except for
	 trace amounts normally found in process wastewater, such as spent foot bath
	 water.