reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 124 - ONSITE WASTEWATER TREATMENT SYSTEMS › Chapter 9 - CERTIFICATION REQUIREMENTS › Section 124-9-009 - Professional Development Hours (PDH)

Current through June 17, 2024
009.01 Required
  PDHs for Certificate Renewal. A certified professional will successfully
  complete a minimum of 12 PDHs of continuing education during every two-year
  certificate period.
009.01A For a certificate
  issued in the first or even numbered year of the two-year certificate period a
  certified professional will successfully complete a minimum of 12 PDHs of
  continuing education during the first certificate period.
009.01B For certificates issued in the second
  or odd numbered year of the two-year certificate period there are no PDH
  requirements until the next 2-year cycle.
009.01C PDHs completed within 30 days prior
  to obtaining initial certification by examination will be accepted for the
  purposes of complying with the PDH requirement for certificate
  renewal.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 124 - ONSITE WASTEWATER TREATMENT SYSTEMS › Chapter 9 - CERTIFICATION REQUIREMENTS › Section 124-9-010 - Certification Endorsement

Current through June 17, 2024
010.01 An
  endorsement may be issued, upon successful completion of examination,
  authorizing the certified professional so endorsed to engage in special
  activities or procedures that require advanced training or skills identified in
  this Title as requiring an endorsement to perform.
010.02 An endorsement to engage in a special
  activity or procedure will only be issued to a person holding a valid
  certificate in the appropriate category.
010.03 Application and Examination for
  Endorsement. Application for endorsement is to include submittal of a completed
  form provided by the Department and submittal of the endorsement application
  fee and the examination fee in accordance with the fee schedule (Appendix A). A
  separate application and examination fee will be required for each endorsement
  examination.
010.03A Any application received
  less than five days prior to a scheduled examination date may be held for the
  next scheduled examination date.
010.03B Applicants will be required to show
  photographic identification at the examination site to be admitted for
  examination.
010.03C Applicants
  will be notified in writing regarding examination results. Results will be
  reported as either pass or fail.
010.03D Applicants who pass an examination
  for endorsement will be issued an endorsement to their certificate.
010.03E Applicants who fail and desire to be
  re-examined for endorsement are to submit an application and the examination
  fee as specified in 010.03 above.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 124 - ONSITE WASTEWATER TREATMENT SYSTEMS › Chapter 9 - CERTIFICATION REQUIREMENTS › Section 124-9-013

Current through June 17, 2024
Notice of a disciplinary action taken in accordance with Neb. Rev.
	 Stat. §
									81-15,249
	 will be issued by the director through certified mail to the affected
	 certificate holder at that individual's last known address. That notice will
	 state the reason(s) for the action, the effective date of the action, and the
	 steps the certificate holder may take to contest the action.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 124 - ONSITE WASTEWATER TREATMENT SYSTEMS › Chapter 10 - REGISTRATION OF ONSITE WASTEWATER TREATMENT SYSTEMS › Section 124-10-001

Current through June 17, 2024
On or after January 1, 2004, any onsite wastewater treatment system
	 constructed, reconstructed, altered, modified, or otherwise changed by a
	 certified professional, professional engineer, or registered environmental
	 health specialist will be registered in accordance with Neb. Rev. Stat, §
									81-15,248(2).
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 124 - ONSITE WASTEWATER TREATMENT SYSTEMS › Chapter 10 - REGISTRATION OF ONSITE WASTEWATER TREATMENT SYSTEMS › Section 124-10-003

Current through June 17, 2024
Onsite wastewater treatment systems not registered within 45 days will
	 be subject to the initial late registration fee or final late registration fee
	 if registered 91 or more days after completion of the system. Late registration
	 fees will be in addition to the system registration fee as prescribed in the
	 fee schedule of Appendix A.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 124 - ONSITE WASTEWATER TREATMENT SYSTEMS › Chapter 10 - REGISTRATION OF ONSITE WASTEWATER TREATMENT SYSTEMS › Section 124-10-005

Current through June 17, 2024
A certified professional, professional engineer, or registered
	 environmental health specialist is to keep records of all onsite wastewater
	 treatment systems constructed, reconstructed, altered, modified, or otherwise
	 changed and make the records available to the Department upon
	 request.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 124 - ONSITE WASTEWATER TREATMENT SYSTEMS › Chapter 11 - TANK PUMPING AND DOMESTIC SEPTAGE DISPOSAL › Section 124-11-001

Current through June 17, 2024
Domestic septage will be removed from a septic tank whenever the top of
	 the sludge layer is less than 12 inches below the bottom of the outlet baffles,
	 whenever the bottom of the scum layer is less than three inches above the
	 bottom of the outlet baffle, or whenever the top of the scum layer is within
	 one inch of the top of the outlet baffle.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 124 - ONSITE WASTEWATER TREATMENT SYSTEMS › Chapter 11 - TANK PUMPING AND DOMESTIC SEPTAGE DISPOSAL › Section 124-11-004

Current through June 17, 2024
The entire contents of the tank, liquids and solids, will be removed.
	 If tank is refilled after pumping, it will be filled with clear
	 water.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 124 - ONSITE WASTEWATER TREATMENT SYSTEMS › Chapter 11 - TANK PUMPING AND DOMESTIC SEPTAGE DISPOSAL › Section 124-11-005

Current through June 17, 2024
Tank contents will be pumped through the access manhole. Pumping of
	 tank through baffle inspection ports is prohibited unless no other access port
	 or manhole exists and the integrity of the baffle is
	 maintained.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 124 - ONSITE WASTEWATER TREATMENT SYSTEMS › Chapter 11 - TANK PUMPING AND DOMESTIC SEPTAGE DISPOSAL › Section 124-11-006

Current through June 17, 2024
Disinfectant or anti-bacterial products will not be used to clean the
	 tank except as an optional step in preparing the tank for
	 closure.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 124 - ONSITE WASTEWATER TREATMENT SYSTEMS › Chapter 11 - TANK PUMPING AND DOMESTIC SEPTAGE DISPOSAL › Section 124-11-007

Current through June 17, 2024
The allowable methods for disposal of domestic septage will be
	 discharge to a publicly owned wastewater treatment facility, land application
	 as provided for in this chapter, or other methods approved by the Department.
	 Land application of wastewater containing high strength disinfectants,
	 biological inhibitors, or deodorants or similar chemicals (such as those used
	 in camper waste tanks, laboratories, medical or veterinary facilities, or
	 industrial facilities) is prohibited.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 124 - ONSITE WASTEWATER TREATMENT SYSTEMS › Chapter 11 - TANK PUMPING AND DOMESTIC SEPTAGE DISPOSAL › Section 124-11-008

Current through June 17, 2024
Domestic septage may be discharged to a publicly owned wastewater
	 treatment facility that has a designated or certified operator certified with
	 the Department provided that the septage is discharged with written permission
	 of and under all rules, regulations, guidelines, directions, and requests of
	 the facility owner or operator.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 124 - ONSITE WASTEWATER TREATMENT SYSTEMS › Chapter 11 - TANK PUMPING AND DOMESTIC SEPTAGE DISPOSAL › Section 124-11-009

Current through June 17, 2024
Domestic septage may be land applied under the following
	 conditions:
009.01 Only non-public
  contact sites such as agricultural land, forests, and reclamation land are to
  be used for land application of domestic septage.
009.02 Land application of domestic septage
  without the landowner's written permission is prohibited.
009.03 Land application of domestic septage
  is prohibited within the setback distances in Table 23.1.
TABLE 23.1
Feature
Minimum Setback
Surface Water:
100 ft. (30 m.)
Public Drinking Water Supply Wells:
1000 ft. (300 m.)
All Other Water Wells:
200 ft. (60 m.)
Water Lines:
50 ft. (15 m.)
Property Line:
200 ft. (60 m.)
Public Road Right-of Way:
200 ft. (60 m.)
Buildings used for human occupancy:
500 ft. (150 m.)
009.04 Vector
  Attraction Reduction
009.04A Untreated
  domestic septage is to be injected below the surface of the land and no
  significant amount of septage is to be present on the land surface within one
  hour after injection, or
009.04B
  Untreated domestic septage will be incorporated into the soil by disking or
  plowing within six hours after application.
009.04C Domestic septage that is applied to
  the land surface and is not injected or plowed-in within six hours will be
  treated prior to application by raising and holding its pH at a level of 12 or
  higher for a minimum of 30 minutes. The minimum treatment method for raising
  the pH of the domestic septage will be the addition and thorough mixing of no
  less than 50 pounds of hydrated lime per 1,000 gallons of septage.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 124 - ONSITE WASTEWATER TREATMENT SYSTEMS › Chapter 11 - TANK PUMPING AND DOMESTIC SEPTAGE DISPOSAL › Section 124-11-010 - Record Keeping

Current through June 17, 2024
010.01 The Master
  Pumper, Journeyman Pumper, registered environmental health specialist, or
  professional engineer will keep records of all domestic septage pumped for a
  minimum of five years and will make the records available to the Department
  upon request.
010.02 When domestic
  septage is disposed of at a publicly owned wastewater treatment facility, the
  following information will be recorded for each load disposed:
010.02A Date of disposal.
010.02B Name and location of treatment
  facility.
010.02C Total gallons
  disposed per load.
010.02D Date of
  pumping of each tank pumped per load.
010.02E Sources (owner name and address of
  each tank pumped per load).
010.02F
  Gallons pumped from each source per load.
010.02G Name, certificate or license number,
  and signature of the Master Pumper, Journeyman Pumper, registered environmental
  health specialist, or professional engineer who performed the
  pumping.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 124 - ONSITE WASTEWATER TREATMENT SYSTEMS › Appendix A

Current through June 17, 2024
FEE SCHEDULE
Category
Fee
Certification Examination (testing fee)
$50
Certificate by examination for Master Installer, Master
				  Pumper, Soil Evaluator, or Inspector.
$300
Certificate by examination for Journeyman Installer or
				  Journeyman Pumper
$100
Certificate by hardship for Master Installer, Master Pumper,
				  Soil Evaluator, or Inspector
$300
Certificate by hardship for Journeyman Installer or
				  Journeyman Pumper
$100
Renewal of Master Installer, Master Pumper, Soil Evaluator,
				  or Inspector Certificate
$300
Renewal of Journeyman Installer or Journeyman Pumper
				  Certificate
$100
Fee for Late Certification Renewal (no later than 60 days
				  after certificate has expired, sufficient PDH)
$50
Registration of Onsite System
$140
Initial Late System Registration (46 to 90 days
				  late)
$150
Final Late System Registration (91 or more days
				  late)
$450
Application for Permit
$450
Application for Subdivision Review and Approval - Fee is for
				  Each Lot Subject to Approval
$450 per lot
NOTES: All fees apply on the effective date. All fees are
	 non-refundable. Fees apply to any documents received by the Department on or
	 after, the effective date.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 126 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Appendix I

Current through June 17, 2024
Design criteria for paunch storage areas.
1. Static pile or windrow type storage.
a. Ground water must be protected by a layer of soil or other material
	 designed with a maximum percolation rate of 1/8 inch per day or less or by some
	 other method offering equivalent protection.
b. Surface water diversion must be provided so that foreign drainage is
	 diverted around the stored material.
c. Some type of containment structure must be used to capture any
	 runoff from the stored material. This containment structure shall be lined in
	 accordance with the ground water protection requirements in (a) above.
d. The diversion and containment structures shall be designed to handle
	 at least a 25 year, 24-hour rainfall runoff event. In the case of the
	 containment structure, it shall be constructed to handle at least a 25 year,
	 24-hour rainfall runoff event in addition to any normal amount of water which
	 would be present in the structure. The water level may be lowered by using the
	 water for irrigation, injection, land application, or by evaporation or other
	 environmentally acceptable means.
e. Such a storage area shall not be located:
(CF) e
(ii) Within 500 feet of a domestic or municipal water supply
	 well.
(iii) Within 50 feet of surface waters of the state.
(iv) Within a 100 year flood plain unless protected from
	 inundation.
2. Storage lagoon.
a. The storage lagoon should be constructed to comply with the
	 "Recommended Standards for Sewage Works" 1971 Revised Edition, or as amended,
	 prepared under the director of the Great Lakes-Upper Mississippi River board of
	 State Sanitary Engineers.
b. Such a storage area shall not be located:
(CF) e
(ii) Within 500 feet of a domestic or municipal water supply
	 well.
(iii) Within 50 feet of surface waters of the state.
(iv) Within a 100 year flood plain unless protected from
	 inundation.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 126 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - DEFINITIONS › Section 126-1-001 - Affected Environment

Current through June 17, 2024
"Affected Environment" means any portion of the waters of the State or
	 land which has been altered either physically, chemically or biologically due
	 to the release of an oil or hazardous substance.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 126 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - DEFINITIONS › Section 126-1-003 - Best Management Plan

Current through June 17, 2024
"Best Management Plan" means a plan which describes Best Management
	 Practices intended to prevent or minimize the potential for pollution of
	 waters, air or land of the state and to prevent or minimize health problems
	 resulting from the operation.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 126 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - DEFINITIONS › Section 126-1-004 - Best Management Practices (BMP's)

Current through June 17, 2024
"Best Management Practices (BMP's)" means treatment requirements,
	 operating and maintenance procedures, schedules of activities, prohibitions of
	 activities, and other management practices to control site runoff, spillage,
	 leaks, sludge or waste disposal or drainage from raw material or waste
	 storage.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 126 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - DEFINITIONS › Section 126-1-005 - Cleanup

Current through June 17, 2024
"Cleanup" means the physical removal or on-site treatment of an oil or
	 hazardous substance release. This may include, but not be limited to,
	 controlling public access and monitoring activities to determine the
	 effectiveness of removal or treatment activities.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 126 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - DEFINITIONS › Section 126-1-006 - Commence New Source Construction

Current through June 17, 2024
"Commence New Source Construction" means the owner or operator
	 has:
006.01 Begun, or caused to begin
  as part of a continuous onsite construction program:
006.01A Any placement, assembly, or
  installation of facilities or equipment;
006.01B Significant site preparation work
  including clearing, excavation, or removal of existing buildings, structures,
  or facilities which is necessary for the placement, assembly, or installation
  of new source facilities or equipment; or
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 126 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - DEFINITIONS › Section 126-1-010 - Dedicated paunch manure application site

Current through June 17, 2024
"Dedicated paunch manure application site" means land where materials
	 are applied at a high rate (more than ten (10) dry tons per acre cropping
	 season) primarily as a solution to a waste problem. It would include both land
	 treatment and on-site storage.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 126 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - DEFINITIONS › Section 126-1-015 - Discharge of a pollutant

Current through June 17, 2024
"Discharge of a pollutant" and "discharge of pollutants" each means
	 any addition of any pollutant or combination of pollutants to waters of the
	 state from any point or nonpoint source. This includes discharge into waters of
	 the state from surface runoff which is collected or channelled by man;
	 discharges through pipes, sewers, or other conveyances, owned by a state,
	 municipality or other party which do not lead to treatment
	 systems.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 126 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - DEFINITIONS › Section 126-1-016 - Dry ton

Current through June 17, 2024
"Dry ton" means a theoretical weight of 2000 pounds of material at 0%
	 moisture used in calculating an actual amount of material for land application
	 or other purposes. For sample calculations and actual amounts of material at
	 various moisture contents see Appendix II.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 126 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - DEFINITIONS › Section 126-1-021 - Hazardous Substance

Current through June 17, 2024
"Hazardous Substance" means any substance or mixture of substances
	 other than oil and petroleum related products or radioactive substances which,
	 when released into the environment, presents an imminent and substantial hazard
	 to the public health or welfare, including but not limited to, fish, shellfish
	 or other wildlife, and:
021.01 Any
  substance designated pursuant to Chapter 4,
002
through
005
of the Rules and Regulations Governing
  Hazardous Waste Management in Nebraska;
021.02 Any substance designated by the United
  States Environmental Protection Agency pursuant to Sections 101(14) of the
  Comprehensive Environmental Response, Compensation and Liability Act of 1980 or
  Section 329(3) of the Emergency Planning and Community Right-to-Know Act of
  1986.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 126 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - DEFINITIONS › Section 126-1-022 - Hazardous Waste

Current through June 17, 2024
"Hazardous Waste" shall be consistent with the definitions found in
	 Title 128 - Rules and Regulations Governing Hazardous Waste Management in
	 Nebraska.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 126 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - DEFINITIONS › Section 126-1-027 - Municipality

Current through June 17, 2024
"Municipality" means a city, town, borough, county, parish, district,
	 association, or other public body created by or pursuant to state law and
	 having jurisdiction over disposal of sewage, industrial wastes, or other wastes
	 or an Indian tribe or an authorized Indian tribal organization, or a designated
	 and approved management agency under Section 208 of the Clean Water Act,
	 33 U.S.C.
	 1251 et seq.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 126 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - DEFINITIONS › Section 126-1-029 - Non-dedicated paunch manure application site

Current through June 17, 2024
"Non-dedicated paunch manure application site" means land where paunch
	 manure is applied at a low rate (less than ten (10) dry tons per acre per
	 cropping season) with the primary purpose of enhancing crop growth and on-site
	 storage is not practiced. Such sites need not be permitted.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 126 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - DEFINITIONS › Section 126-1-030 - Oil

Current through June 17, 2024
"Oil" means oil of any kind or in any form, including, but not limited
	 to:
030.01 Petroleum, fuel oil, oil
  refuse, and oil mixed with wastes other than dredged spoil (Section 311(a)(1)
  of the Federal Clean Water Act) and;
030.02 Fats and oils from animals and
  vegetable sources.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 126 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - DEFINITIONS › Section 126-1-033 - Permit

Current through June 17, 2024
"Permit" means any permit issued by the Director under Neb. Rev. Stat.
	 §§
									81-1501
	 through
	 81-1533
	 (Reissue 1981).
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 126 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - DEFINITIONS › Section 126-1-034 - Person

Current through June 17, 2024
"Person" means any federal agency, individual, partnership,
	 association, public or private corporation, trustee, receiver, assignee, agent,
	 municipality, or governmental subdivision, public agency, officer or governing
	 or managing body of any municipality, governmental subdivision or public
	 agency, or any other legal entity except the Department.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 126 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - DEFINITIONS › Section 126-1-036 - Release

Current through June 17, 2024
"Release" means, but is not limited to, any discharging, spilling,
	 leaking, pumping, emitting, emptying or dumping of oil or hazardous substances
	 upon land, beneath the surface of the land, or into waters of the State, either
	 by accident or otherwise.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 126 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - DEFINITIONS › Section 126-1-037 - Remedial action

Current through June 17, 2024
"Remedial action" means any immediate or long-term response to a
	 release or suspected release of an oil or hazardous substance, including
	 precision testing of tanks and lines, site investigation, drilling, cleanup,
	 restoration, mitigation, and any other action which the Department determines
	 is reasonable and necessary.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 126 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - DEFINITIONS › Section 126-1-038 - Responsible Person

Current through June 17, 2024
"Responsible Person" means any person producing, handling, storing,
	 transporting, refining, or disposing of an oil or hazardous substance when a
	 release occurs, either by accident or otherwise. This includes carriers and any
	 other person in control of an oil or hazardous substance when a release occurs,
	 whether they own the oil or hazardous substances or are operating under a
	 lease, contract, or other agreement with the legal owner
	 thereof.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 126 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - DEFINITIONS › Section 126-1-040 - Schedule of Compliance

Current through June 17, 2024
"Schedule of Compliance" means a schedule of remedial measures
	 contained within the permit including an enforceable sequence of actions or
	 operations leading to compliance with an effluent limitation, other limitation,
	 prohibition, or standard, or other permit requirement.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 126 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - DEFINITIONS › Section 126-1-041 - Sludge

Current through June 17, 2024
"Sludge" means any solid, semisolid or liquid waste generated from a
	 municipal, commercial, or industrial wastewater treatment plant, water supply
	 treatment plant, or air pollution control facility or any other such waste
	 having similar characteristics and effects.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 126 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - DEFINITIONS › Section 126-1-045 - Waters of the state

Current through June 17, 2024
"Waters of the state" means all waters within the jurisdiction of this
	 state, including all streams, lakes, ponds, impounding reservoirs, marshes,
	 wetlands, watercourses, waterways, wells, springs, irrigation systems, drainage
	 systems, and all other bodies or accumulations of water, surface or
	 underground, natural or artificial, public or private, situated wholly or
	 partly within or bordering upon the state.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 126 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - DEFINITIONS › Section 126-1-046 - Wetlands

Current through June 17, 2024
"Wetlands" means those areas that are inundated or saturated by
	 surface or groundwater at a frequency and duration sufficient to support, and
	 that under normal circumstances to 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 126 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 2 - WASTE MANAGEMENT PERMITS AND LICENSES › Section 126-2-001 - Permit Required

Current through June 17, 2024
This chapter applies to all owners or operators of the following
	 activities or operations unless as otherwise provided in these
	 regulations:
Open burning (Chapter 7);
Land application of effluent (Chapter 8);
Land application of sludge (Chapter 9);
Land application of paunch (Chapter 10);
Agricultural by-products (Chapter 11);
Fertilizer and pesticide washwater (Chapter 12);
Septic tank pumpings (Chapter 15);
Wastewater treatment facility grit and screenings (Chapter 16);
Accumulation of junk (Chapter 17);
Oils and hazardous materials spills (Chapter 18); and
Bank stabilization (Chapter 19).
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 126 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 2 - WASTE MANAGEMENT PERMITS AND LICENSES › Section 126-2-002 - Existing Activities or Operations

Current through June 17, 2024
Owners or operators of existing activities or operations specified in
	 paragraph 001 of this chapter shall submit an application to the Department
	 within one-hundred eighty (180) days after the effective date of these
	 regulations.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 126 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 2 - WASTE MANAGEMENT PERMITS AND LICENSES › Section 126-2-003 - New Activities or Operations

Current through June 17, 2024
003.01 Any person who is proposing to
  construct and/or operate any activity or operation specified in paragraph 001
  of this Chapter shall submit to the Department a waste management permit
  application on a form designated and furnished by the Department at least
  one-hundred eighty (180) days prior to physical construction and/or operation,
  whichever is applicable;
003.02 The
  one hundred eighty (180) days requirement may be reduced with the approval of
  the Director; and
003.03 Operation
  shall not commence until a permit is issued.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 126 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 2 - WASTE MANAGEMENT PERMITS AND LICENSES › Section 126-2-004 - Contents of Application

Current through June 17, 2024
004.01 All applicants shall provide the
  following information to the Director:
004.01A The activity or operation conducted
  by the applicant which requires a permit and a brief description of the nature
  of the business;
004.01B The
  owner/operator's name, address, telephone number, ownership status, and status
  as federal, state, private, public or other entity;
004.01C The legal description of each
  location of the activity or operation;
004.01D The name of and distance to the
  nearest surface water from the activity or operation; and
004.01E Whether the applicant has ever been
  issued a permit or license from the Department, and if so, the reason for the
  termination of such permit or license.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 126 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 2 - WASTE MANAGEMENT PERMITS AND LICENSES › Section 126-2-005 - Signatures; Application and Reports

Current through June 17, 2024
005.01 All permit applications submitted to
  the Department and all reports, required by such permits to be submitted to the
  Department, shall be signed:
005.01A In the
  case of a corporation, by a principal executive officer of at least the level
  of vice-president;
005.01B In the
  case of a partnership or sole proprietorship, by a general partner or the sole
  proprietor, respectively; and
005.01C In the case of a municipal, state,
  federal or other public facility by either a principal executive officer or
  ranking elected official; or
005.01D By a duly authorized representative
  of the persons described in paragraphs 005.01A to 005.01C of this Chapter if
  such representative is responsible for the overall operation of the activity,
  the authorization is made in writing by the person designated in paragraphs
  005.01A to 005.01C of this chapter, and the written authorization is submitted
  to the Director.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 126 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 2 - WASTE MANAGEMENT PERMITS AND LICENSES › Section 126-2-006 - Application; Additional Information Requests

Current through June 17, 2024
The one-hundred eighty (180) days filing requirement for permits shall
	 commence after all the necessary information has been received by the
	 Department. No waste management permit application submitted to the Department
	 shall be considered for processing until all information necessary to complete
	 the application or additional information as required by the Department has
	 been received.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 126 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 2 - WASTE MANAGEMENT PERMITS AND LICENSES › Section 126-2-007 - Permit Conditions; General

Current through June 17, 2024
The following general conditions may apply to all waste management
	 permits:
007.01 Duration, see
  paragraph 008 of this Chapter;
007.02 Compliance schedules and reporting
  requirements thereunder, see paragraph 011 of this Chapter;
007.03 Commencement of operations within two
  (2) years after issuance of the permit.
007.04 Retention by permittee of any records
  required by this Chapter for a minimum of three (3) years; and
007.05 Responsibility of permittee to comply
  with all other applicable local, state, and federal requirements.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 126 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 2 - WASTE MANAGEMENT PERMITS AND LICENSES › Section 126-2-008 - Duration

Current through June 17, 2024
Except as provided in paragraph 011 of this Chapter, each issued waste
	 management permit shall have a fixed term not to exceed five (5)
	 years.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 126 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 2 - WASTE MANAGEMENT PERMITS AND LICENSES › Section 126-2-009 - Transferability of Permits

Current through June 17, 2024
009.01 A waste management permit may be
  transferred to another person if the Department is notified in writing at least
  sixty (60) days prior to the proposed transfer. The notice shall include a
  written agreement between the permittee and the proposed permittee indicating a
  date for permit responsibility and transfer, and no objection is made by the
  Department within the sixty (60) days;
009.02 If a transfer will result in a change
  in any circumstances that will affect the conditions in the permit, the request
  to transfer shall be treated as a modification in accordance with paragraph 013
  of this Chapter; and
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 126 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 2 - WASTE MANAGEMENT PERMITS AND LICENSES › Section 126-2-010 - Variance from Design Criteria

Current through June 17, 2024
010.01 An applicant for a waste management
  permit may apply to the Director for the use of less stringent design criteria
  for its activity or operation during the term of its permit than the applicable
  design criteria specified in these regulations pursuant to Neb. Rev. Stat.
  §
									81-1513
  (Reissue 1981).
010.02
010.02A Failure to satisfy the requirements
  of such statute shall be treated as a permit denial and shall be noticed
  pursuant to paragraph 016 of this Chapter;
010.02B Where the requirements of such
  paragraph are satisfied together with all other requirements of these
  regulations, intent to grant the permit shall be noticed pursuant to paragraph
  016 of this Chapter; and
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 126 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 2 - WASTE MANAGEMENT PERMITS AND LICENSES › Section 126-2-011 - Compliance Schedules

Current through June 17, 2024
011.01 General
Where a permitted facility is found to be out of compliance a reissued
	 or modified permit may specify a schedule of compliance which shall require
	 compliance as soon as possible but where a schedule exceeds one year from the
	 date of permit issuance, the schedule shall set forth interim requirements and
	 the dates for their achievement.
011.02 Reporting
No later than fourteen (14) days following each interim date and the
	 final date of compliance, the permittee shall notify the Director in writing of
	 its compliance or noncompliance with the interim or final requirements or
	 submit progress reports.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 126 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 2 - WASTE MANAGEMENT PERMITS AND LICENSES › Section 126-2-012 - Confidentiality of Information

Current through June 17, 2024
Claims of confidentiality shall be processed in accordance with Neb.
	 Rev. Stat. §
									81-1527
	 (Reissue 1981). A claim of confidentiality for a permit application information
	 must be substantiates at the time the application is
	 submitted.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 126 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 2 - WASTE MANAGEMENT PERMITS AND LICENSES › Section 126-2-013 - Modifying, Suspending, Revoking, or Reissuing Permits

Current through June 17, 2024
013.01 Any waste management permit issued by
  the Director, after reasonable notice and opportunity for a public hearing
  according to the procedure specified for permits in paragraph 017 of this
  Chapter, may be modified, suspended, revoked, or reissued in whole or in part
  during its term for cause including, but not limited to:
013.01A A violation of any terms or
  conditions of the permit.
013.01B
  Obtaining a permit by misrepresentation of any relevant facts or failure to
  disclose fully all relevant facts;
013.01C Information indicating that the
  permitted activity or operation poses a threat to human health or the
  environment;
013.01D A change in
  the ownership or control of an activity or operation which has a permit in
  accordance with paragraph 009 of this Chapter on transferability;
013.01E Upon request by the permittee,
  provided such request does not create a violation of any existing applicable
  requirements, standards, laws, or rules and regulations.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 126 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 2 - WASTE MANAGEMENT PERMITS AND LICENSES › Section 126-2-014 - Denial of Permits

Current through June 17, 2024
The Director may deny a waste management permit when:
014.01 The terms or conditions of the
  proposed permit application do not comply and assure compliance with the
  applicable requirements of state and federal laws and rules and
  regulations;
014.02 The application
  does not meet the appropriate design criteria specified in these
  regulations;
014.03 A request for a
  variance from design criteria does not satisfy the requirements of paragraph
  010 of this Chapter; or
014.04 Upon
  renewal, the permittee has not complied with all terms, conditions,
  requirements and schedules of compliance of the expiring permit.
014.05 Such facility shall be within three
  thousand three hundred (3300) feet of a residential area in a metropolitan
  class city. 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 126 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 2 - WASTE MANAGEMENT PERMITS AND LICENSES › Section 126-2-015 - Emergency Permits

Current through June 17, 2024
In the event the Director finds an imminent and substantial
	 endangerment to human health or the environment, he may issue a temporary
	 emergency permit without notice or hearing for an activity or operation
	 specified in paragraph 001 of this Chapter. This emergency permit may also be
	 issued to a non-permitted activity or operation specified in this Chapter or to
	 one whose existing permit does not cover the authority for which application
	 for the emergency permit is made. This emergency permit:
015.01 May be oral or written
If oral, it shall be followed in five (5) days by a written emergency
	 permit;
015.02 Shall not
  exceed one-hundred twenty (120) days in duration 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;
015.03 Shall
  clearly specify the wastes to be handled and the manner and location of their
  disposal; and
015.04 May be
  terminated by the Director at any time without process if he determines that
  termination is appropriate to protect human health and the
  environment.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 126 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 2 - WASTE MANAGEMENT PERMITS AND LICENSES › Section 126-2-016 - Issuance or Denial of a Permit

Current through June 17, 2024
016.01 Once an application is complete, the
  Director shall tentatively decide whether to issue or deny the
  permit.
016.02 If the Director
  decides to issue the permit, he shall prepare a draft permit which shall
  contain the following information and follow the public notice and
  participation procedures outlined below:
016.02A A brief description of the activity
  or operation which is the subject of the draft permit;
016.02B The type and quantity of wastes which
  are proposed to be land applied or disposed of;
016.02C The tentative determination to issue
  or deny the permit;
016.02D The
  statutory or regulatory provisions on which permit requirements are
  based;
016.02E In the case of
  permits a description of the procedures for the formulation of final
  determination, including the thirty (30) day comment period, address where
  comments should be sent, procedures for requesting a public hearing and nature
  thereof, and any other procedures the Director has determined are appropriate
  for public participation;
016.02F
  Name and telephone number of a person to contact for additional
  information;
016.02G All general
  and specific permit terms and conditions;
016.02H All compliance schedules under
  paragraph 011 of this Chapter; and
016.02I All monitoring
  requirements.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 126 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 2 - WASTE MANAGEMENT PERMITS AND LICENSES › Section 126-2-017 - Public Notice of Pending Permit Issuance or Denial

Current through June 17, 2024
017.01 Public notice of every application and
  proposed determination to issue or deny a permit shall be issued by submitting
  the notice as a news release to the newspaper in the geographical area of the
  proposed activity or operation, and mailed to the applicant, 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 or operation,
  and to any person or group, either upon request or whose names are on a
  Departmental mailing list to receive public notices.
017.02 Persons or groups will have thirty
  (30) days from issuance of the public notice to either provide the Director
  with any written comments concerning the proposed facility for which the public
  notice has been issued, and/or request a public hearing in writing pursuant to
  paragraph 018 of this Chapter. Such comment period may be extended by the
  Director.
017.03 If any information
  or public comment is received during the comment period which appears to raise
  substantial major issues concerning a permit, the Director may formulate a new
  draft permit which supersedes the original draft permit and recirculate the
  public notice. If no major issues are raised, and the Director issues the
  permit, the Director shall prepare a written response to each submitted
  comment.
017.04 Content of Public
  Notice
The public notice of an application shall contain:
017.04A Name, address and phone number of the
  agency issuing the public notice;
017.04B Name and address of the
  applicant;
017.04C A brief
  description of each applicant's activities or operations described in the
  application;
017.04D A statement of
  the tentative determination to issue or deny the activity or operation
  described in the application and that a draft permit has been
  prepared;
017.04E A brief
  description of the procedures for the final determination including the comment
  period allowed in paragraph 017 of this Chapter and any other appropriate means
  by which interested persons or groups may comment upon these determinations or
  request a public hearing; and
017.04F The address and phone number of
  premises at which interested persons may obtain further information, request a
  copy of the fact sheet described below, and inspect and copy forms and related
  documents.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 126 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 2 - WASTE MANAGEMENT PERMITS AND LICENSES › Section 126-2-018 - Public Hearings; When Required

Current through June 17, 2024
018.01 The applicant, any affected state, any
  affected interstate agency, the Regional Administrator, or any interested
  agency, person or group of persons may request or petition the Director, in
  writing, within the 30-day comment period of the public notice, with respect to
  the application, for a public hearing, and state the nature of the issues to be
  raised and all arguments and factual grounds supporting their position; and
018.01A The Director may, in his discretion,
  hold an adjudicative hearing on the granting or denial of the permit if he
  determines that the circumstances justify it; or
018.01B The Director shall hold an
  adjudicative hearing if he/she agrees that the granting or denial of the permit
  interferes with or impairs or threatens to interfere with or impair the legal
  rights of the permit applicant or any person so that the situation falls within
  the Department's Rules of Practice and Procedure; or
018.01C The Director may hold a public
  hearing if the comments, requests or petitions raise legal, policy or
  discretionary questions of general application not pertaining solely to a
  particular party and significant public interest exists with respect to the
  application.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 126 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 2 - WASTE MANAGEMENT PERMITS AND LICENSES › Section 126-2-019 - Filing for Renewal; Expiring Permits

Current through June 17, 2024
019.01 The Director shall notify the
  permittee that if he wishes to continue to operate after the expiration date of
  his waste management permit, he must file for reissuance of his permit at least
  one-hundred eighty (180) days prior to its expiration.
019.02 A renewal application shall consist of
  the same information required in the original waste management permit
  application, which may consist of a recertification of the original
  application, unless the Department requires additional information.
019.03 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.
019.04 Public notice and public participation
  procedures for renewal of the permit shall be those procedures specified for
  permits in paragraph 017 of this Chapter.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 126 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 10 - LAND APPLICATION OF PAUNCH › Section 126-10-001

Current through June 17, 2024
A person who land-applies paunch manure at a dedicated paunch manure
	 application site (where the application rate is greater than ten (10) tons of
	 dry paunch manure per acre for cropping season or paunch manure is stored
	 on-site) shall obtain a permit from the Department pursuant to Chapter 2 of
	 these regulations.
001.01 Where the
  person who land applies the paunch manure is not the generator of the paunch
  manure, such person shall be considered an agent of the generator. The permit
  shall be issued to the generator in those situations.
001.02 In situations where the generator
  assigns the paunch manure to a facility (such as a composting facility)
  permitted by this Department: the material shall become the responsibility of
  such permitted facility and further disposition will be the responsibility of
  that facility.