reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 198 - RULES AND REGULATIONS PERTAINING TO AGRICULTURAL CHEMICAL CONTAINMENT › Chapter 1 - DEFINITIONS › Section 198-1-006 - Custom Applicator

Current through June 17, 2024
Custom Applicator means any person who uses or supervises the use of
	 pesticides or fertilizers on property other than their own or which they rent
	 or lease and bills, charges or assesses the cost of such
	 work.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 198 - RULES AND REGULATIONS PERTAINING TO AGRICULTURAL CHEMICAL CONTAINMENT › Chapter 1 - DEFINITIONS › Section 198-1-007 - Fertilizer

Current through June 17, 2024
Fertilizer means any formulation or product used as a plant nutrient
	 which is intended to promote plant growth and contains one or more plant
	 nutrients recognized by the Association of American Plant Food Control
	 Officials in its official publication. Anhydrous ammonia, and unmanipulated
	 animal and vegetable manures shall not be included in this definition for the
	 purposes of these regulations.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 198 - RULES AND REGULATIONS PERTAINING TO AGRICULTURAL CHEMICAL CONTAINMENT › Chapter 1 - DEFINITIONS › Section 198-1-008 - Loadout Facility

Current through June 17, 2024
Loadout Facility means a location, other than the field of application,
	 used for the loading, unloading, handling or mixing of pesticides or
	 fertilizers or a location used for the rinsing or washing of delivery or
	 application equipment which is designed, constructed, and maintained to hold or
	 confine a release of a liquid pesticide or liquid fertilizer.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 198 - RULES AND REGULATIONS PERTAINING TO AGRICULTURAL CHEMICAL CONTAINMENT › Chapter 1 - DEFINITIONS › Section 198-1-013 - Secondary Containment

Current through June 17, 2024
Secondary Containment means a device or structure designed,
	 constructed, and maintained to hold or confine a release of a liquid pesticide
	 or liquid fertilizer from a storage facility.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 198 - RULES AND REGULATIONS PERTAINING TO AGRICULTURAL CHEMICAL CONTAINMENT › Chapter 1 - DEFINITIONS › Section 198-1-014 - Storage Facility

Current through June 17, 2024
Storage Facility means a location where bulk pesticide, bulk liquid
	 pesticide, or bulk fertilizer is stored. A storage facility shall include the
	 entire contiguous tract of land upon which bulk pesticide or bulk fertilizer is
	 loaded, unloaded, mixed, blended, or stored.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 198 - RULES AND REGULATIONS PERTAINING TO AGRICULTURAL CHEMICAL CONTAINMENT › Chapter 1 - DEFINITIONS › Section 198-1-015 - Sump

Current through June 17, 2024
Sump means any pit or reservoir open to visual inspection, designed to
	 temporarily collect and contain an accumulation of rinsed or washed off
	 material or spilled liquids, structurally sound, and compatible with the
	 materials contained.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 198 - RULES AND REGULATIONS PERTAINING TO AGRICULTURAL CHEMICAL CONTAINMENT › Chapter 1 - DEFINITIONS › Section 198-1-016 - Totally Covered or Enclosed

Current through June 17, 2024
Totally Covered or Enclosed means protected from precipitation and any
	 subsequent drainage so that unwanted moisture does not enter the
	 structure.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 198 - RULES AND REGULATIONS PERTAINING TO AGRICULTURAL CHEMICAL CONTAINMENT › Chapter 1 - DEFINITIONS › Section 198-1-017 - Underground Storage

Current through June 17, 2024
Underground Storage means any container, combination of containers,
	 surface impoundment, pit, pond, or lagoon, including underground pipes
	 connected to such storage, which is used to store an accumulation of pesticide,
	 fertilizer, fertilizer or pesticide solution, or related material and the
	 volume of which is ten percent or more beneath the surface of the
	 ground.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 198 - RULES AND REGULATIONS PERTAINING TO AGRICULTURAL CHEMICAL CONTAINMENT › Chapter 2 - SECONDARY CONTAINMENT FACILITY; WHEN REQUIRED › Section 198-2-001

Current through June 17, 2024
A secondary containment facility is mandatory when:
001.01 bulk liquid pesticide is stored in
  aggregate quantities with capacity greater than 500 U.S. gallons, or when bulk
  dry pesticide is stored.
001.02
  bulk liquid fertilizer is stored:
001.02A in a
  container with capacity greater than 2,000 U.S. gallons;
001.02B in containers with an aggregate
  capacity greater than 3,000 U.S. gallons at any location; or
001.02C in quantities exceeding 25 percent of
  the container capacity for containers larger than 500 U.S. gallons anytime
  during the period November 1 through March 15.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 198 - RULES AND REGULATIONS PERTAINING TO AGRICULTURAL CHEMICAL CONTAINMENT › Chapter 2 - SECONDARY CONTAINMENT FACILITY; WHEN REQUIRED › Section 198-2-002

Current through June 17, 2024
A container designed and used for the storage of ammonium nitrate
	 fertilizer is exempted from the requirements in 001 above provided the
	 concentration of the ammonium nitrate is such that the temperature at which it
	 freezes is 120 degrees Fahrenheit or higher, the container was in use prior to
	 November 14, 1992, and a monitoring or leak detection system approved by the
	 Department is in place prior to January 1, 1999.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 198 - RULES AND REGULATIONS PERTAINING TO AGRICULTURAL CHEMICAL CONTAINMENT › Chapter 2 - SECONDARY CONTAINMENT FACILITY; WHEN REQUIRED › Section 198-2-003

Current through June 17, 2024
The Department may consider, on a case-by-case basis, the need for
	 secondary containment directly under a container having a capacity of 100,000
	 U.S. gallons or more and in use prior to November 14, 1992. In such cases, the
	 owner or operator of the container is to conduct an environmental evaluation
	 and economic assessment of compliance with these regulations and identify
	 possible alternatives to be considered by the Department. When compliance with
	 the regulations produces serious hardship without equal or greater benefits to
	 the public, the Department may approve an alternative which demonstrates
	 technical practicability and economic reasonableness.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 198 - RULES AND REGULATIONS PERTAINING TO AGRICULTURAL CHEMICAL CONTAINMENT › Chapter 2 - SECONDARY CONTAINMENT FACILITY; WHEN REQUIRED › Section 198-2-004

Current through June 17, 2024
A container designed and used for transportation of a bulk liquid
	 pesticide or bulk fertilizer is exempted from the requirements in 001 above as
	 long as any storage is solely incidental to the loading or unloading of the
	 container and the container is not connected to a chemigation system. A
	 container with a capacity of 275 U.S. gallons or less which is sealed, and
	 remains sealed at the facility, may be excluded from the aggregate capacities
	 in 001 above provided storage is solely incidental to the transfer of the
	 container.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 198 - RULES AND REGULATIONS PERTAINING TO AGRICULTURAL CHEMICAL CONTAINMENT › Chapter 2 - SECONDARY CONTAINMENT FACILITY; WHEN REQUIRED › Section 198-2-005

Current through June 17, 2024
005 A container or containers with an
  aggregate capacity of 6,000 U.S. gallons or less which is used at the
  application site as part of the normal application associated with activities
  in that field any time during the period March 15 through October 1 may be
  excluded from the aggregate capacities in 001.02 above. For a container to be
  excluded from the aggregate capacities, the container and appurtenances are to
  be:
005.01. located a minimum of 500 feet from
  surface waters of the state and a minimum of 100 feet from any well;
005.02 located in that field for a period not
  to exceed 21 consecutive days;
005.03 positioned on relatively level terrain
  to maintain tank stability;
005.04
  inspected for leakage and soundness immediately prior to the initial use each
  year; and
005.05 structurally
  sound, free of obvious defects, and compatible with the fertilizer placed in
  the container. Leaky or faulty containers and appurtenances are to be repaired
  or replaced at the time of detection.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 198 - RULES AND REGULATIONS PERTAINING TO AGRICULTURAL CHEMICAL CONTAINMENT › Chapter 2 - SECONDARY CONTAINMENT FACILITY; WHEN REQUIRED › Section 198-2-006

Current through June 17, 2024
A container used in the application of a bulk liquid pesticide or bulk
	 fertilizer through a chemigation system will be considered part of the
	 aggregate capacity stipulated in 001.02 above for the purposes of these
	 regulations.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 198 - RULES AND REGULATIONS PERTAINING TO AGRICULTURAL CHEMICAL CONTAINMENT › Chapter 2 - SECONDARY CONTAINMENT FACILITY; WHEN REQUIRED › Section 198-2-007

Current through June 17, 2024
Storage and handling of anhydrous ammonia, dry fertilizer and
	 unmanipulated animal and vegetable manures is exempt from the requirements of
	 these regulations. Storage of anhydrous ammonia is regulated by Title 153 -
	 NAC.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 198 - RULES AND REGULATIONS PERTAINING TO AGRICULTURAL CHEMICAL CONTAINMENT › Chapter 3 - LOADOUT FACILITY; WHEN REQUIRED › Section 198-3-001

Current through June 17, 2024
All mixing, loading and unloading of bulk liquid pesticides or bulk
	 fertilizers at a bulk liquid pesticide or bulk fertilizer storage facility and
	 all draining, rinsing and washing of applicator and transportation equipment
	 will be performed within a loadout facility under the following
	 conditions:
001.01 When secondary
  containment is to be installed pursuant to Chapter 2 for bulk liquid pesticide
  stored in aggregate quantities greater than 500 U.S. gallons or for bulk liquid
  fertilizer stored in aggregate quantities greater than 3,000 U.S.
  gallons;
001.02 When a custom
  applicator uses pesticides from original containers greater than three U.S.
  gallons in capacity;
001.03 When a
  custom applicator uses pesticide or fertilizer mixtures in individual
  quantities greater than 100 U.S. gallons; or
001.04 When bulk fertilizer or bulk liquid
  pesticide is loaded or unloaded from a rail car.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 198 - RULES AND REGULATIONS PERTAINING TO AGRICULTURAL CHEMICAL CONTAINMENT › Chapter 3 - LOADOUT FACILITY; WHEN REQUIRED › Section 198-3-003

Current through June 17, 2024
A loadout facility is not needed under the following conditions:
003.01 When loadout activities are conducted
  at the application site as part of the normal application; or
003.02 When custom applicator loadout
  activities are conducted no more than fourteen days in a calendar year at any
  one location, the custom applicator has a loadout facility at a primary
  operating location, and all other requirements are met. This fourteen day
  allowance does not apply to loadout facilities required in conjunction with
  secondary containment specified in 001.01 above or to loadout facilities
  specified in 001.04 above.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 198 - RULES AND REGULATIONS PERTAINING TO AGRICULTURAL CHEMICAL CONTAINMENT › Chapter 4 - SECONDARY CONTAINMENT FACILITY, LOADOUT FACILITY; LOCATION › Section 198-4-001

Current through June 17, 2024
A new secondary containment facility or loadout facility, except at an
	 operation in existence prior to November 14, 1992, will not be allowed to be
	 located:
001.01 Within 100 feet of a
  well used for domestic purposes;
001.02 Within a Class GA area as defined in
  Title 118 NAC; or
001.03 In an area
  or in such a manner that there is a substantial threat of beneficial use
  impairment to waters of the State as defined in Title 117 NAC and Title 118
  NAC.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 198 - RULES AND REGULATIONS PERTAINING TO AGRICULTURAL CHEMICAL CONTAINMENT › Chapter 4 - SECONDARY CONTAINMENT FACILITY, LOADOUT FACILITY; LOCATION › Section 198-4-002

Current through June 17, 2024
Other locational requirements may be applicable under the Water Well
	 Standards and Contractors' Licensing Act and rules and regulations adopted
	 pursuant to that act.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 198 - RULES AND REGULATIONS PERTAINING TO AGRICULTURAL CHEMICAL CONTAINMENT › Chapter 4 - SECONDARY CONTAINMENT FACILITY, LOADOUT FACILITY; LOCATION › Section 198-4-003

Current through June 17, 2024
Construction or improvements in a designated 100-year flood plain are
	 to comply with existing federal, state and local flood plain management
	 regulations.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 198 - RULES AND REGULATIONS PERTAINING TO AGRICULTURAL CHEMICAL CONTAINMENT › Chapter 4 - SECONDARY CONTAINMENT FACILITY, LOADOUT FACILITY; LOCATION › Section 198-4-004

Current through June 17, 2024
The facility is obliged to comply with local governmental zoning
	 regulations. It is the responsibility of the owner or operator to determine
	 whether any such zoning regulations exist.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 198 - RULES AND REGULATIONS PERTAINING TO AGRICULTURAL CHEMICAL CONTAINMENT › Chapter 4 - SECONDARY CONTAINMENT FACILITY, LOADOUT FACILITY; LOCATION › Section 198-4-005

Current through June 17, 2024
Underground storage of bulk liquid pesticide and bulk fertilizer is
	 prohibited. Temporary underground containment of pesticide or fertilizer rinsed
	 or washed off material, runoff, or other accumulations is allowed under the
	 following conditions:
005.01 A sump
  open to visual inspection; or
005.02 A container situated in a concrete or
  solid masonry lined vault open to visual inspection. The container is to be on
  or above the surface of the floor such that any leak from the container or
  appurtenances may be readily detected.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 198 - RULES AND REGULATIONS PERTAINING TO AGRICULTURAL CHEMICAL CONTAINMENT › Chapter 4 - SECONDARY CONTAINMENT FACILITY, LOADOUT FACILITY; LOCATION › Section 198-4-006

Current through June 17, 2024
If plumbing within a secondary containment or loadout facility is
	 directly connected to a public water supply pipeline servicing the facility,
	 the operator must comply with the Title 179 NAC.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 198 - RULES AND REGULATIONS PERTAINING TO AGRICULTURAL CHEMICAL CONTAINMENT › Chapter 4 - SECONDARY CONTAINMENT FACILITY, LOADOUT FACILITY; LOCATION › Section 198-4-007

Current through June 17, 2024
If plumbing within a secondary containment or loadout facility is
	 directly connected to a water well, other than a public water supply pipeline,
	 servicing the facility, a backflow prevention device is to be installed to
	 protect the water source. Local plumbing codes or regulations may apply if more
	 restrictive. All equipment is to be installed, operated and maintained in
	 accordance with the manufacturer's recommendations. The minimum safety
	 equipment will be one of the following:
007.01 A reduced pressure principle device
  which meets the American Water Works Association (AWWA) Standard C 506-78 for
  backflow prevention devices; or
007.02 Air gap separation. Air gap is a
  physical separation between the discharge end of a water pipeline and an open
  or nonpressurized receiving vessel. To have an acceptable air gap, the
  discharge end of the pipe is to be at least two pipe diameters above the top
  rim of the receiving vessel. If the discharge pipe is in a secondary
  containment facility or loadout facility, the discharge end is to be at least
  two pipe diameters above either the topmost rim of the receiving vessel or the
  highest liquid holding capacity of the containment facility, whichever is
  higher.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 198 - RULES AND REGULATIONS PERTAINING TO AGRICULTURAL CHEMICAL CONTAINMENT › Chapter 5 - SECONDARY CONTAINMENT FACILITY; DESIGN REQUIREMENTS › Section 198-5-001

Current through June 17, 2024
The walls and base of the secondary containment will be designed and
	 constructed to be watertight, to be compatible with the pesticide or fertilizer
	 being stored within the facility, to withstand loading conditions, and to
	 withstand the maximum discharge from the largest container considering the full
	 hydrostatic head of the discharged liquid.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 198 - RULES AND REGULATIONS PERTAINING TO AGRICULTURAL CHEMICAL CONTAINMENT › Chapter 5 - SECONDARY CONTAINMENT FACILITY; DESIGN REQUIREMENTS › Section 198-5-002

Current through June 17, 2024
Secondary containment of bulk liquid pesticides constructed prior to
	 November 14, 1992 and secondary containment of bulk fertilizers constructed on
	 or before July 1, 1994 are to have included one or more of the
	 following:
002.01 Concrete or solid
  masonry;
002.02 A synthetic, metal,
  or prefabricated bentonite liner, except that a prefabricated bentonite liner
  will not be considered adequate for secondary containment of pesticides. The
  liner is to have been installed in accordance with the manufacturer's
  recommendations;
002.03 A soil
  liner, except that a soil liner will not be considered adequate for secondary
  containment of pesticides. The soil liner may be natural soil treated with
  bentonite clay or other comparable material. The seepage rate of the soil liner
  is not to exceed 1/8 inch per day, as determined by independent laboratory or
  insitu testing. The soil liner will be a minimum of six inches thick and
  covered with a minimum of six inches of aggregate or soil cover; or
002.04 Tank in a tank.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 198 - RULES AND REGULATIONS PERTAINING TO AGRICULTURAL CHEMICAL CONTAINMENT › Chapter 5 - SECONDARY CONTAINMENT FACILITY; DESIGN REQUIREMENTS › Section 198-5-003

Current through June 17, 2024
Secondary containment of bulk liquid pesticides constructed after
	 November 14, 1992 and secondary containment of bulk fertilizers constructed
	 after July 1, 1994 are to include one or more of the following:
003.01 Concrete;
003.02 Metal liner;
003.03 A synthetic liner installed according
  to the manufacturer's specifications and used only for applications
  specifically approved by the manufacturer;
003.04 Tank in a tank; or
003.05 Prefabricated bentonite liner, except
  that a prefabricated bentonite liner will not be considered adequate for
  secondary containment of bulk liquid pesticides.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 198 - RULES AND REGULATIONS PERTAINING TO AGRICULTURAL CHEMICAL CONTAINMENT › Chapter 5 - SECONDARY CONTAINMENT FACILITY; DESIGN REQUIREMENTS › Section 198-5-004

Current through June 17, 2024
Secondary containment for bulk liquid pesticides and bulk fertilizers
	 in a totally covered or enclosed structure are to be constructed with a volume
	 sufficient to contain at a minimum the sum of the maximum possible discharge
	 from the largest container plus ten percent of the capacity of the largest
	 container plus the containment volume displaced by all other structures,
	 containers and equipment inside the secondary containment
	 area.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 198 - RULES AND REGULATIONS PERTAINING TO AGRICULTURAL CHEMICAL CONTAINMENT › Chapter 5 - SECONDARY CONTAINMENT FACILITY; DESIGN REQUIREMENTS › Section 198-5-005

Current through June 17, 2024
Secondary containment not totally covered or enclosed are to be
	 constructed with the volume specified in 004 above plus sufficient volume to
	 contain the precipitation from a 25-year, 24-hour storm event on the
	 containment area.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 198 - RULES AND REGULATIONS PERTAINING TO AGRICULTURAL CHEMICAL CONTAINMENT › Chapter 5 - SECONDARY CONTAINMENT FACILITY; DESIGN REQUIREMENTS › Section 198-5-007

Current through June 17, 2024
Storage containers will be anchored or secured to prevent flotation or
	 instability in the event of a release into the containment structure. Only
	 pesticides, associated products, and equipment are to be stored or maintained
	 in the pesticide containment area. Empty containers will not be stored in the
	 containment area unless included in the capacity calculations for the
	 containment facility and anchored or secured to prevent flotation or
	 instability.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 198 - RULES AND REGULATIONS PERTAINING TO AGRICULTURAL CHEMICAL CONTAINMENT › Chapter 5 - SECONDARY CONTAINMENT FACILITY; DESIGN REQUIREMENTS › Section 198-5-008

Current through June 17, 2024
The containment area is to slope to a collection point or sump that
	 allows liquids to be easily removed. The volume of the sump will not be
	 considered part of the containment volume of the secondary containment
	 facility. Any pump used for material removal is to be manually
	 activated.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 198 - RULES AND REGULATIONS PERTAINING TO AGRICULTURAL CHEMICAL CONTAINMENT › Chapter 5 - SECONDARY CONTAINMENT FACILITY; DESIGN REQUIREMENTS › Section 198-5-009

Current through June 17, 2024
The secondary containment area will not have a relief outlet or valve.
	 Sanitary and storm sewer drains will not be located within the secondary
	 containment facility.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 198 - RULES AND REGULATIONS PERTAINING TO AGRICULTURAL CHEMICAL CONTAINMENT › Chapter 5 - SECONDARY CONTAINMENT FACILITY; DESIGN REQUIREMENTS › Section 198-5-010

Current through June 17, 2024
Secondary containment facilities for bulk dry pesticides will
	 be:
010.01 Constructed of steel,
  reinforced concrete or other rigid materials compatible with the pesticides
  stored;
010.02 Capable of
  withstanding the full hydrostatic head, load and impact of any pesticides,
  precipitation or other substances, equipment and appurtenances.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 198 - RULES AND REGULATIONS PERTAINING TO AGRICULTURAL CHEMICAL CONTAINMENT › Chapter 5 - SECONDARY CONTAINMENT FACILITY; DESIGN REQUIREMENTS › Section 198-5-011

Current through June 17, 2024
Stationary containers of bulk dry pesticides will be:
011.01 Protected from wind and
  precipitation;
011.02 Placed on
  pallets or raised concrete platforms;
011.03 On a floor extending completely
  beneath the pallets or platforms; and
011.04 Enclosed by a curb a minimum of six
  inches high that extends at least two feet beyond the perimeter of the
  container.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 198 - RULES AND REGULATIONS PERTAINING TO AGRICULTURAL CHEMICAL CONTAINMENT › Chapter 6 - LOADOUT FACILITY; DESIGN REQUIREMENTS › Section 198-6-001

Current through June 17, 2024
A loadout facility will be designed and constructed to contain
	 fertilizer, pesticides and associated contaminated material spilled or
	 deposited during mixing, loading, unloading, draining, rinsing and
	 washing.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 198 - RULES AND REGULATIONS PERTAINING TO AGRICULTURAL CHEMICAL CONTAINMENT › Chapter 6 - LOADOUT FACILITY; DESIGN REQUIREMENTS › Section 198-6-002

Current through June 17, 2024
The loadout facility will be designed and constructed pursuant to the
	 following minimum requirements:
002.01
  Constructed of concrete, asphalt or other impermeable material. After June 27,
  2011, the loadout facility may not be constructed of asphalt;
002.02 Constructed to withstand the weight of
  vehicles which will be on the loadout facility;
002.03 Sized to contain a minimum of 1,800
  gallons or 1.5 times the largest container, whichever is smaller. The loadout
  facility shall be constructed with sufficient surface area, using curbs or
  other means, to prevent a release from the facility; and
002.04 After June 27, 2011 new, or modified,
  loadout facilities must be constructed to have curbs or berms to prevent
  external stormwater from draining into the loadout facility.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 198 - RULES AND REGULATIONS PERTAINING TO AGRICULTURAL CHEMICAL CONTAINMENT › Chapter 6 - LOADOUT FACILITY; DESIGN REQUIREMENTS › Section 198-6-003

Current through June 17, 2024
The loadout area will slope to a collection point or sump that allows
	 spilled or deposited material to be easily recovered. The volume of the sump
	 will not be considered part of the containment volume of the loadout facility
	 unless specifically approved by the Department. Any pump used for material
	 removal is to be manually activated.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 198 - RULES AND REGULATIONS PERTAINING TO AGRICULTURAL CHEMICAL CONTAINMENT › Chapter 6 - LOADOUT FACILITY; DESIGN REQUIREMENTS › Section 198-6-004

Current through June 17, 2024
The loadout facility will not have a relief outlet or valve. Sanitary
	 and storm sewer drains will not be located within the loadout facility unless
	 specifically approved by the Department.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 198 - RULES AND REGULATIONS PERTAINING TO AGRICULTURAL CHEMICAL CONTAINMENT › Chapter 6 - LOADOUT FACILITY; DESIGN REQUIREMENTS › Section 198-6-005

Current through June 17, 2024
The placement of spill pans or other spill collection methods under the
	 rail car, which divert released pesticides or fertilizers into a loadout
	 facility meeting all other design requirements, will be considered in
	 compliance with this chapter.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 198 - RULES AND REGULATIONS PERTAINING TO AGRICULTURAL CHEMICAL CONTAINMENT › Chapter 7 - CONSTRUCTION PLAN › Section 198-7-001

Current through June 17, 2024
A construction plan will be developed for each secondary containment
	 facility and loadout facility required in Chapters 2 and 3. The design will
	 comply with the minimum requirements set forth in these regulations. A
	 management program will be developed and include the recycle, reuse, or
	 disposal method for accumulations or releases collected in the facility. The
	 construction plan will be kept up to date and on file at the facility or the
	 nearest office location for the facility. The plan will include:
001.01 A scale drawing of plans and
  specifications for the facility, including storage containers, buildings and
  loadout areas where applicable.
001.02 A copy of the plumbing diagram for the
  facility which includes the location, size and type of appurtenances. Specify
  the type and location of any backflow prevention devices as required by Chapter
  4, 006 and 007.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 198 - RULES AND REGULATIONS PERTAINING TO AGRICULTURAL CHEMICAL CONTAINMENT › Chapter 7 - CONSTRUCTION PLAN › Section 198-7-002

Current through June 17, 2024
The construction plan is to include certification from a Nebraska
	 registered engineer that the facility design complies with these regulations.
	 This certification is not necessary for a secondary containment or loadout
	 facility if, for pesticides, the facility was constructed prior to November 14,
	 1992 and if, for fertilizers, the facility was constructed on or before July 1,
	 1994, and all other requirements are met. This certification is also not
	 necessary if the plans and specifications follow generic or standardized
	 designs developed by the industry, university or other governmental personnel
	 or professional engineers and approved by the Department after November 14,
	 1992. Any changes to the generic or standardized design are to be certified by
	 a professional engineer.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 198 - RULES AND REGULATIONS PERTAINING TO AGRICULTURAL CHEMICAL CONTAINMENT › Chapter 7 - CONSTRUCTION PLAN › Section 198-7-003

Current through June 17, 2024
A design which does not conform to these regulations may be considered
	 acceptable if a Nebraska registered engineer certifies that such design
	 provides equal or greater protection to waters of the State.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 198 - RULES AND REGULATIONS PERTAINING TO AGRICULTURAL CHEMICAL CONTAINMENT › Chapter 8 - MANAGEMENT › Section 198-8-001

Current through June 17, 2024
All facilities, including the containment structure, valves, hoses,
	 pipes and tanks, are to be maintained and operated to function as originally
	 designed. Seams and cracks are to be sealed to prevent leakage. Leaking or
	 faulty appurtenances are to be repaired or replaced at the time of
	 detection.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 198 - RULES AND REGULATIONS PERTAINING TO AGRICULTURAL CHEMICAL CONTAINMENT › Chapter 8 - MANAGEMENT › Section 198-8-002

Current through June 17, 2024
Fertilizer, pesticide and contaminated material spilled or deposited on
	 the loadout facility or on the secondary containment facility are to be
	 promptly recovered. Material not used or recycled, releases unrecovered, or
	 hazardous waste generated may result in the facility being classified as a
	 generator and subject to regulation under Title 128 NAC. All releases shall be
	 reported to the Department pursuant to Title 126 NAC.
002.01 Fertilizer contaminated material is to
  be used as fertilizer, recycled, or disposed of in a method approved by the
  Department.
002.02 Pesticide
  contaminated material is to be used or disposed of according to the pesticide
  label directions or by a method approved by the Department. Care is to be taken
  to segregate pesticides which are not compatible for use on the same
  site.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 198 - RULES AND REGULATIONS PERTAINING TO AGRICULTURAL CHEMICAL CONTAINMENT › Chapter 8 - MANAGEMENT › Section 198-8-003

Current through June 17, 2024
Stormwater accumulated in the secondary containment facility or loadout
	 facility which has not been contaminated by a fertilizer, pesticide or other
	 pollutant may be directly pumped from the facility into the normal stormwater
	 drainage system. Any pump used for the removal of stormwater is to be manually
	 activated.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 198 - RULES AND REGULATIONS PERTAINING TO AGRICULTURAL CHEMICAL CONTAINMENT › Chapter 8 - MANAGEMENT › Section 198-8-004

Current through June 17, 2024
Stormwater that comes in contact with pesticide, fertilizer, or
	 pesticide or fertilizer contaminated material within the secondary containment
	 or loadout facility is to be managed as contaminated material as described in
	 002 above.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 198 - RULES AND REGULATIONS PERTAINING TO AGRICULTURAL CHEMICAL CONTAINMENT › Chapter 8 - MANAGEMENT › Section 198-8-005

Current through June 17, 2024
At a minimum, any collection point or sump is to be cleared daily of
	 any contaminated material. This material will not be allowed to compromise the
	 minimum required containment volume.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 198 - RULES AND REGULATIONS PERTAINING TO AGRICULTURAL CHEMICAL CONTAINMENT › Chapter 8 - MANAGEMENT › Section 198-8-006

Current through June 17, 2024
A release of pesticide, fertilizer, or pesticide or fertilizer
	 contaminated material from the secondary containment facility or loadout
	 facility is to be immediately reported to the Department. The release and soil
	 or other contaminated material is to be promptly recovered and used or disposed
	 of in a manner approved by the Department.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 198 - RULES AND REGULATIONS PERTAINING TO AGRICULTURAL CHEMICAL CONTAINMENT › Chapter 8 - MANAGEMENT › Section 198-8-007

Current through June 17, 2024
No fertilizer or pesticide contaminated material will be allowed to be
	 disposed of:
007.01 Through a storm
  sewer system or waters of the State;
007.02 Through a treatment system without a
  National Pollutant Discharge Elimination System (NPDES) permit or, in the case
  of underground disposal, an Underground Injection Control permit;
007.03 Through a sanitary sewer connected to
  a publicly owned treatment works without prior written approval of the
  Department and the sanitary sewer authority in accordance with the discharge
  limitation of a pretreatment agreement or sewer use ordinance; or
007.04 In violation of Title 126 NAC or Title
  128 NAC.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 198 - RULES AND REGULATIONS PERTAINING TO AGRICULTURAL CHEMICAL CONTAINMENT › Chapter 9 - CONTAINERS AND APPURTENANCES; GENERAL REQUIREMENTS › Section 198-9-001

Current through June 17, 2024
Bulk fertilizer and bulk liquid pesticide containers and appurtenances
	 will be constructed, installed and maintained so as to prevent the release of a
	 pesticide or fertilizer. The containers and appurtenances are to be
	 structurally sound, resistant to corrosion, cracking and changes in temperature
	 extremes, and compatible with the products stored therein.
001.01 Every container connection, except a
  safety relief connection, will be equipped with a manual shut-off
  valve.
001.02 Appurtenances will be
  adequately supported to prevent sagging and possible breakage because of
  gravity and other forces encountered in the ordinary course of
  operation.
001.03 Containers and
  appurtenances will be protected against reasonably foreseeable risks of damage
  by trucks and other moving vehicles or objects.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 198 - RULES AND REGULATIONS PERTAINING TO AGRICULTURAL CHEMICAL CONTAINMENT › Chapter 9 - CONTAINERS AND APPURTENANCES; GENERAL REQUIREMENTS › Section 198-9-002

Current through June 17, 2024
Any pipe connected to bulk liquid pesticide containers, bulk fertilizer
	 containers, or other containers or piping in the secondary containment facility
	 will not be placed through or under the walls or base of the secondary
	 containment facility. All pipes leading to or from the facility will be
	 protected from reasonably foreseeable risks of physical damage and adequately
	 supported.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 198 - RULES AND REGULATIONS PERTAINING TO AGRICULTURAL CHEMICAL CONTAINMENT › Chapter 9 - CONTAINERS AND APPURTENANCES; GENERAL REQUIREMENTS › Section 198-9-003

Current through June 17, 2024
Any pipe connected to bulk liquid pesticide containers, bulk fertilizer
	 containers, or other containers or piping in the secondary containment facility
	 shall not be placed below ground or out of sight without adequate protection
	 against leakage. Adequate protection shall include either line leak detection
	 or an annual leakage test.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 198 - RULES AND REGULATIONS PERTAINING TO AGRICULTURAL CHEMICAL CONTAINMENT › Chapter 9 - CONTAINERS AND APPURTENANCES; GENERAL REQUIREMENTS › Section 198-9-004

Current through June 17, 2024
All bulk fertilizer and bulk liquid pesticide containers and
	 appurtenances will be secured to provide reasonable protection against
	 vandalism or unauthorized access. Valves on containers will be closed and
	 locked or otherwise secured when left unattended, except that a bulk fertilizer
	 or bulk liquid pesticide container used in chemigation will not be required to
	 be closed or locked when used in the act of chemigating.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 198 - RULES AND REGULATIONS PERTAINING TO AGRICULTURAL CHEMICAL CONTAINMENT › Chapter 9 - CONTAINERS AND APPURTENANCES; GENERAL REQUIREMENTS › Section 198-9-006

Current through June 17, 2024
All bulk fertilizer and bulk liquid pesticide containers and
	 appurtenances will be inspected for leakage and soundness at least once a month
	 when used for storage or handling.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 198 - RULES AND REGULATIONS PERTAINING TO AGRICULTURAL CHEMICAL CONTAINMENT › Chapter 9 - CONTAINERS AND APPURTENANCES; GENERAL REQUIREMENTS › Section 198-9-007

Current through June 17, 2024
All secondary containment facilities will be inspected at least once a
	 month when used for storage and the following records are to be kept on file
	 for at least three years at the storage facility or the nearest office from
	 which the storage site is administered and submitted to the Director upon
	 request within a reasonable time as determined by the Director:
007.01 Monthly facility inspections including
  date of inspection or maintenance, name of the person that made the inspection,
  a description of the condition of the facilities, bulk containers and
  appurtenances, and a description of the specific maintenance
  performed;
007.02 The level in each
  container used for storage of bulk liquid pesticides or bulk fertilizer is to
  be measured and recorded at least monthly; and
007.03 A quarterly inventory reconciliation
  accounting for all liquid fertilizer or liquid pesticide placed in each bulk
  container.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 199 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - WASTE REDUCTION AND RECYCLING INCENTIVE REGULATIONS › Section 199-1-001 - Definitions

Current through June 17, 2024
001.01 "Person" means any: Individual;
  partnership; limited liability company; association; public or private
  corporation; trustee; receiver; assignee; agent; municipality or other
  governmental subdivision; public agency; other legal entity; or any officer or
  governing or managing body of any public or private corporation, municipality,
  governmental subdivision, public agency, or other legal entity.
001.02 "Grant recipient" means any person or
  their authorized agent who has been awarded a grant.
001.03 All other terms will be defined as set
  forth in Neb. Rev. Stat. §§
									81-15,159.02.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 199 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - WASTE REDUCTION AND RECYCLING INCENTIVE REGULATIONS › Section 199-1-003 - Grant Agreement

Current through June 17, 2024
In order to receive funds from a grant pursuant to the Waste Reduction
	 and Recycling Incentive Act and these regulations, a grant recipient will enter
	 into a grant agreement with the Department.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 199 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - WASTE REDUCTION AND RECYCLING INCENTIVE REGULATIONS › Section 199-1-004 - Falsification, Concealment, or Misrepresentation

Current through June 17, 2024
An application may be denied or a grant may be terminated if an
	 applicant or grant recipient falsifies, conceals, or misrepresents any
	 information provided to the Department.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 199 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - WASTE REDUCTION AND RECYCLING INCENTIVE REGULATIONS › Section 199-1-005 - Penalties

Current through June 17, 2024
In addition to denial of an application, the termination of a grant,
	 and any other penalty contained in a grant agreement, any person who fails to
	 comply with all applicable local, state, and federal statutes, rules,
	 regulations, ordinances, or orders may be disqualified from future grants at
	 the discretion of and for a time period specified by the
	 Director.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 199 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - WASTE REDUCTION AND RECYCLING INCENTIVE REGULATIONS › Section 199-1-006 - Deconstruction Grants

Current through June 17, 2024
For Deconstruction grants, grantee must hold title to all property and
	 have the necessary easements and right-of-way for the project and related lands
	 prior to any deconstruction activity and the payment of any grant funds to the
	 grantee.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 199 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 1 - WASTE REDUCTION AND RECYCLING INCENTIVE REGULATIONS › Section 199-1-007 - Eligibility

Current through June 17, 2024
A person must have the authority to transact business in the State of
	 Nebraska in order to be eligible to receive funds from a grant pursuant to the
	 Waste Reduction and Recycling Incentive Act and these regulations.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 200 - RULES AND REGULATIONS FOR PETROLEUM RELEASE REMEDIAL ACTION CASH FUND › Chapter 1 - Application for Reimbursement and Department Review › Section 200-1-001 - Department

Current through June 17, 2024
A responsible person or his or her designated representative may apply
	 to the department, according to the procedure set out in this chapter, for
	 reimbursement from the fund for the costs of remedial action and for the costs
	 of paying third-party claims.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 200 - RULES AND REGULATIONS FOR PETROLEUM RELEASE REMEDIAL ACTION CASH FUND › Chapter 1 - Application for Reimbursement and Department Review › Section 200-1-002 - Designated representative

Current through June 17, 2024
The department will send information regarding applications for
	 reimbursement to the responsible person or persons upon
	 request.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 200 - RULES AND REGULATIONS FOR PETROLEUM RELEASE REMEDIAL ACTION CASH FUND › Chapter 1 - Application for Reimbursement and Department Review › Section 200-1-003 - Fund

Current through June 17, 2024
The completed application will include, at a minimum, the following
	 information:
003.01 The identity of
  the responsible person and the applicant;
003.02 A description of the applicant as a
  responsible person or designated representative;
003.03 The location of the release;
003.04 The tank facility registration number
  assigned by the Nebraska State Fire Marshal, if applicable, of the tank from
  which petroleum was released;
003.05 Information regarding insurance
  payments or settlements related to the release that have been or may be
  received;
003.06 A detailed
  description of all costs and documentation for all costs incurred and/or paid
  by the responsible person for the remedial action and/or third-party
  claim;
003.07 An acknowledgment
  that the responsible person will be responsible for reimbursing the fund for
  any partial reimbursement if the responsible person does not complete the
  remedial action as required by the rules and regulations of the
  department;
003.08 A designated
  representative statement, if applicable, signed by the responsible person and
  properly certified;
003.09 A
  verification, signed by the applicant and properly certified, attesting that
  the information contained in the application is true and accurate;
  and
003.10 An acknowledgement that
  the recipient's accounting records related to the cost submitted may be audited
  by the Department and that, if such records are not provided, the recipient may
  be required to reimburse the fund for any payments previously
  received.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 200 - RULES AND REGULATIONS FOR PETROLEUM RELEASE REMEDIAL ACTION CASH FUND › Chapter 1 - Application for Reimbursement and Department Review › Section 200-1-004 - Submission and Order of Applications

Current through June 17, 2024
004.01 To be
  considered, the responsible person will submit a completed application for
  reimbursement to the department. An application is incomplete if it does not
  contain all the information required by the department.
004.01A The department will notify the
  applicant if the department determines an application is incomplete, stating
  what additional information the responsible person is to provide.
004.01A1 An application will be considered
  received by the department as of the time the application is considered
  complete by the department.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 200 - RULES AND REGULATIONS FOR PETROLEUM RELEASE REMEDIAL ACTION CASH FUND › Chapter 1 - Application for Reimbursement and Department Review › Section 200-1-005 - Occurrence

Current through June 17, 2024
A responsible person may apply for partial reimbursement of the actual
	 cost of remedial action incurred in accordance with Neb Rev. Stat. §
									66-1523(3).
005.01 A responsible person applying for
  partial reimbursement shall-will acknowledge with such application that if the
  responsible person receives partial reimbursement but does not complete the
  remedial action in accordance with the rules and regulations of the department,
  the responsible person is to reimburse the fund for an amount equal to the
  reimbursement received from the fund.
005.02 Applications for partial reimbursement
  may be made following completion and department acceptance of approved stages
  of remedial action and associated cost estimates.
005.03 If any approved stage of remedial
  action is projected to take more than ninety days to complete, partial payments
  may be requested every sixty days. When reimbursement is requested prior to
  completion of an approved stage, the department may withhold 10% of such
  payment until the approved stage is completed.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 200 - RULES AND REGULATIONS FOR PETROLEUM RELEASE REMEDIAL ACTION CASH FUND › Chapter 1 - Application for Reimbursement and Department Review › Section 200-1-006 - Operator

Current through June 17, 2024
A responsible person may designate a person to whom the responsible
	 person assigns any right, title, or interest which the responsible person may
	 have in and to the proceeds from a reimbursement for remedial action and such
	 designated representative may submit an application for reimbursement under
	 this chapter of the regulations.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 200 - RULES AND REGULATIONS FOR PETROLEUM RELEASE REMEDIAL ACTION CASH FUND › Chapter 1 - Application for Reimbursement and Department Review › Section 200-1-007 - Owner

Current through June 17, 2024
An application for reimbursement is to be filed in a timely manner
	 following the completion of each approved stage of remedial action as long as
	 the cumulative costs of the remedial stages approved by the department exceed
	 the applicable statutory deductible
007.01 Complete applications are to be
  submitted to the department on or before June 11, 1998, where costs were
  incurred:
007.01A After May 27, 1989 and on or
  before June 11,1997;
007.01B During
  the completion of approved stages of remedial action; and
007.01C In amounts exceeding the applicable
  deductible.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 200 - RULES AND REGULATIONS FOR PETROLEUM RELEASE REMEDIAL ACTION CASH FUND › Chapter 1 - Application for Reimbursement and Department Review › Section 200-1-008 - Person

Current through June 17, 2024
The department will review all complete applications for reimbursement
	 submitted by responsible persons or their designated representatives. No
	 reimbursement may be made unless the department makes the eligibility
	 determinations in Neb. Rev. Stat. $ 66-1525.
008.01 In the event immediate remedial action
  is necessary to protect human health or the environment, as determined by the
  department, the plan for immediate remedial action which the department
  requires the responsible person to take may be submitted after the action has
  been taken.