reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 11 - BEST MANAGEMENT PRACTICES › Section 130-11-013

Current through June 17, 2024
For a field or field segment with a high or very high phosphorus risk
	 assessment rating, there shall be no application of manure, litter, or process
	 wastewater when the soil is frozen, or snow or ice covered.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 12 - INSPECTION, MAINTENANCE, AND RECORD KEEPING REQUIREMENTS › Section 130-12-001

Current through June 17, 2024
All permittees and all recipients of construction approvals are
	 required to have routine inspections conducted of the production area,
	 irrigation distribution system, and land application areas as follows:
001.01 Weekly inspections at the production
  area of all storm water diversion devices, runoff diversion structures, and
  devices channeling contaminated storm water to the facilities;
001.02 Daily inspection at the production
  area of water lines, including drinking water or cooling water lines;
001.03 Daily monitoring and recording of any
  precipitation events;
001.04 Weekly
  inspections at the production area of the manure, litter, and process
  wastewater impoundments. An inspection record shall note the level in liquid
  impoundments as indicated by the depth marker;
001.05 Inspection prior to each operation of
  the irrigation distribution system and the water source protection equipment
  identified in Chapter 10 to ensure that the system and equipment operate as
  intended. The system shall be monitored while in use to insure the system
  operates as intended; and
001.06
  Inspection at least once a year to determine the sludge and sediment
  accumulation level in liquid impoundments.
001.07 Maintain records of the above
  described inspections at the operation for a period of five years.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 12 - INSPECTION, MAINTENANCE, AND RECORD KEEPING REQUIREMENTS › Section 130-12-002

Current through June 17, 2024
The owner or operator shall maintain all facilities and equipment in
	 proper working condition. Any deficiencies found shall be corrected as soon as
	 possible. The deficiencies and corrective actions shall be documented and an
	 explanation of the factors preventing immediate correction shall be included
	 for deficiencies not corrected within 30 days.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 12 - INSPECTION, MAINTENANCE, AND RECORD KEEPING REQUIREMENTS › Section 130-12-003

Current through June 17, 2024
Animal mortalities shall not be disposed of in any liquid manure or
	 process wastewater system, and shall be handled in such a way as to prevent the
	 discharge of pollutants to surface water in accordance with animal mortality
	 regulations developed by the Nebraska Department of
	 Agriculture.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 12 - INSPECTION, MAINTENANCE, AND RECORD KEEPING REQUIREMENTS › Section 130-12-004

Current through June 17, 2024
The NPDES permittee or the owner or operator of a large concentrated
	 animal feeding operation with a livestock waste control facility, shall
	 maintain production area and land application area records at the concentrated
	 animal feeding operation for a period of five years from the date they are
	 created. A complete copy of the following information is required:
004.01 Weekly records of the depth of the
  manure and process wastewater in the liquid impoundment as indicated by the
  depth marker;
004.02 Records to
  document any actions taken to correct deficiencies found as a result of
  required inspections. For any deficiencies not corrected within 30 days, the
  record shall include an explanation of the factors preventing immediate
  correction;
004.03 Records of
  mortalities management, chemical management, and related practices used by the
  operation;
004.04 Any records
  documenting the current design of any manure or litter storage structures,
  total design capacity for liquids and solids, all sampling and test results
  related to the design and construction of the facility, and approximate number
  of days of storage capacity, which demonstrates the facility capacity is
  adequate to meet the design storage requirements;
004.05 The nutrient management plan, which
  also includes the test methods used to sample and analyze manure, litter,
  process wastewater, and soil;
004.06 The date, time, and estimated volume
  of any overflow or discharge;
004.07 Expected crop yields for the land
  application areas;
004.08 The
  date(s) manure, litter, or process wastewater was applied to each
  field;
004.09 Weather conditions at
  the time of application and for 24 hours prior to and following
  application;
004.10 Results from
  manure, litter, process wastewater, irrigation water, and soil sampling and
  testing;
004.11 Explanation of the
  basis for determining manure, litter, and process wastewater application rates,
  as required by the Department;
004.12 Results of the most recent phosphorus
  risk assessment for each field or field segment including the legal
  description, date assessed, name of the person who completed the assessment,
  and the level of risk assessed;
004.13 Calculations that show the total
  nitrogen and phosphorus to be applied to each field;
004.14 Total amount of nitrogen and
  phosphorus actually applied to each field, including documentation;
004.15 The method used to apply the manure,
  litter, or process wastewater;
004.16 For manure, litter, or process
  wastewater transferred to other persons the nutrient analysis results and the
  date, recipient name and address, and approximate amount transferred;
004.17 Dates of inspections of equipment used
  to apply manure, litter, or process wastewater; and
004.18 Any other records required by any
  permit or approved application.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 13 - GROUND WATER MONITORING › Section 130-13-001

Current through June 17, 2024
Ground water monitoring may be required for any large concentrated
	 animal feeding operation based on a site-specific review by the Department. The
	 following information will be used in determining the need for ground water
	 monitoring:
001.01 The materials and
  methods used in the construction of the facility;
001.02 The size of the animal feeding
  operation;
001.03 Depth to ground
  water;
001.04 Type of
  soils;
001.05 Type of consolidated
  or unconsolidated sediments above and below the water table;
001.06 Local and regional use of ground water
  for drinking water and other beneficial uses; and
001.07 Other criteria, including, but not
  limited to, location of nearest public water supply wells, use of local Rural
  Water District, and location of on-site wells.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 13 - GROUND WATER MONITORING › Section 130-13-002

Current through June 17, 2024
Ground water monitoring may be required for any small or medium animal
	 feeding operation, if any one of the following has occurred:
002.01 A spill or non-permitted release from
  the facility;
002.02 The Department
  determines that percolation from the facility exceeds the allowable percolation
  rate; or
002.03 Any other
  circumstance that the Department determines may impact ground water
  quality.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 13 - GROUND WATER MONITORING › Section 130-13-003

Current through June 17, 2024
An applicant may supply additional information to the Department for
	 reconsideration of the ground water monitoring requirement. The information
	 shall be specific to the site and may include, but is not limited to, the
	 following:
003.01 Geologic log of
  on-site test hole or water well, extending at least to ground water, with
  adequate detail concerning the sediments and/or rocks drilled through;
  and
003.02 Static water level in an
  existing on-site water well or in a new on-site test hole or water well,
  measured after water level has had time to stabilize, usually at least 24 hours
  after drilling.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 13 - GROUND WATER MONITORING › Section 130-13-004

Current through June 17, 2024
Facilities where ground water monitoring has been required shall have a
	 minimum of three monitoring wells, one up-gradient and two down-gradient. All
	 wells shall be constructed according to Nebraska Health and Human Services,
	 Regulation and Licensure Title 178 (Nebraska Administrative Code), Chapter 12.
	 As an alternative, the Department may approve other means of monitoring the
	 ground water, sediments, and rocks above or below the water table. This
	 includes, but is not limited to, direct push techniques for monitoring of
	 ground water or sediments, lysimeter installation and sampling, or other
	 approved techniques.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 13 - GROUND WATER MONITORING › Section 130-13-005

Current through June 17, 2024
Sampling shall occur as set out in the sampling and analysis plan
	 approved by the Department, and the results reported to the Department within
	 45 days of the sampling event. The following information shall be
	 obtained:
005.01 Depth to water prior
  to purging and sampling; and
005.02
  Sample and lab analyses for nitrate, chloride, and ammonia, at a minimum, using
  accepted lab methods and sampling techniques.
005.02A Sampling shall be conducted by a
  qualified person, as defined by the Nebraska Health and Human Services
  System.
005.02B A sampling and
  analysis plan, or some other standardized plan for sampling and analysis of the
  ground water samples, shall be submitted and approved as part of the ground
  water monitoring plan.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 13 - GROUND WATER MONITORING › Section 130-13-007

Current through June 17, 2024
The permittee or authorized representative may request that the
	 Department reconsider the ground water monitoring requirement. The request
	 shall include supporting documentation. In the event monitoring wells will no
	 longer be used, the wells shall be properly decommissioned according to state
	 regulations.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 13 - GROUND WATER MONITORING › Section 130-13-008

Current through June 17, 2024
Further ground water monitoring or investigation may be required if one
	 or more of the following occurs. Such investigations and any subsequent actions
	 related to ground water quality shall follow procedures in Title 118 (Nebraska
	 Administrative Code) -
Ground Water Quality Standards and Use
	 Classification
:
008.01
  Contaminant concentrations in the monitoring wells are above the background
  concentrations;
008.02 There has
  been a discharge from the facility;
008.03 The Department determines that
  percolation from the facility exceeds the allowable percolation rate;
  or
008.04 Any other circumstance
  that the Department determines may impact ground water quality.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 13 - GROUND WATER MONITORING › Section 130-13-009

Current through June 17, 2024
Any permittee or recipient of a construction approval that is required
	 to conduct ground water monitoring in accordance with this Chapter shall
	 maintain all documents pertaining to such monitoring for five
	 years.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 14 - NUTRIENT MANAGEMENT PLAN REQUIREMENTS, FIELD ASSESSMENTS, AND PERFORMANCE STANDARDS › Section 130-14-001

Current through June 17, 2024
Each applicant for a permit under these regulations shall submit a
	 nutrient management plan that includes at a minimum the following information
	 as applicable:
001.01 Scaled drawings,
  topographic maps, or equivalent. Each drawing or map shall be easily readable
  and include a visual scale, a north directional arrow, a fixed geographic
  reference point, a permanent bench mark or fixed elevation reference point, the
  date the drawing or map was completed, and show:
001.01A The spatial location and extent of
  the animal feeding operation and livestock waste control facilities, including
  the various components of the facility such as areas designated for
  stockpiling, composting, or for temporary holding of dead animals, and the area
  immediately adjacent;
001.01B The
  location and entire extent of any drainage area controlled or diverted by the
  operation including the area immediately adjacent to such area with the runoff
  flow directions indicated;
001.01C
  The source of the animal feeding operation's water supply, all other wells, and
  the location of any wetlands or surface water within the boundaries or
  immediately adjacent to the facility;
001.01D The topography or clearly defined
  runoff flow direction in and around the operation and facilities, except in the
  case of small or medium animal feeding operations, consisting of confined
  buildings with underfloor pits or nearby storage structures that are on or
  above grade. Cross-sectional drawings may substitute, at the Department
  discretion, for detailed topographic drawings or maps;
001.01E Details (such as size, dimensions,
  capacities, elevations, and materials) for all conveyance structures, for pipe
  inlets and outlets, pipe penetrations into or out of containment or conveyance
  structures, lift or pumping stations, liners, and for concrete (including
  expansion joint construction, reinforcement and joint construction, sealing
  details, and concrete specifications) and all other non-soil construction
  materials. A detailed table or figure with the capacities shown at the staff
  gauge levels specified in Chapter 8, which include capacities at one-foot
  increments, and critical pumpdown or lagoon treatment levels as appropriate;
  and
001.01F United States
  Geological Survey Quadrangle Map(s), or equivalent scaled topographic maps,
  showing the geographic location of the animal feeding operation and the area
  extending 2,000 feet from the operation, including the location of all known
  wells, surface water bodies, homesteads, and businesses that at the time of
  application lie within 2,000 feet of the facility;
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 14 - NUTRIENT MANAGEMENT PLAN REQUIREMENTS, FIELD ASSESSMENTS, AND PERFORMANCE STANDARDS › Section 130-14-002

Current through June 17, 2024
Any permit issued pursuant to these regulations shall include terms
	 requiring implementation of a nutrient management plan that, at a minimum,
	 contains best management practices necessary to meet the requirements of this
	 chapter and applicable effluent limitations and standards. The permit terms for
	 the nutrient management plan are the information, protocols, procedures, best
	 management practices, and other conditions in the nutrient management plan
	 determined by the Director to be necessary to meet the following
	 elements:
002.01 Ensure adequate
  storage of manure, litter, and process wastewater, including procedures to
  ensure proper operation and maintenance of the storage facilities;
002.02 Ensure proper management of
  mortalities (
i.e.
, dead animals) to ensure that they are not
  disposed of in a liquid manure, storm water, or process wastewater storage or
  treatment system that is not specifically designed to treat animal
  mortalities;
002.03 Ensure that
  clean water is diverted, as appropriate, from the production area;
002.04 Prevent direct contact of confined
  animals with waters of the State;
002.05 Ensure that chemicals and other
  contaminants handled on-site are not disposed of in any manure, litter, process
  wastewater, or storm water storage or treatment system unless specifically
  designed to treat such chemicals and other contaminants;
002.06 Identify appropriate site specific
  conservation practices to be implemented, including as appropriate buffers or
  equivalent practices, to control runoff of pollutants to waters of the
  State;
002.07 Identify protocols
  for appropriate testing of manure, litter, process wastewater, and
  soil;
002.08 Establish protocols to
  land apply manure, litter or process wastewater in accordance with site
  specific nutrient management practices that ensure appropriate agricultural
  utilization of the nutrients in the manure, litter or process wastewater using
  either a narrative rate approach or a linear approach described in section 003
  below; and
002.09 Identify specific
  records that will be maintained to document the implementation and management
  of the minimum elements described in this section.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 14 - NUTRIENT MANAGEMENT PLAN REQUIREMENTS, FIELD ASSESSMENTS, AND PERFORMANCE STANDARDS › Section 130-14-003

Current through June 17, 2024
Permit terms with respect to protocols for land application of manure,
	 litter, or process wastewater shall include the fields available for land
	 application, field-specific rates of application properly developed using
	 either the narrative rate or linear approach, and any timing limitations
	 concerning land application on available fields. Rates of land application
	 shall use one of the following two approaches:
003.01 Linear approach. An approach that
  expresses rates of application as pounds of nitrogen and phosphorus, including
  the following specifications:
003.01A Permit
  terms for the linear approach shall include:
003.01A1 The form and source of manure,
  litter, and process wastewater to be land-applied;
003.01A2 The timing and method of land
  application;
003.01A3 The
  methodology by which the nutrient management plan accounts for the amount of
  nitrogen and phosphorus in the manure, litter, and process wastewater to be
  applied; and
003.01A4 Maximum
  application rates from manure, litter, and process wastewater for each crop
  identified in the nutrient management plan, in chemical forms determined to be
  acceptable to the Director, in pounds per acre, per year, for each field to be
  used for land application as well as factors necessary to determine the rate.
  Those factors which shall be terms shall include at least:
003.01A4(a) The outcome of the field-specific
  assessment of the potential for nitrogen and phosphorus transport from each
  field;
003.01A4(b) The crops to be
  planted in each field or any other uses of a field such as pasture or fallow
  fields;
003.01A4(c) The realistic
  yield goal for each crop or use identified for each field;
003.01A4(d) The nitrogen and phosphorus
  recommendations from sources specified by the University of Nebraska or other
  sources approved by the Director for each crop or use identified for each
  field;
003.01A4(e) Credits for all
  nitrogen in the field that will be plant available;
003.01A4(f) Consideration of multi-year
  phosphorus application; and
003.01A4(g) Accounting for all other
  additions of plant available nitrogen and phosphorus to the field.
003.01A5 For large CAFOs, the
  maximum amount of manure, litter, and process wastewater to be land applied,
  calculated at least once each year using the results of the most recent
  representative manure, litter, and process wastewater tests for nitrogen and
  phosphorus taken within 12 months of the date of land
  application.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 14 - NUTRIENT MANAGEMENT PLAN REQUIREMENTS, FIELD ASSESSMENTS, AND PERFORMANCE STANDARDS › Section 130-14-004

Current through June 17, 2024
Concentrated Animal Feeding Operations using the narrative rate
	 approach shall perform the following requirements, which are not terms of the
	 nutrient management plan:
004.01
  Include the following projections in the nutrient management plan submitted to
  the Director:
004.01A The CAFO's planned crop
  rotations for each field for the period of permit coverage;
004.01B The projected amount of manure,
  litter, or process wastewater to be applied;
004.01C Projected credits for all nitrogen in
  the field that will be plant available;
004.01D Consideration of multi-year
  phosphorus application;
004.01E
  Accounting for all other additions of plant available nitrogen and phosphorus
  to the field;
004.01F The predicted
  form, source, and method of application of manure, litter, and process
  wastewater for each crop; and
004.01G Timing of application for each field,
  insofar as it concerns the calculation of rates of application.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 15 - GENERAL PROVISIONS › Section 130-15-001

Current through June 17, 2024
Rules and regulations adopted and promulgated within Title 130 by the
	 Council may be based upon the size of the animal feeding operation and the form
	 of waste management and may include more stringent requirements for larger
	 animal feeding operations and waste control technologies that are more likely
	 to cause adverse impacts.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 15 - GENERAL PROVISIONS › Section 130-15-004

Current through June 17, 2024
If any clause, paragraph, subsection or section of these regulations
	 shall be held invalid, it shall be conclusively presumed that the Council would
	 have enacted the remainder of these regulations not directly related to such
	 clause, paragraph, subsection or section.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 130 - NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY › Chapter 15 - GENERAL PROVISIONS › Appendix E

Current through June 17, 2024
Click here to
	 view
Click here to
	 view
Click here to
	 view
Click here to
	 view
Click here to
	 view
Click here to
	 view
Click here to
	 view
Click here to
	 view
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 131 - RULES AND REGULATIONS FOR THE WASTEWATER TREATMENT FACILITIES AND DRINKING WATER CONSTRUCTION ASSISTANCE PROGRAM › Chapter 1 - DEFINITIONS › Section 131-1-001

Current through June 17, 2024
In addition to the terms defined in this chapter, relevant definitions
	 for loan programs authorized by the Wastewater Treatment Facilities
	 Construction Assistance Act can be found at Neb. Rev. Stat. §
									81-15,149,
	 and relevant definitions for loan programs authorized by the Drinking Water
	 State Revolving Fund Act can be found at Neb. Rev. Stat. §
									71-5316.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 131 - RULES AND REGULATIONS FOR THE WASTEWATER TREATMENT FACILITIES AND DRINKING WATER CONSTRUCTION ASSISTANCE PROGRAM › Chapter 1 - DEFINITIONS › Section 131-1-002 - CWSRF

Current through June 17, 2024
"CWSRF" means the Wastewater Treatment Facilities Construction Loan
	 Fund that will commonly be known as the Clean Water State Revolving
	 Fund.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 131 - RULES AND REGULATIONS FOR THE WASTEWATER TREATMENT FACILITIES AND DRINKING WATER CONSTRUCTION ASSISTANCE PROGRAM › Chapter 1 - DEFINITIONS › Section 131-1-003 - CWSRF Act

Current through June 17, 2024
"CWSRF Act" means the Wastewater Treatment Facilities Construction
	 Assistance Act as stated in Neb. Rev. Stat. §§ 81-15.147 to
	 81-15.157.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 131 - RULES AND REGULATIONS FOR THE WASTEWATER TREATMENT FACILITIES AND DRINKING WATER CONSTRUCTION ASSISTANCE PROGRAM › Chapter 1 - DEFINITIONS › Section 131-1-005 - DWSRF

Current through June 17, 2024
"DWSRF" means the Drinking Water Facilities Loan Fund and the Land
	 Acquisition and Source Water Loan Fund that together will commonly be known as
	 the Drinking Water State Revolving Fund.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 131 - RULES AND REGULATIONS FOR THE WASTEWATER TREATMENT FACILITIES AND DRINKING WATER CONSTRUCTION ASSISTANCE PROGRAM › Chapter 1 - DEFINITIONS › Section 131-1-006 - DWSRF Act

Current through June 17, 2024
"DWSRF Act" means the Drinking Water State Revolving Fund Act as stated
	 in Neb. Rev. Stat. §§
									71-5314
	 to
	 71-5327.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 131 - RULES AND REGULATIONS FOR THE WASTEWATER TREATMENT FACILITIES AND DRINKING WATER CONSTRUCTION ASSISTANCE PROGRAM › Chapter 1 - DEFINITIONS › Section 131-1-007 - Initiation of Operation

Current through June 17, 2024
"Initiation of Operation" means the date on which the loan recipient
	 places the project in operation or the project is capable of being placed in
	 operation for the purposes for which it was planned, designed, and
	 built.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 131 - RULES AND REGULATIONS FOR THE WASTEWATER TREATMENT FACILITIES AND DRINKING WATER CONSTRUCTION ASSISTANCE PROGRAM › Chapter 1 - DEFINITIONS › Section 131-1-008 - "Intended Use Plan", or "IUP"

Current through June 17, 2024
"Intended Use Plan", or "IUP" means the Intended Use Plan, a document
	 prepared annually by the Department, after public review and comment, which
	 identifies intended use of all State Revolving Fund program funds and describes
	 how those uses support the overall goals of the State Revolving Fund
	 program.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 131 - RULES AND REGULATIONS FOR THE WASTEWATER TREATMENT FACILITIES AND DRINKING WATER CONSTRUCTION ASSISTANCE PROGRAM › Chapter 1 - DEFINITIONS › Section 131-1-009 - "Loan Applicant" or "Applicant"

Current through June 17, 2024
"Loan Applicant" or "Applicant" means any municipality, county, or any
	 other eligible entity that applies for CWSRF or DWSRF
	 funding.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 131 - RULES AND REGULATIONS FOR THE WASTEWATER TREATMENT FACILITIES AND DRINKING WATER CONSTRUCTION ASSISTANCE PROGRAM › Chapter 1 - DEFINITIONS › Section 131-1-010 - "Loan Recipient" or "Recipient"

Current through June 17, 2024
"Loan Recipient" or "Recipient" means any eligible entity that receives
	 funds from the CWSRF or DWSRF in the form of a loan and/or grant
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 131 - RULES AND REGULATIONS FOR THE WASTEWATER TREATMENT FACILITIES AND DRINKING WATER CONSTRUCTION ASSISTANCE PROGRAM › Chapter 1 - DEFINITIONS › Section 131-1-011 - Point source

Current through June 17, 2024
"Point source" means any discernible confined and discrete conveyance,
	 including, but not limited to, any pipe, ditch, channel, tunnel, conduit, well,
	 discrete fissure, container, rolling stock, or vessel or other floating craft
	 from which pollutants are or may be discharged.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 131 - RULES AND REGULATIONS FOR THE WASTEWATER TREATMENT FACILITIES AND DRINKING WATER CONSTRUCTION ASSISTANCE PROGRAM › Chapter 2 - GENERAL REQUIREMENTS FOR CWSRF AND DWSRF FINANCING › Section 131-2-001 - General Requirements

Current through June 17, 2024
Funding made from the CWSRF and the DWSRF will be limited to eligible
	 projects and activities authorized in the Clean Water Acte Safe Drinking Water
	 Act, CWSRF Act. DWSRF Act, and the IUP.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 131 - RULES AND REGULATIONS FOR THE WASTEWATER TREATMENT FACILITIES AND DRINKING WATER CONSTRUCTION ASSISTANCE PROGRAM › Chapter 2 - GENERAL REQUIREMENTS FOR CWSRF AND DWSRF FINANCING › Section 131-2-002 - Other Funding

Current through June 17, 2024
If a loan recipient receives any. loan or grant from the CWSRF or DWSRF
	 for facility planning, design, and/or construction and subsequently receives
	 funding from any other funding source for any of these costs, the recipient
	 will promptly repay the loan or grant issued by the Department to the extent
	 these costs are covered by other funding.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 131 - RULES AND REGULATIONS FOR THE WASTEWATER TREATMENT FACILITIES AND DRINKING WATER CONSTRUCTION ASSISTANCE PROGRAM › Chapter 2 - GENERAL REQUIREMENTS FOR CWSRF AND DWSRF FINANCING › Section 131-2-003 - Refinancing Existing Debt Obligation

Current through June 17, 2024
The CWSRF may buy or refinance the debt obligation of eligible
	 recipients to the extent permitted by federal and state laws and requirements
	 stated in the IUP.
003.01Refinance
  projects need to have been constructed in accordance with all federal, state,
  and grant conditions that were in effect and would have been required at time
  of construction.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 131 - RULES AND REGULATIONS FOR THE WASTEWATER TREATMENT FACILITIES AND DRINKING WATER CONSTRUCTION ASSISTANCE PROGRAM › Chapter 2 - GENERAL REQUIREMENTS FOR CWSRF AND DWSRF FINANCING › Section 131-2-004 - Interest Rates and Administrative Fees

Current through June 17, 2024
004.01 The method
  and criteria used to establish interest rates, alternate interest rates, and
  administrative fees to be charged on loans will be described in the lUPs. Each
  loan will bear interest at the rate set by the Department under procedures
  prescribed in the lUPs. In developing an interest rate and administrative fee,
  the Department will take the following items into consideration:
004.01A Loan interest and the administrative
  fees may be jointly considered when establishing the interest rate and
  administrative fee. The interest rates may be reviewed and adjusted by the
  Department at the end of each Quarter, but should not be increased by more than
  0.5 percent per Quarter.
004.01B
  Alternate interest rate. The Department may adjust the interest rate when a
  loan applicant demonstrates a serious financial hardship or Qualifies as a
  disadvantaged community, for the purposes of the DWSRF.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 131 - RULES AND REGULATIONS FOR THE WASTEWATER TREATMENT FACILITIES AND DRINKING WATER CONSTRUCTION ASSISTANCE PROGRAM › Chapter 2 - GENERAL REQUIREMENTS FOR CWSRF AND DWSRF FINANCING › Section 131-2-005 - Additional Authorities

Current through June 17, 2024
The use of CWSRF and the DWSRF funds will be subject to the following
	 authorities:
005.01 Age Discrimination
  Act, PL 94-135.
005.02 Civil Rights
  Act of 1964, PL 88-352.
005.03Section 13 of PL 92-500; Prohibition
  against sex discrimination under the Federal Water Pollution Control
  Act.
005.04 Rehabilitation Act of
  1973, PL 93-112.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 131 - RULES AND REGULATIONS FOR THE WASTEWATER TREATMENT FACILITIES AND DRINKING WATER CONSTRUCTION ASSISTANCE PROGRAM › Chapter 2 - GENERAL REQUIREMENTS FOR CWSRF AND DWSRF FINANCING › Section 131-2-006 - Emergency Loan Assistance

Current through June 17, 2024
An eligible applicant may apply for emergency assistance under the
	 CWSRF and the DWSRF. The CWSRF and DWSRF may provide emergency assistance in
	 the case of catastrophic failures of existing facilities and Public Water
	 Systems, causing an environmental or public health threat or for unforeseen
	 threats of contamination to the source water suppIy.
006.01 For emergency assistance, eligible
  recipients will notify the Department and DHHS of the need for emergency
  assistance. The notification needs to include the nature of the threat or
  failure, potential environmental or public health threat of the emergency, and
  a complete description of the proposed remedial action. Upon review of the
  notification and accompanying information the DHHS and Department may approve
  the emergency project, subject to availability of funds.
006.02 Emergency assistance cannot be used
  for routine maintenance of facilities.
006.03 The IUP may include criteria and the
  amount of funds available for providing emergency funding.
006.04 The recipient will repay the emergency
  assistance to the Department to the extent the recipient receives another
  grant, insurance settlement, or any other funds are received for the same
  need.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 131 - RULES AND REGULATIONS FOR THE WASTEWATER TREATMENT FACILITIES AND DRINKING WATER CONSTRUCTION ASSISTANCE PROGRAM › Chapter 2 - GENERAL REQUIREMENTS FOR CWSRF AND DWSRF FINANCING › Section 131-2-007 - Environmental Assessment

Current through June 17, 2024
The Department will conduct an environmental assessment prior to
	 entering into a loan agreement with a loan applicant and issue an environmental
	 document. The three categories of documents include:
007.01 Categorical Exclusion. A Categorical
  Exclusion, or "Cat Ex", means a category of actions which do not individually
  or cumulatively have a significant effect on the human environment and which
  have been found to have no such effect on procedures adopted by the Department
  in implementation of these regulations and for which, therefore, neither an
  finding of no significant impact nor an environmental impact statement is
  required.
007.02 Finding of No
  Significant Impact. A Finding of No Significant Impact, or "FNSI", or "FONSI",
  means a document briefly presenting the reasons why an action, not otherwise
  excluded by Chapter 2, Section 007.01A, will not have a significant effect on
  the human environment and for which an environmental impact statement therefore
  will not be prepared. If the assessment is included, the finding need not
  repeat any of the discussion in the assessment but may incorporate it by
  reference.
007.03 Environmental
  Impact Statement. An Environmental Impact Statement is a report required of
  projects in which the proposed action will have a significant effect on human
  health or the human environment.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 131 - RULES AND REGULATIONS FOR THE WASTEWATER TREATMENT FACILITIES AND DRINKING WATER CONSTRUCTION ASSISTANCE PROGRAM › Chapter 2 - GENERAL REQUIREMENTS FOR CWSRF AND DWSRF FINANCING › Section 131-2-008

Current through June 17, 2024
All loans made under the CWSRF will meet the requirements of Neb. Rev.
	 Stat. §
									81-15,155,
	 the Nebraska Wastewater Treatment Operator Certification Act, and Title 197 -
	 Rules and Regulations for Certification of Wastewater Treatment Operators: all
	 loans made under the DWSRF will meet the requirements of Neb. Rev. Stat. §
									71-5324, the
	 Nebraska Safe Drinking Water Act, and Title 179 - Public Water Systems;
	 and:
008.01 Additional requirements
  for CWSRF and DWSRF include, but are not limited to, recipient must:
008.01A Agree to provide access to site and
  records to the Department, its agents, or third parties for inspections and
  audits of the project:
008.01B
  Agree to promptly initiate project construction and establish a maximum time
  for initiation, after which the Department may withdraw financial assistance:
  and
008.01C Agree to submit an
  annual financial statement during the term of the loan.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 131 - RULES AND REGULATIONS FOR THE WASTEWATER TREATMENT FACILITIES AND DRINKING WATER CONSTRUCTION ASSISTANCE PROGRAM › Chapter 2 - GENERAL REQUIREMENTS FOR CWSRF AND DWSRF FINANCING › Section 131-2-009 - Applications

Current through June 17, 2024
Applications will be reviewed by the Department to determine the
	 eligibility of applicants to receive funding from the CWSRF and DWSRF. The
	 Department may approve or deny applications. Reasons for denial may include,
	 but not be limited to, failure to comply with applicable state and federal
	 statutes and regulations, failure to meet financial capability requirements,
	 availability of CWSRF and DWSRF funds, or for any other good cause as
	 determined by the Department. Written notice of a denial of application will be
	 given by the Department to the applicant.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 131 - RULES AND REGULATIONS FOR THE WASTEWATER TREATMENT FACILITIES AND DRINKING WATER CONSTRUCTION ASSISTANCE PROGRAM › Chapter 2 - GENERAL REQUIREMENTS FOR CWSRF AND DWSRF FINANCING › Section 131-2-010 - General Terms of CWSRF and DWSRF Loans

Current through June 17, 2024
General Terms of CWSRF and DWSRF Loans. Loans made under the CWSRF will
	 meet the term requirements of Neb. Rev. Stat. §
									81-15,156
	 and the IUP; loans made under the DWSRF will meet the term requirement of Neb.
	 Rev. Stat. §
									71-5325.
	 and the IUP.
010.01 Additional terms
  and conditions for CWSRF and DWSRF loans will include, but not be limited to,
  the following:
010.01A The annual principal
  and interest payment due from a loan recipient will commence no later than one
  year after Initiation of Operation, one year after completion, or three years
  from the date of the loan, whichever occurs first. All loans will be fully
  amortized not later than the term of the loan.
010.01B delinquent payment penalty and
  penalty interest. Payments may be considered delinquent if not received within
  15 days of the due date and will be assessed with an administrative penalty not
  to exceed 5 percent. Interest on administrative penalties will accrue at a rate
  not to exceed 1 percent per month. Penalties will be assessed in accordance
  with the IUP and the loan agreement.
010.01C Security. The loan will contain
  provisions designed to ensure proper security of compliance with loan terms and
  repayment of principal and interest. Such provisions may include one or more of
  the following:
010.01C1 The filing of a lien
  upon the project in the amount of the loan together with any interest thereon.
  Such lien to attach to all project facilities, equipment. easements, real
  property, and any property of any kind or nature which is associated with the
  project. The Department will file a statement of the lien, its amounts, terms,
  and a description of the project with the county register of deeds in the
  county which is the site of the project. The lien will be valid until the
  principal loan amount with all accrued interest is paid in full or otherwise
  discharged. The lien will be foreclosed in accordance with applicable state
  laws.
010.01C2 For non-compliance
  with terms and conditions of the loan, the Department may demand that the
  remaining balance of principal and interest become immediately due and
  payable.
010.01C3 Failure to pay
  any loan payment or other charges due within sixty days of the date due will be
  considered a delinquent account subject to state action to collect the
  outstanding obligation. Such amount will be paid directly to the applicable
  Fund, either the Drinking Water. Clean Water, or Land Acquisition and Source
  Water Loan Fund.
010.01D
  Additional terms and conditions may be established in the annual lUPs or
  administered through the loan agreement.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 131 - RULES AND REGULATIONS FOR THE WASTEWATER TREATMENT FACILITIES AND DRINKING WATER CONSTRUCTION ASSISTANCE PROGRAM › Chapter 3 - GENERAL REQUIREMENTS FOR CWSRF and DWSRF PROJECTS › Section 131-3-001 - Wastewater Treatment Works, Nonpoint Source Control System, and Public Water System Land Acquisition and Source Water Protection Projects will satisfy the following

Current through June 17, 2024
001.01 Procurement
  Standards for Engineering Services and Construction Contracts. Loan applicants
  will use their own procurement procedures which reflect applicable federal,
  state, and local laws and regulations.
001.01A For engineering services to be
  eligible, the loan applicant will submit to the Department the appropriate
  professional services agreement for planning, design, and/or construction
  administration services. The Department will review the agreement(s) for
  eligibility.
001.01B The Department
  will review costs and will provide assistance for engineering costs which are
  considered reasonable and acceptable. Costs that appear excessive or
  unjustified may be limited for loan participation. The Department may provide
  an allowance for planning and/or design costs. The Department may use 40 CFR
  Part 35 Appendix B dated February 17, 1984 as a tool to determine the allowance
  for engineering services.
001.01C
  For construction contracts the loan recipient will follow the procedures under
  Chapter 3, 002.03A.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 131 - RULES AND REGULATIONS FOR THE WASTEWATER TREATMENT FACILITIES AND DRINKING WATER CONSTRUCTION ASSISTANCE PROGRAM › Chapter 3 - GENERAL REQUIREMENTS FOR CWSRF and DWSRF PROJECTS › Section 131-3-003 - General Requirements for Nonpoint Source Control System Projects and Land Acquisition and Source Water Protection Projects

Current through June 17, 2024
003.01
  General Planning requirements. Loan applicants will prepare an engineering
  report which defines the project, its purpose, and its scope.
003.01A Alternatives will be evaluated for
  the project through a cost-effectiveness analysis and other non-monetary
  considerations of an engineering evaluation. The engineering report will
  demonstrate that the selected alternative is cost-effective.
003.01B An evaluation of the environmental
  impacts including ground water and surface water impacts of the selected
  alternative will be included in the engineering report.
003.01C For the selected alternative, a
  concise description will be provided in the engineering report of at least the
  following:
003.01C1 Relevant design parameters
  including project design life.
003.01C2 Estimated capital construction costs
  and the associated operation and maintenance costs, and a description of the
  manner in which costs will be financed.
003.01C4 Cost impacts on the entities who
  benefit from the Non point Source Control System project or the land
  acquisition and source water protection project.
003.01C5 Institutional and management
  arrangements necessary for successful implementation.
003.01D Submission and review of the
  engineering report. Each engineering report will be submitted to the Department
  for review.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 131 - RULES AND REGULATIONS FOR THE WASTEWATER TREATMENT FACILITIES AND DRINKING WATER CONSTRUCTION ASSISTANCE PROGRAM › Chapter 3 - GENERAL REQUIREMENTS FOR CWSRF and DWSRF PROJECTS › Section 131-3-004 - General requirements for Public Water System Projects

Current through June 17, 2024
004.01 General Planning requirements. Loan
  applicants will prepare an engineering report which defines the project, its
  purpose, and its scope.
004.01A Alternatives
  will be evaluated for the project through a cost-effectiveness analysis and
  other non-monetary considerations of an engineering evaluation.
004.01B An evaluation of the environmental
  impacts including the beneficial and adverse consequences on the existing
  environment, the future environment and individual sensitive environmental
  issues that are identified by project management or through public
  participation on the alternatives of Chapter 3, 004.01A and the selected
  alternative will be included in the engineering report.
004.01C For the selected alternative, a
  concise description will be provided in the engineering report of at least the
  following:
004.01C1 Relevant design parameters
  including project design life.
004.01C2 Estimated capital construction costs
  and the associated operation and maintenance costs, and a description of the
  manner in which costs will be financed.
004.01C3 Cost impacts on the users of the
  Public Water System who benefit from the DWSRF project.
004.01C4 Institutional and management
  arrangements necessary for successful implementation.
004.01C5 Appropriate near-term and long-range
  measures to avoid, minimize, or mitigate adverse environmental
  impacts.
004.01D
  Submission and review of the engineering report. Each engineering report will
  be submitted to the Department and to DHHS for review.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 131 - RULES AND REGULATIONS FOR THE WASTEWATER TREATMENT FACILITIES AND DRINKING WATER CONSTRUCTION ASSISTANCE PROGRAM › Chapter 4 - GENERAL REQUIREMENTS FOR WASTEWATER TREATMENT WORKS PROJECTS (REPEALED)

Current through June 17, 2024
Enabling Legislation: Neb. Rev. Stat. §
										81-15,152;
		§
										81-15,153
Legal Citation: Title 131, Ch. 4, Nebraska Department of
		Environmental Quality
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 131 - RULES AND REGULATIONS FOR THE WASTEWATER TREATMENT FACILITIES AND DRINKING WATER CONSTRUCTION ASSISTANCE PROGRAM › Chapter 5 - GENERAL REQUIREMENTS FOR NONPOINT SOURCE CONTROL SYSTEM PROJECTS AND LAND ACQUISITION AND SOURCE WATER PROTECTION PROJECTS (REPEALED)

Current through June 17, 2024
Enabling Legislation: Neb. Rev. Stat. §
										81-15,152;
		§ 81-15 -153; §
										71-5318;
		§
										71-5322;
		§
										71-5324
Legal Citation: Title 131, Ch. 5, Nebraska Department of
		Environmental Quality
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 131 - RULES AND REGULATIONS FOR THE WASTEWATER TREATMENT FACILITIES AND DRINKING WATER CONSTRUCTION ASSISTANCE PROGRAM › Chapter 6 - GENERAL REQUIREMENTS FOR PUBLIC WATER SYSTEM PROJECTS (REPEALED)

Current through June 17, 2024
Enabling Legislation: Neb. Rev. Stat. §
										71-5318;
		§
										71-5322;
		§
										71-5324
Legal Citation: Title 131, Ch. 6, Nebraska Department of
		Environmental Quality
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 131 - RULES AND REGULATIONS FOR THE WASTEWATER TREATMENT FACILITIES AND DRINKING WATER CONSTRUCTION ASSISTANCE PROGRAM › Chapter 7 - APPLICATION PROCEDURES (REPEALED)

Current through June 17, 2024
Legal Citation: Title 131, Ch. 7, Nebraska Department of
		Environmental Quality
Enabling Legislation: Neb. Rev. Stat. §§
										81-15,152;
		81-15 -153; 71-5321.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 131 - RULES AND REGULATIONS FOR THE WASTEWATER TREATMENT FACILITIES AND DRINKING WATER CONSTRUCTION ASSISTANCE PROGRAM › Chapter 8 - LOAN CONDITIONS AND TERMS (REPEALED)

Current through June 17, 2024
Enabling Legislation: Neb. Rev. Stat. §
										81-15,152;
		§
										81-15,153;
		§
										81-15,155;
		§
										81-15,156;
		§
										81-15,158;
		§§
										71-5321
		to
		71-5326
Legal Citation: Title 131, Ch. 8, Nebraska Department of
		Environmental Quality
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 131 - RULES AND REGULATIONS FOR THE WASTEWATER TREATMENT FACILITIES AND DRINKING WATER CONSTRUCTION ASSISTANCE PROGRAM › Chapter 9 - GENERAL PROVISIONS (REPEALED)

Current through June 17, 2024
Legal Citation: Title 131, Ch. 9, Nebraska Department of
		Environmental Quality
Enabling Legislation: §
										81-1509.
Nebraska Administrative Code › Topic - ENVIRONMENT AND ENERGY › Title 131 - RULES AND REGULATIONS FOR THE WASTEWATER TREATMENT FACILITIES AND DRINKING WATER CONSTRUCTION ASSISTANCE PROGRAM › Chapter 10 - ELIGIBLE USE OF LINKED DEPOSIT FUNDS AND APPLICABILITY OF FEDERAL, STATE, AND LOCAL REQUIREMENTS (REPEALED)

Current through June 17, 2024
Enabling Legislation: Neb. Rev. Stat. §
										81-15,148;
		§§
										81-15,151
		to
		81-15,153
Legal Citation: Title 131, Ch. 10, Nebraska Department of
		Environmental Quality